Common use of Entire Agreement; Modifications; Buyer’s Website Clause in Contracts

Entire Agreement; Modifications; Buyer’s Website. 31.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by (i) a written amendment executed by authorized representatives of each party or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer or (b) from time to time by posting revised TCPs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor website. Such revised TCPs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website periodically. 31.2 Buyer’s website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s website. In the event of any inconsistency between the Purchase Order and Buyer’s website, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website expressly provide otherwise. 31.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Order. 31.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respect, Seller shall notify Buyer of the facts and circumstances surrounding such situation.

Appears in 3 contracts

Samples: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase

AutoNDA by SimpleDocs

Entire Agreement; Modifications; Buyer’s Website. 31.1 38.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-non- disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by (i) a written amendment executed by authorized representatives of each party or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website Website at xxx.xxxxxxxx.xxxxxx.xxxxxx.xxx, or its successor website. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 38.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 38.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 38.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation.

Appears in 2 contracts

Samples: North American Terms and Conditions of Purchase, North American Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 38.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-non- disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by (i) a written amendment executed by authorized representatives of if each party or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer or (b) from time to time by posting revised TCPs POTCs to Buyer’s website Website at xxx.xxxxxxxx.xxxxxx.XxxxxXXXxxxxxxxx.xxx, or its successor website. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 38.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 38.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 38.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation.

Appears in 2 contracts

Samples: North American Terms and Conditions of Purchase, North American Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 38.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by (i) a written amendment executed by authorized representatives of if each party or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer or (b) from time to time by posting revised TCPs POTCs to Buyer’s website Website at xxx.xxxxxxxx.xxxxxx.xxx-xxxxxxxxxx.xxx, or its successor website. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 38.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 38.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 38.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding surroding such situation.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 39.1 The Purchase Order is the entire agreement between the parties respecting the Supplies Goods and Services and supersedes any prior agreements, negotiations or understandings of the parties respecting the SuppliesGoods and Services, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order These POTCs may only be modified by by: (i) a written amendment executed by authorized representatives of each party party; or (ii) by Xxxxx (a) for changes within the scope of Section 97, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor websiteWebsite. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 39.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 39.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 39.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation. 39.5 Buyer has instituted a process by which the Order and any corresponding agreements may be executed using an electronic signature (hereinafter referred to as “E-Signature”). As a condition of Xxxxx’s acceptance of any E-Signature, Seller acknowledges and agrees that: any E-Signature is the legal equivalent of Seller’s manual signature; Seller is legally bound by the terms and conditions bearing Seller’s E-Signature; the Order and/or agreement will be electronically executed by authorized

Appears in 1 contract

Samples: North American Non Mobility Direct and Indirect Purchasing Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 34.1 The Purchase Order is the entire agreement between the parties respecting the Supplies Goods and Services and supersedes any prior agreements, negotiations or understandings of the parties respecting the SuppliesGoods and Services, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by by: (i) a written amendment executed by authorized representatives of each party party; or (ii) by Xxxxx (a) for changes within the scope of Section 97, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor websiteWebsite. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 34.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 34.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 34.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation. 34.5 Buyer has instituted a process by which the Order and any corresponding agreements may be executed using an electronic signature (hereinafter referred to as “E-Signature”). As a condition of Xxxxx’s acceptance of any E-Signature, Seller acknowledges and agrees that: any E-Signature is the legal equivalent of Seller’s manual signature; Seller is legally bound by the terms and conditions bearing Seller’s E-Signature; the Order and/or agreement will be electronically executed by authorized signers of the Seller. Seller shall indemnify and hold Buyer harmless from and against any damages, losses or claims that arise out of the E-Signature contemplated hereby.

Appears in 1 contract

Samples: North American Non Automotive and Indirect Purchasing Terms and Conditions of Purchase

AutoNDA by SimpleDocs

Entire Agreement; Modifications; Buyer’s Website. 31.1 40.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by by: (i) a written amendment executed by authorized representatives of each party party; or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor websiteWebsite. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 40.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and Buyer’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 40.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 40.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation. Effective January 1, 2018 40.5 Buyer has instituted a process by which the Order and any corresponding agreements may be executed using an electronic signature (hereinafter referred to as “E-Signature”). As a condition of Xxxxx’s acceptance of any E-Signature, Seller acknowledges and agrees that: any E-Signature is the legal equivalent of Seller’s manual signature; Seller is legally bound by the terms and conditions bearing Seller’s E- Signature; the Order and/or agreement will be electronically executed by authorized signers of the Seller. Seller shall indemnify and hold Buyer harmless from and against any damages, losses or claims that arise out of the E-Signature contemplated hereby.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 40.1 The Purchase Order is the entire agreement between the parties respecting the Supplies and supersedes any prior agreements, negotiations or understandings of the parties respecting the Supplies, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by by: (i) a written amendment executed by authorized representatives of each party party; or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor websiteWebsite. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 40.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 40.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 40.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation. 40.5 Buyer has instituted a process by which the Order and any corresponding agreements may be executed using an electronic signature (hereinafter referred to as “E-Signature”). As a condition of Xxxxx’s acceptance of any E-Signature, Seller acknowledges and agrees that: any E-Signature is the legal equivalent of Seller’s manual signature; Seller is legally bound by the terms and conditions bearing Seller’s E-Signature; the Order and/or agreement will be electronically executed by authorized signers of the Seller. Seller shall indemnify and hold Buyer harmless from and against any damages, losses or claims that arise out of the E-Signature contemplated hereby.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

Entire Agreement; Modifications; Buyer’s Website. 31.1 42.1 The Purchase Order is the entire agreement between the parties respecting the Supplies Products and supersedes any prior agreements, negotiations or understandings of the parties respecting the SuppliesProducts, whether written or oral, except that a signed prior agreement (such as an award letter, statement of work, or non-disclosure agreement) will continue to apply to the extent not directly in conflict with the Purchase Order. This Purchase Order may only be modified by by: (i) a written amendment executed by authorized representatives of each party party; or (ii) by Xxxxx (a) for changes within the scope of Section 9, by an amendment to the Purchase Order issued by Buyer Xxxxx or (b) from time to time by posting revised TCPs POTCs to Buyer’s website at xxx.xxxxxxxx.xxx, or its successor websiteWebsite. Such revised TCPs POTCs shall apply to all purchase order revisions/amendments and new Purchase Orders issued on or after the effective date thereof. Seller shall be responsible to review Xxxxx’s website Website periodically. 31.2 42.2 Buyer’s website Website may also contain specific additional requirements for certain items covered by the Purchase Order, including labeling, packaging, shipping, delivery and quality specifications, procedures, directions and/or instructions. Any such requirements shall be deemed to form part of the terms of and the Purchase Order. Buyer may periodically update such requirements by posting revisions thereto on Buyer’s websiteWebsite. In the event of any inconsistency between the Purchase Order and BuyerXxxxx’s websiteWebsite, the terms of the Purchase Order shall prevail, unless the requirements specified on Buyer’s website Website expressly provide otherwise. 31.3 42.3 Seller represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which Seller is a party which, if decided unfavorably to Seller, would reasonably be expected to have a material adverse effect on Buyer’s or Seller’s ability to fulfill its respective obligations under the Purchase Orderthis Agreement. 31.4 42.4 Seller covenants that each express representation and warranty of Seller in the Purchase Order this Agreement shall remain true and correct during the term and any extension thereof. To the extent that Seller becomes aware that any such representation or warranty becomes untrue in any material respectrespect during the term, Seller shall notify Buyer of the facts and circumstances surrounding such situation. 42.5 Buyer has instituted a process by which the Order and any corresponding agreements may be executed using an electronic signature (hereinafter referred to as “E-Signature”). As a condition of Xxxxx’s acceptance of any E-Signature, Seller acknowledges and agrees that: any E-Signature is the legal equivalent of Seller’s manual signature; Seller is legally bound by the terms and conditions bearing Seller’s E-Signature; the Order and/or agreement will be electronically executed by authorized signers of Seller. Seller shall indemnify and hold Buyer harmless from and against any damages, losses or claims that arise out of the E-Signature contemplated hereby.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!