Common use of FORMATION AND INCORPORATION Clause in Contracts

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. 1.2 Where a Supplier is providing Services only as part of an Order and no actual Goods are included, it is hereby confirmed that the subsequent Conditions, 2.3, 2.6, 2.7, 2.8, 2.9, 4.1, 7.1, 7.6.4, 8.3, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12 and 18.1.1 within these Terms and Conditions, that relate specifically and only to the provision of Goods will be deemed null and void and not form part of this Agreement. 1.3 Each Order for Goods or provision of the Services by the Company from the Supplier shall be deemed to be an offer by the Company to purchase the Goods or acquire the Services subject to these Conditions in accordance with Condition 1.5. 1.4 Any variation to the Order or these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory of the Company and any variation in price, quantity, delivery or other terms or conditions agreed orally shall be confirmed in writing by the Company and the Supplier within 7 days from the date of such agreement, otherwise such variation shall not be binding on either party. 1.5 The Supplier shall accept the Order by expressly giving notice in writing of its acceptance. If the Supplier has not notified the Company of its acceptance or rejection of the Order within 14 (overseas orders 21) days of the date thereof, or if the Supplier supplies or commences the supply of the Goods or starts to provide the Services contained in the Order it shall be deemed to have accepted the Order. 1.6 In the event of any conflict between a Condition of these Conditions and the terms of an Order, the terms of the Order shall prevail to the extent required to resolve such conflict.

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 to ‘Contractor 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. 1.2 Any Order placed by the Company for the provision of Services or 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 Contractor or Supplier will form part of the Agreement. No conduct of the Company shall constitute acceptance of any such other terms and conditions and the Contractor or Supplier waives any right which it otherwise might have had to rely on such terms and conditions. 1.2 Where a Supplier is providing Services only as part of an 1.3 Each Order and no actual Goods are included, it is hereby confirmed that by the subsequent Conditions, 2.3, 2.6, 2.7, 2.8, 2.9, 4.1, 7.1, 7.6.4, 8.3, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12 and 18.1.1 within these Terms and Conditions, that relate specifically and only to Company for the provision of Services from the Contractor or the supply of Goods will be deemed null and void and not form part of this Agreement. 1.3 Each Order for Goods or provision of the Services by the Company from the Supplier shall be deemed to be an offer by the Company to acquire the Services or purchase the Goods or acquire the Services subject to these Conditions in accordance with Condition 1.5. 1.4 Any variation to the Order or these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory of the Company and any variation in price, quantity, delivery or other terms or conditions agreed orally shall be confirmed in writing by the Company and the Contractor or Supplier within 7 days from the date of such agreement, otherwise such variation shall not be binding on either party. 1.5 The Contractor or Supplier shall accept the Order by expressly giving notice in writing of its acceptance. If the Contractor or Supplier has not notified the Company of its acceptance or rejection of the Order within 14 (overseas orders 21) days of the date thereof, or if the Contractor starts to provide the Services or the Supplier supplies or commences the supply of the Goods or starts to provide the Services contained in the Order it shall be deemed to have accepted the Order. 1.6 In the event of any conflict between a Condition of these Conditions and the terms of an Order, the terms of the Order shall prevail to the extent required to resolve such conflict.

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. Where a reference to ‘Contractor 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. 1.2 Any Order placed by the Company Charity for the provision of Services or 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 Contractor or Supplier will form part of the Agreement. No conduct of the Company Charity shall constitute acceptance of any such other terms and conditions and the Contractor or Supplier waives any right which it otherwise might have had to rely on such terms and conditions. 1.2 Where a Supplier is providing Services only as part of an 1.3 Each Order and no actual Goods are included, it is hereby confirmed that by the subsequent Conditions, 2.3, 2.6, 2.7, 2.8, 2.9, 4.1, 7.1, 7.6.4, 8.3, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12 and 18.1.1 within these Terms and Conditions, that relate specifically and only to Charity for the provision of Services from the Contractor or the supply of Goods will be deemed null and void and not form part of this Agreement. 1.3 Each Order for Goods or provision of the Services by the Company from the Supplier shall be deemed to be an offer by the Company Charity to acquire the Services or purchase the Goods or acquire the Services subject to these Conditions in accordance with Condition 1.5. 1.4 Any variation to the Order or these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory of the Company Charity and any variation in price, quantity, delivery or other terms or conditions agreed orally shall be confirmed in writing by the Company Charity and the Contractor or Supplier within 7 days from the date of such agreement, otherwise such variation shall not be binding on either party. 1.5 The Contractor or Supplier shall accept the Order by expressly giving notice in writing of its acceptance. If the Contractor or Supplier has not notified the Company Charity of its acceptance or rejection of the Order within 14 (overseas orders 21) days of the date thereof, or if the Contractor starts to provide the Services or the Supplier supplies or commences the supply of the Goods or starts to provide the Services contained in the Order it shall be deemed to have accepted the Order. 1.6 In the event of any conflict between a Condition of these Conditions and the terms of an Order, the terms of the Order shall prevail to the extent required to resolve such conflict.