Common use of Formation of the contract Clause in Contracts

Formation of the contract. 1.2.1. Any Order placement by the Buyer constitutes full and unconditional acceptance of the present General Terms and Conditions. The present General Terms and Conditions might be waived by the Parties only in writings, and even in that case the present General Terms and Conditions shall continue to apply for the parts which have not been waived. 1.2.2. Any Buyer’s general conditions shall not apply, not even partially, if not expressly accepted by the Seller. The same rule shall apply in relation to any annex to the present General Terms and Conditions or to the Orders placed by the Buyer which contain provisions (a) concerning guarantees, performances and applications of the Product and/or (b) Seller’s liabilities terms different from the ones contained hereto and/or (c) in any case represent a modification of the Seller’s rights contained hereto, in relation to such provisions. 1.2.3. The beginning of the execution of the agreement by the Seller, in absence of any specific written acceptance of contractual conditions proposed by the Buyer, different from the ones contained in the Seller’s proposal, does not imply their acceptance. In case the execution of the agreement takes place before the subscription of the present General Terms and Conditions, such General Terms and Conditions shall immediately apply if published on the Seller’s website or if anyway communicated in writings to the Buyer and not challenged by the Buyer itself or in absence of a request for modification before the placement of the first Order.