Common use of Formation of the contract Clause in Contracts

Formation of the contract. No order in pursuance of a quotation or otherwise shall be binding on the Company unless and until such order is accepted by the Company. The Contract will be subject to these Conditions. Except as provided in clause 2.3 no representative or agent of the Company has authority to agree any term or make any representation which is inconsistent with these Conditions or t enter into any contract except on the basis of them. Any term or representation inconsistent with these Conditions will only bind the Company if it is in writing and signed by one of its directors. The words “unless otherwise agreed in writing by the Company” in these Conditions means unless otherwise agreed in writing and signed by a director of the Company. Unless otherwise agreed in writing by the Company these Conditions will override any terms or conditions stipulated or referred to by the Customer in his order or pre-contract negotiations. Any illustrations, temperatures, capacities, descriptions or specification contained in the Company’s catalogues, samples, price lists or other advertising material is intended merely to present a general picture of the Services and will not form a representation or be part of the Contract unless otherwise agreed by the Company in writing. Where the Company has not acknowledged the Customer’s order in writing, these conditions will apply to the Contract provided the Customer has had prior notice of them. The Company reserves the right to correct any clerical or typographical errors made by its employees at any time. Unless otherwise agreed in writing by the Company, the Customer will deliver the Customer’s Goods to such place as the Company may specify for the Services to be carried out and the Customer shall be solely responsible for the costs and risks thereof. The Company may, at its option, check the Customer’s goods for quantity prior to the Services being carried out and any discrepancy which the Company may discover between the quantity claimed by the Customer and the quantity as established by the Company will be notified to the Customer. The quantity so ascertained by the Company will be final and binding unless the contrary is established by the Customer to the reasonable satisfaction of the Company.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Formation of the contract. 2.1 No order in pursuance of a quotation or otherwise shall be binding on the Company unless and until such order is accepted by the Company. . 2.2 The Contract will be subject to these Conditions. Except as provided in clause 2.3 no representative or agent of the Company has authority to agree any term or make any representation which is inconsistent with these Conditions or t to enter into any contract except on the basis of them. . 2.3 Any term or representation inconsistent with these Conditions will only bind the Company if it is in writing and signed by one of its directors. The words “unless otherwise agreed in writing by the Company” in these Conditions means unless otherwise agreed in writing and signed by a director of the Company. . 2.4 Unless otherwise agreed in writing by the Company these Conditions will override any terms or conditions stipulated or referred to by the Customer in his order or pre-contract negotiations. The applicability of Supplier’s general terms and conditions, if any, is herewith explicitly rejected. 2.5 Any illustrations, temperatures, capacities, descriptions descriptions, or specification contained in the Company’s catalogues, samples, price lists or other advertising material is intended merely to present a general picture of the Services and will not form a representation or be part of the Contract unless otherwise agreed by the Company in writing. . 2.6 Where the Company has not acknowledged the Customer’s order in writing, these conditions will apply to the Contract provided the Customer has had prior notice of them. . 2.7 The Company reserves the right to correct any clerical or typographical errors made by its employees at any time. . 2.8 Unless otherwise agreed in writing by the Company, the Customer will deliver the Customer’s Goods to such place as the Company may specify for the Services to be carried out and the Customer shall be solely responsible for the costs and risks thereof. . 2.9 The Company may, at its option, check the Customer’s goods for quantity prior to the Services being carried out and any discrepancy which the Company may discover between the quantity claimed by the Customer and the quantity as established by the Company will be notified to the Customer. The quantity so ascertained by the Company will be final and binding unless the contrary is established by the Customer to the reasonable satisfaction of the Company. 2.10 The Company reserves the right to subcontract the Services without reference to the Customer.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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Formation of the contract. 2.1 No order in pursuance of a quotation or otherwise shall be binding on the Company unless and until such order is accepted by the Company. . 2.2 The Contract will be subject to these Conditions. Except as provided in clause 2.3 no representative or agent of the Company has authority to agree any term or make any representation which is inconsistent with these Conditions or t enter into any contract except on the basis of them. . 2.3 Any term or representation inconsistent with these Conditions will only bind the Company if it is in writing and signed by one of its directors. The words “unless otherwise agreed in writing by the Company” in these Conditions means unless otherwise agreed in writing and signed by a director of the Company. . 2.4 Unless otherwise agreed in writing by the Company these Conditions will override any terms or conditions stipulated or referred to by the Customer in his order or pre-contract negotiations. . 2.5 Any illustrations, temperatures, capacities, descriptions or specification contained in the Company’s catalogues, samples, price lists or other advertising material is intended merely to present a general picture of the Services and will not form a representation or be part of the Contract unless otherwise agreed by the Company in writing. . 2.6 Where the Company has not acknowledged the Customer’s order in writing, these conditions will apply to the Contract provided the Customer has had prior notice of them. . 2.7 The Company reserves the right to correct any clerical or typographical errors made by its employees at any time. . 2.8 Unless otherwise agreed in writing by the Company, the Customer will deliver the Customer’s Goods to such place as the Company may specify for the Services to be carried out and the Customer shall be solely responsible for the costs and risks thereof. . 2.9 The Company may, at its option, check the Customer’s goods for quantity prior to the Services being carried out and any discrepancy which the Company may discover between the quantity claimed by the Customer and the quantity as established by the Company will be notified to the Customer. The quantity so ascertained by the Company will be final and binding unless the contrary is established by the Customer to the reasonable satisfaction of the Company. 2.10 The Company reserves the right to subcontract the Services without reference to the Customer

Appears in 1 contract

Samples: Service Agreement

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