FORMATION AND INCORPORATION Sample Clauses

FORMATION AND INCORPORATION. 1.1 Any Order placed by the Company for the purchase of Goods or provision of Services is subject to these Conditions. No other terms and/or conditions (including any terms or conditions written on or attached to any quotation, acknowledgment of acceptance of order, specification, sales invoice, delivery note, form, document or correspondence) sought to be imposed by the Supplier will form part of the Agreement. No conduct of the Company shall constitute acceptance of any such other terms and conditions and the Supplier waives any right which it otherwise might have had to rely on such terms and conditions.
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FORMATION AND INCORPORATION. 2.1 Subject to any variation under condition 2.4, the Contract will be on these terms and conditions set out below to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order or similar document).
FORMATION AND INCORPORATION. 2.1 Any Proposal given by Commercial to the Customer shall not constitute an offer and shall only be valid for a period of 30 days from its date of issue.
FORMATION AND INCORPORATION. 1.1 These Conditions shall comprise of three sections, Section A shall apply to all Orders, whether for Services or Goods, Section B, together with Section A, shall apply to the provision of Services by a Contractor and Section C, together with Section A, shall apply to the supply of Goods by a Supplier. Where a reference toContractor or Supplier’ or ‘Goods or Services’ is contained within any Condition under Section A, that Condition should be construed accordingly with respect to the specific Order.
FORMATION AND INCORPORATION. (1) This contract shall only be concluded when Minerelle (The "Seller") provides an Acknowledgement of an Order to the Buyer or in the event of Goods being dispatched. Any contract for the supply of goods being conditional upon acceptance of the Sellers terms given to the Buyer (in whatever form the same may be expressed) is given subject to these Conditions and does not constitute an offer to sell any goods to the Buyer. Subject to the above, any contract for the supply of goods given to the buyer remains open for acceptance for twenty-eight days from this date.
FORMATION AND INCORPORATION. 2.1. Unless otherwise agreed in writing, the Contract will be based upon these clauses to the exclusion of all other terms and conditions and all previous oral or written representations exchanged between the Customer and the Supplier.
FORMATION AND INCORPORATION. 5. The Conditions shall be incorporated into and govern the Contract to the entire exclusion of all other terms or conditions. Without prejudice to the generality of the foregoing, the Company will not be bound by any standard or printed terms tendered by the Customer, unless the Customer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been agreed in writing by an authorised representative of the Company. In the event of any conflict between the Proposal and these Conditions, the terms of the Proposal shall prevail. party for fraudulent misrepresentation.
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FORMATION AND INCORPORATION. 2.1 Subject to any variation under Condition 13.5, any order made by the Customer for Services provided by BMT and using the Order Form will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the order.

Related to FORMATION AND INCORPORATION

  • Incorporation All Exhibits attached hereto and referred to herein are hereby incorporated herein and made a part hereof for all purposes as if fully set forth herein.

  • Organization and Good Standing Seller has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Delaware, with power and authority to own its properties and to conduct its business as such properties are currently owned and such business is currently conducted, and had at all relevant times, and now has, power, authority and legal right to acquire, own and sell the Receivables and the Other Conveyed Property to be transferred to Purchaser.

  • Formation The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

  • Bylaws The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.

  • Incorporation of Documents The documents listed below in this Section IID are hereby incorporated by reference and fully made a part of the Contract. This Contract and the incorporated documents describe the subject of the Procurement, the particulars of its performance, the process and time for payment, and the rights and remedies of the parties (collectively, “the terms”). In case of any conflict between those documents’ terms, the documents shall be given precedence in the following order, from highest to lowest:

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