Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. If Subcontractor fails to object in writing and deliver such objection to Contractor within five (5) business days of Contractor’s delivery of the site-specific Purchase Order to Subcontractor, then Subcontractor shall be deemed to have conclusively and unconditionally accepted such site-specific Subcontract Purchase Order. Following expiration of such five (5) day period, Subcontractor’s acceptance shall be deemed to have occurred even if Subcontractor has not signed or returned the executed Purchase Order to Contractor. Additionally, Subcontractor’s commencement of shipment, promise of shipment, or the furnishing of merchandise, materials, equipment, tools, services or work that is the subject matter of this Agreement (the "Merchandise,” “Services” or “Work”) shall constitute Subcontractor's agreement that it will deliver the Merchandise, Services or Work in accordance with the terms and conditions of this Agreement. Subcontractor agrees to follow the shipping and invoicing instructions issued by Contractor, which instructions are incorporated by reference into this Agreement. Shipment by Subcontractor of any part of the Merchandise or materials which are the subject of this Agreement, or performance of any of the Services or Work set forth in this Agreement, shall constitute an acceptance of this Agreement for all of the Merchandise, Services or Work ordered herein and acceptance of these terms, conditions, and instructions. The absence of a formal signature by Subcontractor in a site-specific purchase order shall not relieve Subcontractor to comply with all of the terms of this Agreement. Any request or demand for, or statement purporting to make Subcontractor's acceptance conditional on Contractor's assent to, additional or different terms shall be of no effect unless Contractor accepts the changes in writing and initials those changes. Contractor may revoke or modify this Agreement at any time prior to acceptance by Subcontractor. Contractor, in its sole discretion, reserves the right to correct any stenographic, arithmetic and clerical errors.

Order and Acceptance. If Subcontractor fails to object in writing and deliver such objection to Contractor within five (5) business days of Contractor’s delivery of the site-specific Purchase Order to Subcontractor, then Subcontractor shall be deemed to have conclusively and unconditionally accepted such site-specific Subcontract Purchase Order. Following expiration of such five (5) day period, Subcontractor’s acceptance shall be deemed to have occurred even if Subcontractor has not signed or returned the executed Purchase Order to Contractor. Additionally, Subcontractor’s Seller's commencement of shipment, or promise of shipment, shipment or the furnishing of merchandise, materials, equipment, tools, services or work that is the subject matter of this Agreement Buyer's Purchase Orders (the "Merchandise,” “Services” merchandise or “Workservices”) shall constitute SubcontractorSeller's agreement that it will deliver the Merchandise, Services merchandise or Work services in accordance with the terms and conditions of this AgreementBuyer's Purchase Orders. Subcontractor Xxxxxx agrees to follow the shipping and invoicing instructions issued by ContractorXxxxx, which instructions are incorporated by reference into this AgreementXxxxx's Purchase Orders. Shipment by Subcontractor Seller of any part of the Merchandise merchandise or materials which are the subject of this Agreement, or performance of any of the Services or Work set forth in this Agreement, services ordered herein shall constitute an acceptance of this Agreement order for all of the Merchandise, Services merchandise or Work services ordered herein and acceptance of these terms, conditions, and instructions. The absence of a formal signature by Subcontractor in a site-specific purchase order shall not relieve Subcontractor to comply with all of the terms of this Agreement. Any request or demand for, or statement purporting to make SubcontractorSeller's acceptance conditional on ContractorBuyer's assent to, to additional or different terms shall be of no effect unless Contractor Buyer accepts the changes in writing and initials those changesthe changes on the face hereof. Contractor Buyer may revoke or modify this Agreement Buyer's Purchase Orders at any time prior to acceptance by SubcontractorSeller. Contractor, in its sole discretion, reserves the right to correct any stenographicStenographic, arithmetic and clerical errorserrors are subject to correction. Execution of Xxxxx's Purchase Orders is contingent on Xxxxx’s receipt of a fully executed contract. Insurance certificate naming Great Lakes Construction Company (Buyer) as an additional insured and workers' compensation certificate must be received prior to the start of any work, if onsite work is required of the Seller. Depending on ownership and/or jurisdiction, the applicable ODOT CMS, State, Municipal, or Private project specific specifications plus supplemental specifications and any addendums, listed in the plans and proposal notes pertaining to this project apply to this order.

Order and Acceptance. If Subcontractor fails to object in writing and deliver such objection to Contractor within five (5) business days Subcontractor’s signature on the Subcontract, commencement of Contractor’s delivery Work, shipment or promise of shipment of any portion of the site-specific Purchase Order to Subcontractor, then Subcontractor shall be deemed to have conclusively and unconditionally accepted such site-specific Subcontract Purchase Order. Following expiration of such five (5) day period, Subcontractor’s acceptance shall be deemed to have occurred even if Subcontractor has not signed or returned the executed Purchase Order to Contractor. Additionally, Subcontractor’s commencement of shipment, promise of shipmentWork, or performance of any part of the furnishing of merchandiseWork, materialswhichever occurs first, equipment, tools, services or work that is the subject matter of this Agreement (the "Merchandise,” “Services” or “Work”) shall constitute Subcontractor's agreement that it will deliver the Merchandise, Services or Work in accordance with ’s unconditional acceptance of the terms and conditions of this Agreementthe Subcontract and Subcontractor’s representation that it has visited the Project site and become familiar with the local conditions under which the Work is to be performed. Subcontractor agrees to follow the shipping and invoicing instructions issued by Contractor, which instructions are incorporated by reference into this Agreementthe Subcontract. Shipment by Subcontractor of any part of Any provisions in Subcontractor’s invoices, proposal, billing statements, acknowledgment forms, or similar documents that are inconsistent with the Merchandise or materials which are the subject provisions of this Agreement, Subcontract shall be of no force or performance effect and are hereby deemed to be material alterations and notice of any objection to and rejection of the Services or Work set forth in this Agreement, shall constitute an acceptance of this Agreement for all of the Merchandise, Services or Work ordered herein and acceptance of these terms, conditions, and instructions. The absence of a formal signature by Subcontractor in a site-specific purchase order shall not relieve Subcontractor to comply with all of the terms of this Agreementsuch provisions is hereby given. Any request or demand for, or statement purporting to make Subcontractor's ’s acceptance conditional on Contractor's ’s assent to, additional or different terms shall be of no effect unless Contractor accepts the changes in writing and initials those changesthe changes on the face hereof. Contractor may revoke or modify this Agreement Subcontract at any time prior to acceptance by Subcontractor. Contractor, in its sole discretion, reserves the right to correct any Only stenographic, arithmetic arithmetic, and clerical errorserrors on the part of Contractor are subject to correction. NO MODIFICATIONS MAY BE MADE TO THIS SUBCONTRACT WITHOUT CONTRACTOR’S EXPRESS WRITTEN CONSENT.