Common use of Offer and conclusion of contract Clause in Contracts

Offer and conclusion of contract. 1. All offers made by the seller are non-binding and subject to change unless they are expressly designated as binding or contain a specific term of acceptance. Orders or commissions may be accepted by the seller within fourteen days of receipt. 2. The legal relationship between seller and client is governed exclusively by the agreement concluded by the two parties, including these general terms and conditions of sale and delivery. 3. Supply contracts (order and acceptance) and call-offs, as well as additions and amendments to written agreements and these general terms and conditions of sale and delivery, must be in writing in order to be effective. Transmission by fax is sufficient to satisfy the requirement of the written form. Transmission by email is sufficient if an ongoing business relationship already exists between the parties and there no doubt about the origin of each individual email. To enable call-offs by remote data transmission, a prior written agreement between the parties is required. 4. Specifications provided by the seller with regard to the object of a delivery or service (e.g. weights, dimensions, practical values, capacity, tolerances and technical data) and our representations of these specifications (e.g. drawings and illustrations) are only approximate, unless their usability for the contractually agreed purpose requires an exact specification. They provide no guarantee of quality characteristics, and instead represent descriptions or characterisations of the goods or services. Provided they do not affect usability for the contractually agreed purpose, commercial deviations and deviations that result from legal requirements or that represent technical improvements, as well as the replacement of components by equivalent parts, are permitted. 5. The seller reserves ownership or copyright with regard to all offers and cost estimates submitted by him, as well as drawings, illustrations, calculations, brochures, catalogues, models, tools, and other documents and additional resources made available to the client. Without the express consent of the seller, the client may not make these materials available to third parties, either as such or in terms of their content, may not disclose them, and may not use or reproduce them internally or through third parties. At the request of the seller, the client must return these materials in full and destroy any copies that may have been made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

Appears in 4 contracts

Samples: General Terms and Conditions of Sale and Delivery, General Terms and Conditions of Sale and Delivery, General Terms and Conditions of Sale and Delivery

AutoNDA by SimpleDocs

Offer and conclusion of contract. 1. All offers made by the seller are non-binding and subject to change unless they are expressly designated as binding or contain a specific term of acceptance. Orders or commissions may be accepted by the seller within fourteen days of receipt. 2. The legal relationship between seller and client is governed exclusively by the agreement concluded by the two parties, including these general terms and conditions of sale and delivery. 3. Supply contracts (order and acceptance) and call-offs, as well as additions and amendments to written agreements and these general terms and conditions of sale and delivery, must be in writing in order to be effective. Transmission by fax is sufficient to satisfy the requirement of the written form. Transmission by email is sufficient if an ongoing business relationship already exists between the parties and there no doubt about the origin of each individual email. To enable call-offs by remote data transmission, a prior written agreement between the parties is required. 4. Specifications provided by the seller with regard to the object of a delivery or service (e.g. weights, dimensions, practical values, capacity, tolerances and technical data) and our representations of these specifications (e.g. drawings and illustrations) are only approximate, unless their usability for the contractually agreed purpose requires an exact specification. They provide no guarantee of quality characteristics, and instead represent descriptions or characterisations characterizations of the goods or services. Provided they do not affect usability for the contractually agreed purpose, commercial deviations and deviations that result from legal requirements or that represent technical improvements, as well as the replacement of components by equivalent parts, are permitted. 5. The seller reserves ownership or copyright with regard to all offers and cost estimates submitted by him, as well as drawings, illustrations, calculations, brochures, catalogues, models, tools, and other documents and additional resources made available to the client. Without the express consent of the seller, the client may not make these materials available to third parties, either as such or in terms of their content, may not disclose them, and may not use or reproduce them internally or through third parties. At the request of the seller, the client must return these materials in full and destroy any copies that may have been made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

Appears in 1 contract

Samples: General Terms and Conditions of Sale and Delivery

AutoNDA by SimpleDocs

Offer and conclusion of contract. 1. All offers made by the seller are non-binding and subject to change unless they are expressly designated as binding or contain a specific term of acceptance. Orders or commissions may be accepted by the seller within fourteen days of receipt. 2. The legal relationship between seller and client is governed exclusively by the agreement concluded by the two parties, including these general terms and conditions of sale and delivery. 3. Supply contracts cs (order and acceptance) and call-offs, as well as additions and amendments to written agreements and these general terms and conditions of sale and delivery, must be in writing in order to be effective. Transmission by fax is sufficient to satisfy the requirement of the written form. Transmission by email is sufficient if an ongoing business relationship already exists between the parties and there is no doubt about the origin of each individual email. To enable call-offs by remote data transmission, a prior written agreement between the parties is required. 4. Specifications provided by the seller with regard to the object of a delivery or service (e.g. weights, dimensions, practical values, capacity, tolerances and technical data) and our representations of these specifications (e.g. drawings and illustrations) are only approximate, approximate unless their usability for the contractually agreed purpose requires an exact specification. They provide no guarantee of quality characteristics, characteristics and instead represent descriptions or characterisations of the goods or services. Provided they do not affect usability for the contractually agreed purpose, commercial deviations and deviations that result from legal requirements or that represent technical improvements, as well as the replacement of components by equivalent parts, are permitted. 5. The seller reserves ownership or and/or copyright with regard to all offers and cost estimates submitted by him, as well as drawings, illustrations, calculations, brochures, catalogues, models, tools, and other documents and additional resources made available to the client. Without the express consent of the seller, the client may not make these materials available to third parties, either as such or in terms of their content, may not disclose them, and may not use or reproduce them internally or through third parties. At the request of the seller, the client must return these materials in full and destroy any copies that may have been made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

Appears in 1 contract

Samples: General Terms and Conditions of Sale and Delivery

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!