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. 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. 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. 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. The offer is expressly conditioned upon Xxxxx'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 itsduties 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. th
Exclusive Terms. All orders, whether through the catalogue or otherwise, shall be governed by the following terms and conditions. These terms and conditions shall constitute the complete Agreement between the purchaser of the goods (herein called 'Buyer') and Häfele Canada Inc. (herein called 'Seller') and shall supersede all prior and contemporaneous oral and written statements of any kind whatsoever made by the parties and their representatives. All terms herein are subject to change without notice by the Seller. A copy of the current terms will be made available upon request.
Exclusive Terms. This Agreement and the Quality Agreement set forth the exclusive contract terms between the Parties for, and shall apply to, all orders for Clinical Products. Any terms in any Firm Order, Purchase Order, invoice or other notice submitted by either Party to the other Party that are different from or additional to the provisions hereof shall be null and void notwithstanding SUPPLIER’s delivery of, and Company’s acceptance of, Clinical Products under any Firm Order, Purchase Order, invoice or other notice containing such terms.
Exclusive Terms. These terms and conditions shall control in any contract resulting from or arising out of the Purchase Order regardless of printed terms, conditions or provisions found in responses hereto or documents giving rise hereto; all of such printed matter incorporated therein being deemed waived insofar
(a) performance against the Purchase Order, (b) the Company's failure to object to these terms and conditions within ten days of receipt, or (c) any other event constituting acceptance under applicable law.
