Formation of a Contract. 4.3.1. We are in no way obligated to accept a Request from you or an Authorised Trader. In particular, we can refuse to act on any Request that we believe or suspect: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Contract is being used for an illegal purpose. Specifically, we reserve the right to refuse to execute or delay executing a Payment if we are not completely satisfied that the Request for a Payment is from you.
4.3.2. We are entitled (but no obliged) to act upon Requests which are or reasonably appear to be from you or an Authorised Trader. In particular, a Request received from an e-mail address or telephone number registered with us as belonging to you or an Authorised Trader and/or generally used by you and/or an Authorised Trader to communicate with us shall be sufficient to authenticate a Request as being from you, and we shall be entitled to act upon Requests and instructions received from communication channels provided to us by you.
4.3.3. If we accept your Request, you cannot cancel, rescind or amend it without our express consent and (subject to Manifest Error) the Contract will be binding between us and you on and subject to the terms of this framework agreement. We will, when making a determination as to whether a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, Contract or transaction in reliance on a Request placed with us (or that you have suffered or may suffer any loss) will not be taken into consideration by us in determining whether there has been a Manifest Error.
Formation of a Contract. Subject to clause 4.8, a separate Contract will be formed between an Agency or Approved Third Party Provider on the Contract Start Date.
Formation of a Contract. Without limiting Section 9(e) of this Agreement, a binding Transaction may be entered into by:
(a) an authorised signatory of each party signing a confirmation in one of the forms annexed to this Schedule, or in such other form as is agreed between the parties ("Form of Confirmation"); or
(b) an authorised signatory of each party agreeing all of the terms of the Transaction over the telephone or in person (at which time the Transaction will be binding), provided always that the parties shall then, as soon as practicable, execute a Form of Confirmation to evidence the Transaction, and provided always that a Transaction will not automatically be held or considered to be non-binding by reason of the fact that the provisions of this clause have not been complied with.
Formation of a Contract. 2.1. Quotations (whether in writing or by email, facsimile or telephone), catalogues, or price lists issued by Kincrome shall not constitute an offer to sell specified Goods at a specified price, but rather will constitute an invitation to the Purchaser to make an offer to purchase the specified Goods at the quoted price by placing an Order. A contract for the supply of Goods by Xxxxxxxx to the Purchaser is formed when Xxxxxxxx accepts the Order by delivering or providing all or some of the Goods ordered or by sending a written acceptance of the Order to the Purchaser. Kincrome reserves the right to refuse any Order.
2.2. These Terms apply to and form part of any contract for the supply of the Goods by Kincrome to the Purchaser. The Order is only accepted upon and subject to these Terms.
2.3. Any qualification, addition, variation or provision which conflicts with these Terms which appears in the Order shall not form part of the contract between Kincrome and the Purchaser unless such change appears on the face of the Order duly accepted by an authorised person of Kincrome or is otherwise confirmed by Xxxxxxxx in writing.
Formation of a Contract. An Order is an offer by ESL to purchase the Goods and/or Services subject to these Conditions. Acceptance of an Order by the Supplier constitutes unconditional acceptance of these Conditions.
Formation of a Contract.
5.1 The Minister through an Authorised Officer may issue a Purchase Order to the Provider for the provision of Services from time to time. For the avoidance of doubt, a Principal or a nominated DECD officer will be deemed to be the Authorised Officer for the purpose of signing a Purchase Order.
5.2 Where the Provider agrees to provide the Services requested, the Provider must sign the Purchase Order and return it to the Authorised Officer at which time a contract between the Minister and the Service Provider for the provision of the Services sought is formed.
5.3 The terms and conditions of a Purchase Order between the Minister and the Provider will be:
5.3.1 the relevant terms and conditions of this Deed; and
5.3.2 the terms and conditions in a Purchase Order.
5.4 Unless the Minister otherwise agrees, the Provider must comply with the invoicing and payment procedures set out in Schedule 3.
5.5 If there is any inconsistency between the terms and conditions contained in:
5.5.1 this Deed; and
5.5.2 a Purchase Order, this Deed prevails.
5.6 Notwithstanding any other provision of this Deed:
5.6.1 the termination of a Purchase Order will not operate to terminate this Deed; and
5.6.2 the termination of this Deed will not terminate any Purchase Order entered into by the Minister and the Provider unless the notice of
5.7 No contract is concluded or exists between the Minister and the Provider in relation to the engagement for the provision of Services unless and until a Purchase Order is completed and signed by the Provider and returned to the Authorised Officer.
5.8 Where a contract is formed between the Minister and the Provider for the provision of Services to the Minister, the Provider must perform those Services in accordance with this Deed, the Purchase Order and the Services Specification.
5.9 Any term in any Purchase Order which purports to exclude or limit the liability of the Provider in any way will be void and unenforceable.
Formation of a Contract. 6.1 If ESPO or any Customer decides to source the Goods and/or Services through this Framework then each Customer shall be entitled at any time, during the Term to enter into a Contract with the Supplier for the supply of the Goods and/or Services in accordance with Framework Schedule 4 (Ordering Procedure).
6.2 In the event that any Customer makes an approach to the Supplier with a request for the supply of goods and/or services which are the same as or similar to the Goods and/or Services (“Equivalent Goods and/or Services”), the Supplier shall promptly and in any event within five (5) Working Days of the request by the Customer, and before any supply of Equivalent Goods and/or Services is made, inform such Customer of the existence of this Framework and its ability to place Contracts for the Goods and/or Services pursuant to it.
Formation of a Contract. This Agreement shall not constitute formation of a CONTRACT AGREEMENT. The Parties agree if the obligations of the [CONTRACTOR] under this Agreement have been fulfilled, parties shall enter into a CONTRACT AGREEMENT for the implementation of the Project.
Formation of a Contract. Your clicking ‘buy’ or ‘sell’ on the Trading Platform will send a message to us indicating that you wish to trade on the financial product indicated. This message will constitute an offer by you to buy or sell at the price and trade size chosen. If we accept the trade we will send you a Confirmation on the Trading Platform to this effect. Your trade will not have been placed and no Contract will come into existence until a Confirmation is generated on the Trading Platform. You must wait for the Confirmation to appear after clicking ‘buy’ or ‘sell’ and should you not receive the Confirmation within two (2) minutes you must notify us immediately. If you do not receive a Confirmation and you do not notify us as required, you will be deemed to have agreed only to the transactions recorded by us. Similarly, if you dispute the contents of any Confirmation sent by us to you, you must notify us immediately upon receipt by email or telephone; if you do not, the transactions recorded by us will be deemed to have been agreed by you.
Formation of a Contract. Cuisine Creative submits a proposal to its client. The final, detailed quotation is based on this proposal. After having assessed the quotation, during which any requested changes and amendments can be made, a confirmation of order is sent to the client. The confirmation of order is a binding contract upon the client’s signing of the document.
