EXCLUSIVE TERMS AND CONDITIONS. 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties.
EXCLUSIVE TERMS AND CONDITIONS. The Parties agree that all purchase orders issued by Distributor and any order acceptance or acknowledgements issued by Company shall be subject to the terms and conditions of this Agreement and shall control in the event of a conflict with the standard terms and conditions of Company or of Distributor’s purchase orders.
EXCLUSIVE TERMS AND CONDITIONS. 1.1 These terms and conditions are incorporated into and made a part of the agreement or proposal (“Agreement”) by Kennametal Inc. or any of its subsidiaries, affiliates and unincorporated divisions (“Buyer”) to buy from the named manufacturer, distributor, supplier or other seller (the “Seller”) the goods (“Goods”) and Services (the “Services”) referenced on the face of this document.
EXCLUSIVE TERMS AND CONDITIONS. 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties other than the attached below County's General Terms and Conditions, which shall take precedence, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties.
EXCLUSIVE TERMS AND CONDITIONS. All sales of Products, shall be governed solely and exclusively by the terms and conditions contained herein (except as hereafter supplemented and/or modified in a written instrument signed by a duly authorized officer of TMS), which terms and conditions shall supersede and prevail over all terms and conditions submitted by Customer in any written order or other communication.
EXCLUSIVE TERMS AND CONDITIONS. Together with any other terms the parties agree to in writing, these Terms and Conditions of Sale, and any terms and conditions printed on the face of TURCK Inc.’s (“Seller”) order acknowledgment, form the sole and exclusive terms (this “Agreement”) whereby Buyer (defined below) agrees to purchase from Seller, and Seller agrees to sell to Buyer goods (“Goods”) and other services in connection with the sale of those Goods (“Services”). Notwithstanding any provisions communicated in any way by Buyer to Seller prior to this Agreement, including but not limited to any terms contained in or accompanying any request for quote or purchase order issued by Buyer, Buyer agrees that this Agreement will control the relationship by accepting Goods and Services from Seller, even if Buyer sends to Seller other terms and conditions to which Seller may not respond. Unless separately accepted by Seller in writing, any such other terms and conditions sent or communicated by Buyer to Seller are rejected. As used in this Agreement, the term “Buyer” shall mean any buyer of Goods and/or Services from Seller.
EXCLUSIVE TERMS AND CONDITIONS. The parties intend for this Agreement, together with Exhibit A, to exclusively govern and control each of the parties’ respective rights and obligations regarding the Services (as defined below). Without limiting the foregoing, any additional or different terms contained in any purchase order or other request or communication from Customer pertaining to the Services, or any attempt by Customer to modify, supersede, supplement, or otherwise alter this Agreement, will not modify this Agreement nor be binding on the parties.
EXCLUSIVE TERMS AND CONDITIONS. 1. Customer acknowledges that this Agreement and each Acknowledgement or SOW shall supersede all prior and concurrent agreements and understandings, whether written or oral related to the Services performed. Neither this Agreement nor any Acknowledgement or SOW may be altered, amended, or modified except by a written agreement signed by duly authorized representatives of both parties. Customer acknowledges and agrees that none of BAYCOM’s agents, employees or representatives have authority to make any promise, representation or warranty related to the Services and Equipment other than those contained in this Agreement or in any Acknowledgement or SOW.
2. In the event of a conflict between the main body of this Agreement and any Acknowledgement or SOW, the main body of this Agreement will take, precedence, unless the Acknowledgement or SOW specifically states otherwise.
3. Customer agrees to reference the terms of this Agreement on any purchase order(s) issued in furtherance of this Agreement or any Acknowledgement or SOW. Neither party shall be bound by any terms contained in Customer’s purchase order(s), acknowledgments or other writings unless:
i. such purchase order(s), acknowledgments or other writings terms specifically refer to this Agreement; and
ii. clearly indicate the intention of both parties to override and modify this Agreement; and
iii. such purchase order(s), acknowledgments or other writings are signed by duly authorized representatives of both parties.
EXCLUSIVE TERMS AND CONDITIONS. The parties intend for this Addendum, together with Exhibit A, Exhibit B, and Exhibit C, to exclusively govern and control each of the parties’ respective rights and obligations regarding the Services (as defined below). Without limiting the foregoing, any additional or different terms contained in any purchase order or other request or communication from the parties pertaining to the Services will not modify this Addendum nor be binding on the parties.
EXCLUSIVE TERMS AND CONDITIONS. This instrument together with any amendment hereto specifically agreed to in writing by an officer of seller, contains the entire and the only agreement between the parties with respect to the sale of the parts to buyer and supersedes any alleged related representation, promise or condition not specifically incorporated herein. Notwithstanding any different or additional terms or conditions contained in buyer's purchase order or other communications, buyer's order is accepted by seller only on the condition that buyer accepts the terms and conditions contained herein and in any such amendment, in the absence of buyer's acceptance of the terms and conditions contained herein, seller's performance of this agreement or acknowledgment of the receipt of buyer's order shall not be deemed or construed to be acceptance of buyer's differing terms or conditions, or any of them, and seller's failure to object to provisions contained in any communication from buyer shall not be deemed a waiver of the provisions contained herein. If contract is not earlier formed by mutual agreement in writing, buyer's acceptance of parts covered hereby shall be deemed acceptance of all of the terms and conditions stated herein, except to the extent otherwise specifically stated in a written noticed provided to seller by buyer within three (3) days after buyer's receipt of such parts.
