No Other Terms and Conditions. The Parties intend that this Agreement set forth all of the terms and conditions applicable to the sale of the HIV Product and accordingly agree that all provisions, terms and conditions of any purchase order, sales or order acknowledgment, invoice or other business form or document (a "Form"), unless an amendment to this Agreement in accordance with Section 13.5 hereof, shall be superseded hereby and therefore shall be disregarded and have no force and effect. If a Form purports to be conditioned in any manner on agreement to and/or acceptance of any provisions, terms and conditions other than those set forth herein, then such condition is hereby waived. In no event shall either Party be bound by any provisions, terms or conditions relating to the subject matter of this Agreement not set out herein.
No Other Terms and Conditions. The parties acknowledge and agree that any terms and conditions of any purchase order, sales acknowledgement or other document submitted to the other by either party which conflict with the terms and conditions of this Agreement shall be of no force or effect, and the terms and conditions hereof control and supersede such conflicting documents and any course of conduct or usage of the trade inconsistent with any of the terms and conditions hereof.
No Other Terms and Conditions. If a sales acknowledgment, invoice, Purchase Order, or other document submitted by either Party contains terms or conditions conflicting with or additional to the terms and conditions of this Agreement, the Parties hereby reject such terms and conditions, and the terms and conditions of this Agreement will prevail.
No Other Terms and Conditions. If a Purchase Order, sales acknowledgment, invoice, or other document submitted by either Party contains terms or conditions conflicting with the terms and conditions of this Agreement, the Parties hereby reject such terms and conditions, and the terms and conditions of this Agreement shall prevail unless otherwise expressly agreed to in writing by both Parties. A Party's failure to object to provisions contained in any such Purchase Order, sales acknowledgment, invoice, or other document shall not be construed as a waiver of the terms of this Agreement nor an acceptance of any such provisions.
No Other Terms and Conditions. Seller hereby objects to and rejects any and all additional or contrary terms and conditions in Buyer’s purchase order and in any other document issued by Buyer, none of which shall be part of any contract between Seller and Buyer or otherwise binding on Seller. Any acknowledgement by Seller of an order from Buy- er, or reference to any such order, or performance pursuant to any such order, shall not be deemed acceptance by Seller of any additional or contrary terms and conditions contained in any document issued by Buyer. Any oral agreements or understandings are expressly excluded.
No Other Terms and Conditions. If ILNumerics and the Customer are starting contacts of any kind in connection with the Software or have entered into a contract for sale or rental of the Software or any service, license or other agreement related to the Software (each hereinafter: Contract ), these Conditions shall apply except if and to the extent that the Contract provides otherwise.
No Other Terms and Conditions. After the execution of this Agreement, the Parties agree that the sole purpose of any such SOW, and/or other authorized written change in the SOW or any instrument furnished or utilized by Contractor in connection with the Services is limited to describing specific Services to be performed or materials to be provided (including the applicable rate/compensation for such Services or materials), and any other language or provision in any Contractor issued instrument or similar instrument, including, but not limited to, invoices, proposals, estimates and price sheets that purport to expand, limit, modify, waive or otherwise define the rights or duties of the Parties shall be void, and therefore will not be binding on Centerspace.
No Other Terms and Conditions. All sales of Products and Services to Purchaser by NYMAT are subject to, and made solely upon, the terms and conditions set forth in this Agreement, which will govern and control all sales of any Products or Services to Purchaser by NYMAT, unless otherwise specifically agreed upon to the contrary in a separate written instrument executed by NYMAT. Without limiting the generality of the foregoing, (a) no representations or statements of any kind made by any representative of NYMAT that are not set forth in this Agreement will be binding on NYMAT; (b) no course of dealing or usage of trade or course of performance will be relevant to explain or supplement any of the terms and conditions set forth in this Agreement; and (c) NYMAT, and the sale of Products by NYMAT, will not be bound by or subject to any attempted exclusions or modifications to, or any additional or different terms and conditions other than, the terms and conditions set forth in this Agreement, whether by way of any Purchaser purchase order, request for proposal, acceptance, confirmation, communication, course of performance, preprinted or other terms and conditions, contractual document, or otherwise (collectively, “Purchaser Purchase Documents”). Furthermore, any attempt by Purchaser to add to, exclude, or modify the terms and conditions set forth in this Agreement are hereby deemed to be material alterations to this Agreement for which notice of objection and rejection is hereby given to Purchaser by NYMAT and they will be of no effect. Neither the submission of this Agreement nor anything contained in this Agreement will be construed to be an acceptance or confirmation of any prior or subsequent Purchaser Purchase Documents and this Agreement will be deemed a rejection and counter-offer with respect to any such Purchaser Purchase Documents.
No Other Terms and Conditions. Service Provider and the Principal acknowledge and agree that any terms and conditions of any purchase order, sales acknowledgement, or other document submitted to the other by either party which conflict with the terms and conditions of this Agreement shall be of no force or effect, and the terms and conditions hereof control and supersede such conflicting documents and any course of conduct or usage of the trade inconsistent with any of the terms and conditions hereof.
No Other Terms and Conditions. The parties intend that this Agreement express all of the terms and conditions applicable to the sale of the CMI Product and accordingly agree that all provisions, terms and conditions of any purchase order, sales or order acknowledgement, invoice or other business form or document (a “Form"), unless an amendment to this Agreement in accordance with Section 14.4 hereof, shall be superseded hereby and therefore shall be disregarded and have no force and effect. If a Form purports to be conditioned in any manner on agreement to and/or acceptance of any provisions, terms and conditions other than those set forth herein, then such condition is hereby waived. In no event shall either party be bound by any provisions, terms or conditions relating to the subject matter of this Agreement not set out herein.
