Common use of Formation of Agreement Clause in Contracts

Formation of Agreement. 2.1 These Terms of Trade and your acceptance of a quotation from Northpower, including and incorporating the Key Terms and Acceptance Form (Offer) form a binding legal agreement between you and Northpower and constitute an order for Northpower to supply Materials and/or services on the terms set out in our Offer (the Agreement). 2.2 You will be deemed to have accepted our Offer and these Terms of Trade upon the earlier of: a) countersigning the Offer documentation or these Terms of Trade where indicated and returning the signed documentation to us; or b) communication of your acceptance, (whether orally, in writing, by purchase order, by email or other action consistent with acceptance, subject always to clause 2.4 below) and provision of credit arrangements satisfactory to us. 2.3 Unless otherwise stated by us, an Offer remains open for acceptance for 30 days after the date of issue (or, if undated, the date of receipt by you), after which time Northpower will not be bound by any quoted price(s). If, within 60 days of your acceptance of our Offer pursuant to clause 2.2 (and the formation of an Agreement between you and Northpower): a) we remain unable to commence the provision of the agreed Materials and/or services for whatever reason; b) you are unable to provide us with necessary access to any relevant sites and/or materials; or c) the relevant licences, permits or consents have not been granted; then we may, at our sole discretion, elect either to terminate this Agreement or to treat the situation as a Variation, which shall be agreed by the parties in accordance with clause 3.3. 2.4 This Agreement supersedes all previous communications in relation to the relevant Materials and/or services (whether written or oral), including without limitation any inconsistent terms (a) purported to be included in your acceptance pursuant to clause 2.2 above; (b) in any order from you (including without limitation in any purchase order); and (c) that might be implied by law, trade custom, practice or course of dealing.

Formation of Agreement. 2.1 These Terms of Trade and Conditions and your acceptance of a quotation from NorthpowerSPS, including and incorporating the Key Terms and Acceptance Form (Offer) form a binding legal agreement between you and Northpower SPS and constitute an order for Northpower SPS to supply Materials and/or services on the terms set out in our Offer (the Agreement). 2.2 You will be deemed to have accepted our Offer and these Terms of Trade Conditions upon the earlier of: a) countersigning the Offer documentation or these Terms of Trade and Conditions where indicated and returning the signed documentation to us; or b) communication of your acceptance, (whether orally, in writing, by purchase order, by email or other action consistent with acceptance, subject always to clause 2.4 below) and provision of credit arrangements satisfactory to us. 2.3 Unless otherwise stated by us, an Offer remains open for acceptance for 30 days after the date of issue (or, if undated, the date of receipt by you), after which time Northpower SPS will not be bound by any quoted price(s). If, within 60 days of your acceptance of our Offer pursuant to clause 2.2 (and the formation of an Agreement between you and NorthpowerSPS): a) we remain unable to commence the provision of the agreed Materials and/or services for whatever reason; b) you are unable to provide us with necessary access to any relevant sites and/or materials; or c) the relevant licences, permits or consents have not been granted; then we may, at our sole discretion, elect either to terminate this Agreement or to treat the situation as a Variation, which shall be agreed by the parties in accordance with clause 3.3. 2.4 This Agreement supersedes all previous communications in relation to the relevant Materials and/or services (whether written or oral), including without limitation any inconsistent terms (a) purported to be included in your acceptance pursuant to clause 2.2 above; (b) in any order from you (including without limitation in any purchase order); and (c) that might be implied by law, trade custom, practice or course of dealing. 2.5 Any Variation, Waiver or Cancellation of an order made by the Customer is of no effect unless accepted in writing by SPS. If we accept the cancellation then a handling charge of up to 10% may be charged.

Formation of Agreement. 2.1 These Terms of Trade and your acceptance of a quotation Quotation from NorthpowerTop Energy including any specific Construction Terms, including and incorporating the Key these Terms and Acceptance Form (Offer) of Trade form a binding legal agreement (the Agreement) between you and Northpower Top Energy and constitute an order for Northpower Top Energy to supply Materials and/or services on the terms set out in our Offer (the Agreement)services. 2.2 Should there be any conflict between these Terms of Trade, the Quotation and the Construction Terms then the Quotation takes precedence over the Terms of Trade followed by the Construction Terms. 2.3 You will be deemed to have accepted our Offer Quotation and these Terms of Trade upon the earlier of: a) countersigning the Offer documentation Quotation or these Terms of Trade where indicated and returning the signed documentation documents to us; or b) communication of your acceptance, (whether orally, in writing, by purchase order, by email or other action consistent with acceptance, subject always to clause 2.4 below) and provision of credit arrangements satisfactory to us. 2.3 2.4 Should there be no reply to our offer within 90 days of the offer being issued the job file will be closed and a new application will be required. 2.5 Unless otherwise stated by us, an Offer the Quotation remains open for acceptance for 30 days after the date of issue (or, if undated, the date of receipt by you), after which time Northpower Top Energy will not be bound by any quoted price(s). If, within 60 days of your acceptance of our Offer Quotation pursuant to clause 2.2 (and the formation of an Agreement between you and NorthpowerTop Energy): a) we remain unable to commence the provision of the agreed Materials and/or services for whatever reason; b) you are unable to provide us with necessary access to any relevant sites and/or materials; or c) the relevant licences, permits or consents have not been granted; then we may, at our sole discretion, elect either to terminate this Agreement or to treat the situation as a Variation, which shall be agreed by the parties in accordance with clause 3.3. 2.4 2.6 This Agreement supersedes all previous communications in relation to the relevant Materials and/or services (whether written or oral), including without limitation any inconsistent terms (a) purported to be included in your acceptance pursuant to clause 2.2 2.3 above; (b) in any order from you (including without limitation in any purchase order); and (c) that might be implied by law, trade custom, practice or course of dealing.