Exclusive Terms. This contract contains all of the terms agreed upon by the parties with respect to the subject matter hereof and supersedes all prior agreements, arrangements, and communications between the parties concerning such subject matter, whether oral or written, including, but not limited to, any prior contract.
Exclusive Terms. This Agreement exclusively governs the ordering, purchase, supply, and use of Product, and its terms shall override any conflicting, amending and/or additional terms contained in any purchase orders, invoices or similar documents, which are hereby rejected and shall be null and void. Failure of Illumina or Customer to object to any such conflicting, amending and/or additional terms shall not constitute a waiver by Illumina or Customer, nor constitute acceptance by Illumina or Customer of such terms. The conditions and restrictions on use and other activities set forth in this Agreement are bargained for conditions of sale and, therefore, control the sale of such Product and the rights in and to Products provided to Customer at purchase. This Agreement may be amended in writing only. For clarity, written amendments to this Agreement must be executed by officers of the Parties.
Exclusive Terms. The terms and conditions of this Agreement shall apply to all written authorizations issued by Buyer to ESI for work to be performed under this Agreement in lieu of any printed terms thereon or therein and such written authorizations shall form a part of this Agreement.
Exclusive Terms. Any acceptance of this Purchase Order is limited to the acceptance of the express terms and conditions contained herein. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller’s acceptance is hereby objected to and rejected, but such proposal shall not operate as a rejection of this offer unless such variances are in the terms of the description and specification of the goods, prices, quantities, delivery schedules, or terms of payment, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by Seller without said additional or different terms. If this Purchase Order shall be deemed an acceptance of a prior offer by Seller, such acceptance is limited to the express terms and conditions contained on the reverse side of this document, attached to this document, or delivered by Buyer with this document. Additional or different terms and conditions or any attempt by Seller to vary in any degree any of the terms and conditions of this Purchase Order shall be deemed material and shall be rejected; however, this Purchase Order shall not operate as a rejection of Seller’s offer unless this Purchase Order contains one or more of the variances described above.
Exclusive Terms. The offer is expressly conditioned upon Buyer's acceptance of this Agreement and all the terms and conditions contained herein. This Agreement is the exclusive contract between Buyer and Seller regarding the Products acquired by Buyer from Seller and may not be altered or amended, nor its terms waived, except in writing, signed by an authorized representative of the party to be bound thereby. Acceptance or acknowledgment by Seller of purchase order forms or other similar forms containing provisions different from, or deletions or additions to, the terms of this Agreement are hereby rejected and shall not be binding on Seller. Buyer shall not assign its rights or delegate its duties under this Agreement, in whole or in part, without prior written consent of Seller. Should Seller make an offer to Buyer in writing, then any specific terms in such written offer shall prevail to the extent they conflict with the terms of this Agreement. Any offer on the part of Seller is subject to change without notice until actual receipt of a written order from Buyer and written acceptance of such order by Seller.
Exclusive Terms. These Standard Terms and Conditions, along with the Distributor Agreement, contain the exclusive agreement with respect to all orders for, and sales of Products and controls over any purported terms to which Fiagon NA has not agreed in writing.
Exclusive Terms. This Contract shall control in any contract resulting from or arising out of Buyer's Purchase Order regardless of any terms, conditions or provisions found in Seller's responses or documents, all of such terms, conditions and provisions incorporated therein being deemed waived and rejected insofar as the same differ from or add to this Contract (except Seller's additional warranties) unless such different or additional terms, conditions or provisions shall be specifically accepted by Buyer as a change to this Contract by express reference in a writing signed by Xxxxx. Xxxxx's offer to purchase Goods, and any contract therefor, is expressly limited to this Contract. If Xxxxx's order is deemed an acceptance by Xxxxx of a prior offer by Seller, such acceptance is limited to the express terms and conditions of this Contract. Buyer objects to and rejects any different, additional or varying terms proposed by Seller, except additional warranties by Seller, regardless of whether such terms would materially alter this Contract. Seller's proposal of additional or different terms shall not operate as a rejection of Xxxxx's terms except to the extent such variances are in the description, quantity, price or place or date of delivery of Goods, and Xxxxx's terms shall be deemed accepted without said additional or different terms. Seller shall be deemed to have made an unqualified acceptance of these terms and conditions on the earliest of the following to occur: (i) Seller's acknowledgment or acceptance of Buyer's Purchase Order,
Exclusive Terms. Article 1 The parties to the contract
Exclusive Terms. This Agreement contains all of the terms agreed upon by the parties with respect to the subject matter hereof and supersedes all prior contracts, agreements, arrangements, and communications between the parties concerning such subject matter whether oral or written. This Agreement shall not be modified, amended, altered, or supplemented except by agreement in writing duly executed by both of the parties hereto.
Exclusive Terms. These Xxxxxx Optical Company (“HOC”) Terms and Conditions of Sale, HOC’s quotation for the Order (and any HOC revisions thereto), including all applicable appendices, exhibits, correspondence and other documents that have been mutually agreed in writing, set out the exclusive terms and conditions (this “Agreement”) that apply to all sales by Xxxxxx Optical (“HOC”) to the customer or purchaser shown on this Agreement for the products (the “Products”). HOC objects to, and rejects, all terms and conditions that are different from or additional to those set out in this Agreement. For the avoidance of doubt, unless specifically accepted by HOC in writing, all pre-printed or other terms and conditions set forth on Customer’s Purchase Order(s) are hereby rejected by HOC. A failure by HOC to object to different or additional terms in any future communication shall not waive the terms and conditions in this Agreement. Customer’s acceptance of the terms and conditions to purchase Products (the “Order”) is limited to the terms and conditions in this Agreement. HOC conditions its offer or acceptance of (as applicable) and agreement to the Order upon Customer’s assent to the terms and conditions of this Agreement, excluding all different or additional terms and conditions. No Order is effective as to HOC unless in writing and on the terms and conditions of this Agreement.
