Common use of In these Terms and Conditions Clause in Contracts

In these Terms and Conditions. The Buyer means the person, firm, company or other organization who or which has ordered Products and/or Services from GEHC; GEHC means the GE Healthcare group company referred to in the final written offer, quotation or order acknowledgement or, if none, the GE Healthcare company making the supply; The Contract means the contract for the sale and purchase of Products and/or Services between GEHC and the Buyer as may be further evidenced by GEHC’s final written offer, quotation or order acknowledgement and no prior proposals, statements, representations or conditions will be binding on either party; The Equipment means all electronic equipment, hardware and other electronic or mechanical items agreed to be supplied by GEHC, excluding any consumables and spare parts sold separately; The Goods means all items agreed to be supplied by GEHC other than the Equipment and Software; The Products means any Goods, Equipment or Software agreed to be supplied by GEHC; and The Services means all advice given and services performed by GEHC; and The Software means any firmware, software or data compilations (i) identified in the Contract or (ii) provided to Buyer by GEHC in connection with installation or operation of the Equipment. For the avoidance of doubt, Software shall not include any "open source" firmware, software or data compilations, as any such "open source" firmware, software or data compilations will be subject to the terms and conditions set out in the relevant "open source" license.