Common use of Form of Order Clause in Contracts

Form of Order. Subject to paragraphs 1 to 6 above, each Contracting Body may place an Order with the Supplier by serving an order form in writing (which may be done electronically if the Contracting Body so decides) in substantially the form of the Order Form set out in Framework Schedule 4 (the Order Form and the Call-Off Terms). Unless otherwise agreed by the Parties and subject to 8.3 below, the Parties agree that any document or communication (including any document or communication in the apparent form of the Order Form) which is not in the form prescribed by this paragraph 8 shall not constitute an Order under this Framework Agreement. The Contracting Body in sending an acknowledgement in accordance with paragraph 7 above following receipt of the signed Order Form from the Supplier shall form a binding Call-Off Agreement. The Contracting Body and the Supplier agree that any documentation or communication, including a document or communication in the apparent form of an Order Form, which: does not contain all of the information listed in Framework Schedule 4, Part 1 (the Order Form); and/or purports to exclude or vary any of the terms and conditions of the Framework Agreement and/or the Call-Off Agreement, other than in accordance with Schedule 11 of the Call-Off Agreement, shall not constitute an Order under this Framework Agreement. This Framework Schedule 6 sets out the award criteria to be used by Contracting Bodies to place a Call--Off Agreement either by direct award (see Part 1) or by way of a further competition (see Part 2).

Appears in 7 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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