Common use of Formation of an agreement Clause in Contracts

Formation of an agreement. 3.1 If an offer or quotation from the Contractor is followed by an Order of Brenntag, the Agreement will be deemed to have been formed upon dispatch of the Order by Brenntag. 3.2 If an Order is issued by Brenntag without being preceded by an offer or quotation from the Contractor, the Agreement will be deemed to have been formed either at the moment of the Order confirmation by the Contractor within five (5) Workdays of the Order, or as a result of the Contractor's commencement of performance of the Order in accordance with the conditions of the Order within such term. In such event the Agreement will be deemed to have been formed upon receipt of the Order confirmation, or copy thereof, or upon commencement of performance of the assignment. 3.3 If the Order is not confirmed or performance thereof is not commended within the said term, Brenntag may assume that the Contractor has accepted the Order tacitly. Even after confirmation of the Order by the Contractor, Brenntag reserves the right to withdraw the assignment within five (5) Workdays, without any liability arising on its part to pay damages to the Contractor. 3.4 The content of the Agreement cannot vary from what is stated by Xxxxxxxx in the Order, either preceded by a quotation issued by the Contractor or otherwise, unless Brenntag agrees In Writing to such varying contents.

Formation of an agreement. 3.1 If an offer or quotation from the Contractor is followed by an Order of Brenntag, the Agreement will be deemed to have been formed upon dispatch of the Order by Brenntag. 3.2 If an Order is issued by Brenntag without being preceded by an offer or quotation from the Contractor, the Agreement will be deemed to have been formed either at the moment of the Order confirmation by the Contractor within five (5) Workdays of the Order, or as a result of the Contractor's commencement of performance of the Order in accordance with the conditions of the Order within such term. In such event the Agreement will be deemed to have been formed upon receipt of the Order confirmation, or copy thereof, or upon commencement of performance of the assignment. 3.3 If the Order is not confirmed or performance thereof is not commended within the said term, Brenntag may assume that the Contractor has accepted the Order tacitly. Even after confirmation of the Order by the Contractor, Brenntag reserves the right to withdraw the assignment within five (5) Workdays, without any liability arising on its part to pay damages to the Contractor. 3.4 The content of the Agreement cannot vary from what is stated by Xxxxxxxx Brenntag in the Order, either preceded by a quotation issued by the Contractor or otherwise, unless Brenntag agrees In Writing to such varying contents.

Formation of an agreement. 3.1 If an offer or quotation from the Contractor is followed by an Order of Brenntag, the Agreement will be deemed to have been formed upon dispatch of the Order by Brenntag. 3.2 If an Order is issued by Brenntag without being preceded by an offer or quotation from the Contractor, the Agreement will be deemed to have been formed either at the moment of the Order confirmation by the Contractor within five (5) Workdays of the Order, or as a result of the Contractor's commencement of performance of the Order in accordance with the conditions of the Order within such term. In such event the Agreement will be deemed to have been formed upon receipt of the Order confirmation, or copy thereof, or upon commencement of performance of the assignment. 3.3 If the Order is not confirmed or performance thereof is not commended commenced within the said term, Brenntag may assume that the Contractor has accepted the Order tacitly. Even after confirmation of the Order by the Contractor, Brenntag reserves the right to withdraw the assignment within five (5) Workdays, without any liability arising on its part to pay damages to the Contractor. 3.4 The content of the Agreement cannot vary from what is stated by Xxxxxxxx in the Order, either preceded by a quotation issued by the Contractor or otherwise, unless Brenntag agrees In Writing to such varying contents.

Formation of an agreement. 3.1 If an offer or quotation from the Contractor is followed by an Order of Brenntag, the Agreement will be deemed to have been formed upon dispatch of the Order by Brenntag. 3.2 If an Order is issued by Brenntag without being preceded by an offer or quotation from the Contractor, the Agreement will be deemed to have been formed either at the moment of the Order confirmation by the Contractor within five (5) Workdays of the Order, or as a result of the Contractor's commencement of performance of the Order in accordance with the conditions of the Order within such term. In such event the Agreement will be deemed to have been formed upon receipt of the Order confirmation, or copy thereof, or upon commencement of performance of the assignment. 3.3 If the Order is not confirmed or performance thereof is not commended commende d within the said term, Brenntag may assume that the Contractor has accepted the Order tacitly. Even after confirmation of the Order by the Contractor, Brenntag reserves the right to withdraw the assignment within five (5) Workdays, without any liability arising on its part to pay damages to before explicit acceptance of the Contractor. 3.4 The content of the Agreement cannot vary from what is stated by Xxxxxxxx Brenntag in the Order, either preceded by a quotation issued by the Contractor or otherwise, unless Brenntag agrees In Writing to such varying contents.