Common use of Order Acceptance Clause in Contracts

Order Acceptance. A. This Order is Xxxxx’s offer to Seller to purchase the Products and/or Services described in this offer. Any additional terms proposed in Seller’s acceptance of Xxxxx’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified on the Order, which add to, vary from, or conflict with the terms herein are hereby objected to by Buyer. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between the Parties and may hereafter be modified only by written instrument executed by the authorized representatives of both Parties. Any of the following shall constitute Seller’s unqualified acceptance of this Order and these terms and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Services under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance of the Order or at any time during the performance of this Order, Xxxxxx believes that any portion of this Order is inaccurate, inconsistent or incomplete, Seller shall promptly notify Buyer in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in question. In the event that the Seller fails to contact Xxxxx in a timely manner to resolve said discrepancies or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefrom.

Order Acceptance. A. This Order is Xxxxx’s offer to Seller to purchase the Products and/or Services described in this offer. Any additional terms proposed in Seller’s acceptance Acceptance of Xxxxx’s offer includingpurchase orders by Xxxxxx, but not and Xxxxxx’s performance thereunder, are expressly limited to, shrink-wrapped or click-through terms not specifically negotiated to and identified on the Order, which add to, vary from, or conflict with the terms herein are hereby objected to governed by Buyer. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions in the Order. Xxxxx rejects Xxxxxx’s terms or conditions in proposals, acknowledgements, or in otherwise acknowledging or accepting the Order. Acceptance of the contract between the Parties Goods and may hereafter be modified only by written instrument executed by the authorized representatives Services will not constitute acceptance of both PartiesSeller’s terms and conditions. Any of the following shall constitute Seller acts constitutes Order acceptance: signing a copy of the Order; delivery of, or beginning work on, any Goods or Services; informing Buyer in any manner of commencement of performance; or returning Seller’s unqualified acceptance own form of this acknowledgment. Seller represents and warrants Order price is based on its review of commercial and these terms technical requests for proposal submitted to Seller by Xxxxx, and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Order, which collectively are sufficient to establish the nature and complexity of Goods and Services under this Order; (c) acceptance absent engineering, data, and drawings or any other more detailed documentation or information that may become available at a later time. Seller expressly waives any claims or defenses that late or incomplete performance of any payment for Goods or Services, or increase in the Products/Services under this Order; Order price arises out of its misapprehension or (d) commencement of performance under this Order. B. Ifmistake regarding the scope, after acceptance nature or complexity of the Goods or Services. Notwithstanding anything that may be interpreted to the contrary herein, the Order price includes, at Seller’s cost and expense, all work force, software, space, tools, and any other resources or at any time during personnel, in order to complete the performance of this Goods and Services, and Seller obligations under the Order, Xxxxxx believes that any portion of this Order is inaccurate, inconsistent or incomplete, . Seller shall promptly notify Buyer not initiate a request, nor be eligible, for price increase, except for additional work and changes as provided for in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in question. In the event that the Seller fails to contact Xxxxx in a timely manner to resolve said discrepancies or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefromagreement.

Order Acceptance. A. a. This Purchase Order is Xxxxxmust be accepted in writing by Supplier (or “Vendor”) within ten (10) days of Supplier’s offer receipt hereof. b. If for any reason Supplier fails to Seller accept this Order in writing, the shipment by Supplier of any Goods (or lots thereof) ordered hereby, the furnishing or commencement of any Services called for hereunder (including preparation for manufacture), or the acceptance of any payment by Supplier hereunder, or any other conduct by Supplier that recognizes the existence of a contract pertaining to purchase the Products and/or Services described in subject matter hereof, may, at Buyer’s election, be treated as an unqualified acceptance by Supplier of this offerOrder and all terms and conditions hereof. c Any additional terms and conditions proposed in SellerSupplier’s acceptance or in any acknowledgment, invoice, or other form of Xxxxx’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified on the Order, which Supplier that add to, vary from, or conflict with the terms herein are hereby objected to by Buyerrejected. Any such proposed terms shall be void and the terms herein and conditions of this Order shall constitute the complete and exclusive statement of the terms and conditions of the contract between the Parties parties and shall apply to each shipment received by Buyer from Supplier hereunder, and such terms and conditions may hereafter be modified only by written instrument executed by the an authorized representatives representative of both Parties. Any Buyer’s Purchasing Department and an authorized representative of the following shall constitute Seller’s unqualified acceptance of this Order and these terms and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Services under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance of the Order or at any time during the performance of this Order, Xxxxxx believes that any portion of this Order is inaccurate, inconsistent or incomplete, Seller shall promptly notify Buyer in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in questionSupplier. In the event that any such proposed terms would, if accepted by Buyer, vary the Seller fails to contact Xxxxx liability or warranty, aspects of these terms then such proposed terms will be null and void unless the acceptance by Buyer is made in writing by a timely manner to resolve said discrepancies member of Buyer’s Owner or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefromPresident.

Order Acceptance. A. This Order is Xxxxx’s offer to Seller to purchase the Products and/or Services described in this offer. Any additional terms proposed in Seller’s acceptance of Xxxxx’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified on the Order, which add to, vary from, or conflict with the terms herein are hereby objected to All Purchase Orders submitted by Buyer. Any such proposed terms Owner ---------------- shall be void deemed to incorporate and the terms herein shall constitute the complete and exclusive statement of be subject to the terms and conditions of this Contract unless otherwise agreed in writing. All Purchase Orders, including electronic orders, shall contain the contract between information necessary for Vendor to fulfill the Parties order. All schedules and may hereafter requested dates are subject to Vendor's concurrence, provided that if orders are made within the agreed to lead times specified in Exhibit L, Vendor shall not withhold its concurrence to the requested dates. No provision or data on any Purchase Order or contained in any documents attached to or referenced in any Purchase Order, or any subordinate document (such as shipping releases), which is inconsistent with the terms of this Contract shall be modified only binding, except data necessary for Vendor to fill the order. All such other data and provisions are hereby rejected. Electronic orders shall be binding on Owner notwithstanding the absence of a signature, provided that the parties have implemented a mutually acceptable electronic order process and such orders deemed to be binding have been issued by written instrument executed Owner and accepted by Vendor in accordance with the process agreed upon by the authorized representatives of both Partiesparties. Any of the following shall constitute Seller’s unqualified Order acceptance of this Order provisions, together with delivery schedules and these terms intervals and conditions: (a) forecast requirements are set forth in Exhibit L. While it is Vendor's objective to provide Owner with an acknowledgment of this Order; (b) furnishing each order received, Owner shall advise Vendor to the extent that Owner becomes aware of any part of missing or late notifications to ensure that the Products and/or Services order has not been lost. Changes made by Owner to an accepted Purchase Order shall be treated as a separate order unless the parties expressly agree otherwise. If any such change affects Vendor's ability to meet its obligations under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance of the Order or at any time during the performance of this original Purchase Order, Xxxxxx believes that any portion of this Order price, shipment date, or completion date quoted by Vendor with respect to such original order is inaccurate, inconsistent or incomplete, Seller shall promptly notify Buyer in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in question. In the event that the Seller fails subject to contact Xxxxx in a timely manner to resolve said discrepancies or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord change and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefromaddressed pursuant to the Change Order provisions below in Section 11.