Common use of Controlling Provisions Clause in Contracts

Controlling Provisions. These terms and conditions of sale (these “Terms”), together with the sales quotation, sales proposal or similar document (each a “Sales Document”) making reference to these Terms (collectively, this "Contract") constitutes an offer by the entity identified in the Sales Document as “Seller” (referred to herein as "Company") to provide the goods and/or services described in such Sales Document to the party to whom the Sales Document is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained herein. Xxxxx's acceptance of this Contract is limited to the terms, covenants and conditions contained in this Contract, and Company hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Company expressly agrees to such terms in writing. Such proposal of additional, different or varying terms by Buyer will not operate as a rejection of Company's offer, and Company's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those terms. Any terms, conditions, negotiations or understandings not contained in this Contract will have no force or effect unless made in writing and signed by Company and Buyer.

Controlling Provisions. These terms and conditions of sale (these “Terms”)This document, together with the sales quotation, sales proposal quotation or similar acknowledgement referencing this document (each a “Sales Document”) making reference to these Terms (collectively, this "Contract") constitutes an offer by the entity identified in the Sales Document as “Seller” MPE International LLC (referred to herein as "Company") to provide the goods and/or services described in such Sales Document sales quotation or acknowledgement (collectively, the "Products") to the party to whom the Sales Document such sales quotation or acknowledgement is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained herein. Xxxxx's acceptance of this Contract is limited to the terms, covenants and conditions terms contained in this Contract, and Company hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Company expressly agrees assents to such terms in writing. Such proposal of additional, different or varying terms by Buyer will not operate as a rejection of Company's offer, and Company's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those terms. Any terms, conditions, negotiations or understandings not contained in this Contract will have no force or effect unless made in writing and signed by Company and Buyer.

Controlling Provisions. These terms and conditions of sale (these “Terms”)a) This document, together with the sales quotationprovisions in Seller's quotation or acknowledgment or Seller's similar form (the "Agreement"), sales proposal or similar document (each a “Sales Document”) making reference to these Terms (collectively, this "Contract") constitutes an offer by the entity identified in the Sales Document as “Exolon Group, Inc., ("Seller” (referred to herein as "Company") to provide the goods and/or services products described in such Sales Document herein (the "Products") to the party buyer to whom the Sales Document which this offer is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract document is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained hereinin this Agreement. Xxxxx's acceptance of this Contract offer is limited to the terms, covenants and conditions contained in this Contract, and Company offer. Seller hereby objects to and rejects any additional, different or varying terms proposed by Xxxxx, including in any order or other communication from Buyer, unless Company expressly agrees to such terms in writing. Such proposal of additional, different or varying terms by Buyer (including in any order or other communication) will not operate as a rejection of CompanySeller's offer, and CompanySeller's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those termsTHIS CONTRACT CONSTITUTES THE FINAL EXPRESSION OF THE AGREEMENT BETWEEN SELLER AND BUYER REGARDING THE PRODUCTS AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THAT AGREEMENT. Any termsANY TERMS, conditionsCONDITIONS, negotiations NEGOTIATIONS OR UNDERSTANDINGS WHICH ARE NOT CONTAINED IN THIS CONTRACT WILL HAVE NO FORCE OR EFFECT UNLESS MADE IN WRITING AND SIGNED BY BUYER AND AN AUTHORIZED OFFICER OF SELLER. Seller's sales representatives are without authority to change, modify or understandings not contained in alter this Contract will have no force or effect unless made in writing and signed by Company and BuyerAgreement.

Controlling Provisions. These terms and conditions of sale (these “Terms”)This document, together with the sales quotation, sales proposal or similar quotation with respect to which this document (each a “Sales Document”) making reference to these Terms is attached (collectively, this "Contract") constitutes an offer by the entity identified in the Sales Document as “Seller” Xxxxxx Hydraulics, Inc. (referred to herein as "Company") to provide the goods and/or services described in such Sales Document the Quotation (collectively, the "Products") to the party to whom the Sales Document attached sales quotation is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained herein. Xxxxx's acceptance of this Contract is limited to the terms, covenants and conditions contained in this Contract, and Company hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Company expressly agrees assents to such terms in writing. Such proposal of additional, different or varying terms by Buyer will not operate as a rejection of Company's offer, and Company's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those terms. Any terms, conditions, negotiations or understandings not contained in this Contract will have no force or effect unless made in writing and signed by Company and Buyer.

Controlling Provisions. These terms and conditions of sale (these “Terms”)a) This document, together with the sales quotation, sales proposal or similar document provisions in Seller's quotation (each a “Sales Document”) making reference to these Terms (collectively, this the "Contract") ), constitutes an offer by the entity identified in the Sales Document as “Road Xxxxxxx LLC and/or its affiliates ("Seller” (referred to herein as "Company") to provide the goods and/or services products described in such Sales Document herein (the "Products") to the party buyer to whom the Sales Document which this offer is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract document is deemed an acceptance of a prior offer by BuyerXxxxx, such acceptance is limited to the express terms contained hereinin this Contract. Xxxxx's acceptance of this Contract offer is limited to the terms, covenants and conditions contained in this Contract, and Company offer. Seller hereby objects to and rejects any additional, different or varying terms proposed by BuyerXxxxx, unless Company an authorized officer of Seller expressly agrees assents to such terms in a signed writing. Such proposal of additional, different or varying terms by Buyer will not operate as a rejection of CompanySeller's offer, and CompanySeller's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those termsTHIS CONTRACT CONSTITUTES THE FINAL EXPRESSION OF THE AGREEMENT BETWEEN SELLER AND BUYER REGARDING THE PRODUCTS AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THAT AGREEMENT. Any termsANY TERMS, conditionsCONDITIONS, negotiations NEGOTIATIONS OR UNDERSTANDINGS WHICH ARE NOT CONTAINED IN THIS CONTRACT WILL HAVE NO FORCE OR EFFECT UNLESS MADE IN WRITING AND SIGNED BY BUYER AND AN AUTHORIZED OFFICER OF SELLER. Seller's sales representatives are without authority to change, modify or understandings not contained in alter this Contract will have no force or effect unless made in writing and signed by Company and BuyerContract.

Controlling Provisions. These terms and conditions of sale (these “Terms”)This document, together with the sales quotation, sales proposal or similar quotation with respect to which this document (each a “Sales Document”) making reference to these Terms is attached (collectively, this "Contract") constitutes an offer by the entity identified in the Sales Document Strohwig Industries, Inc. as “Seller” (referred to herein as "Company") to provide the goods and/or services described in such Sales Document sales quotation (collectively, the "Products") to the party to whom the Sales Document attached sales quotation is addressed ("Buyer"). Any goods referenced in the Sales Document are referred to herein as “Products”, and any services referenced in the Sales Document are referred to herein as “Services”. If this Contract is deemed an acceptance of a prior offer by Buyer, such acceptance is limited to the express terms contained herein. Xxxxx's acceptance of this Contract is limited to the terms, covenants and conditions contained in this Contract, and Company hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Company expressly agrees to such terms in writing. Such proposal of additional, different or varying terms by Buyer will not operate as a rejection of Company's offer, and Company's offer will be deemed accepted without such additional, different or varying terms. This Contract constitutes the final expression of the terms between Company and Buyer regarding the Products and/or Services (as applicable) and is the complete statement of those terms. Any terms, conditions, negotiations or understandings not contained in this Contract will have no force or effect unless made in writing and signed by Company and Buyer.