Common use of Sale and Purchase of Goods Clause in Contracts

Sale and Purchase of Goods. 1.1 Placement of an order, either verbally or in writing, shall imply acceptance of the terms by the customer. Upon the acceptance of the customer’s order by the Supplier, the Supplier agrees to supply and the customer agrees to purchase the goods on the terms. 1.2 Where this sale relates to goods the subject of a written contract between the Supplier and the customer, the terms of that contract apply and prevail to the extent of any inconsistency with these terms. Otherwise, the Supplier and customer agree the terms contain the entire agreement and understanding of the customer and the Supplier in respect of the sale and purchase of the goods and supersede all prior discussions and replace in total any terms and conditions containedin or referred to in the customer’s order. These terms can only be amended, varied orwaivedin writing signed by the customer and an authorised officer of the Supplier. The only other terms and conditions which are incorporated in this agreement are those terms and conditions incorporated by law (including any consumer legislation) in an agreement of this nature and which cannot be excluded. Nothingin this agreement whetherexpress or implied, will betakentoexclude, restrict ormodify anysuch non-excludableconditions, warranties or rights. 1.3 The Supplier may vary these terms and conditions by notice in writing to the customer. The customer agrees that the purchase of any goods after the date of notice of variation will be deemed to be acceptance of such varied terms and conditions. 1.4 A quotation given by the Supplier shall not constitute an offer to sell goods to the customer. The Supplier reserves the right in its absolute discretion to accept or reject any offer made by the customer on the basis of any quotation or otherwise, without providing any reason. 1.5 The Supplier reserves the right to cancel any customer order wholly or partially and the Supplier shall not be responsible for any loss or damage thereby suffered by the customer. 1.6 The customer acknowledges that any request by the customer for a cancellation of an order for goods may be accepted or declined by the Supplier at the Supplier’s sole discretion for any reason whatsoever and without assigning the reasons therefore.