Forming a Contract Clause Samples
Forming a Contract. 11.3.1 A separate Contract will be formed between the Service Provider and an Agency when an Agency issues an Order to the Service Provider and the Order is signed by both parties.
11.3.2 An Agency may issue an Order to the Service Provider in the format provided in Schedule 6 (Order Template), or similar format, at any time during the Head Agreement Period.
Forming a Contract. 5.1 The legal documentation. The legal arrangements for the provision of Services are set out in the following two documents:
(a) a separate formal written niche agreement between you, as Niche Owner, and us, Mid-England ▇▇▇▇▇▇ Ltd, under which you will be granted the right to use and access a Niche for a defined period and
(b) these terms and conditions, including the Site Rules, which appear in the Schedule at the end of these terms.
Forming a Contract. 8.1 In this clause 8 a "detail" means an item of information necessary to be stated in the Official Order under a provision of the Standard Contract Terms in order to give substance and meaning to the provision in question.
8.2 When a Customer wishes to acquire a Service, «Short_Name» shall, subject to this Head Agreement, only provide that Service to the Customer on the basis of this Head Agreement, the Standard Contract Terms and the Official Order.
8.3 Every detail necessary to complete an Official Order must be agreed between the Customer and «Short_Name» before the Official Order is placed. If the details are unable to be agreed, then «Short_Name» must not accept the Official Order.
8.4 When an Official Order is accepted by «Short_Name», a Contract is formed between the Customer and «Short_Name» for the Service to which the Official Order relates.
8.5 The Contract comes into force on the date upon which «Short_Name» accepts the completed Official Order unless the Official Order states that the Contract commences from some other time. «Short_Name» agrees to supply the Service in accordance with this Head Agreement and the Contract.
8.6 The Commonwealth acknowledges and agrees that «Short_Name» may conduct such negotiations with a Customer as «Short_Name» and the Customer see fit, provided however, that such negotiations shall, to the extent they relate to Services, not be inconsistent with the processes set out in this Head Agreement. Such discussions may, however, without limitation, relate to services not expressly referred to in this Head Agreement.
8.7 Notwithstanding clause 8.6, Finance has the right to review:
(a) any Contract prior to it being formed under clause 8.4; and
(b) any variation to any Contract prior to «Short_Name» and the Customer agreeing such variation in writing.
Forming a Contract. 14.3.1. The Buyer will evaluate Quotes and select a preferred seller (if any). The Buyer will then issue an Order based on the RFQ and Quote subject to agreeing the Part D – Contract Details or Purchase Order Contract terms.
14.3.2. When a Buyer issues an Order, it will form a Contract between the Seller and the Buyer for the provision of Products and Services. The parties will execute the Contract.
14.3.3. The Seller must only accept Orders using the Online Portal unless otherwise permitted by DTA in writing.
Forming a Contract. 11.3.1 A separate Contract will be formed between the Legal Services Provider and an Agency when an Agency issues an Order to the Legal Services Provider (Ordered Services) unless the Order is rejected in accordance with clause 11.3.4.
11.3.2 An Agency may issue an Order to the Legal Services Provider in the format provided in Schedule 6 (Order Template), or similar format provided by the Agency, at any time during the Head Agreement Period.
11.3.3 An Agency’s Order may include a Bundling Arrangement.
11.3.4 The Legal Services Provider may promptly reject an Order for the following reasons:
(a) where the Legal Services Provider would have a Conflict of Interest; or
(b) where the Legal Services Provider would have insufficiently skilled Personnel to perform the Legal Services required by the Agency; or
(c) where the Legal Services Provider is unable to perform the Legal Services within the timeframes required by the Agency; or
(d) subject to clause 11.4, where the Order is not substantially in accordance with the RFQ or the terms of the Head Agreement.
Forming a Contract. 4.1 The legal documentation. The legal arrangements for the provision of Services are set out in the following two documents:
(a) a separate formal written agreement between you, as Niche Owner, and us, the Site Owner, under which you will be granted the right to use and access a Niche or Niches for a defined period (this is called a Niche Agreement); and
(b) the terms and conditions set out in these terms, including the Site Rules, which appear in the Schedule at the end of these terms.
4.2 How you make a contract. If you wish to use the Services you will be required to sign a Niche Agreement and pay the required charges (called Charges) by cheque, credit or debit card.
4.3 When you have signed the Niche Agreement and returned it to us you accept that a contract will come into existence once each Site Owner has also signed the Niche Agreement. The Services will be provided subject to both the Niche Agreement and to these terms.
