Common use of Scope and Applicability Clause in Contracts

Scope and Applicability. 2.1. The Agreement governs the legal, commercial, and technical modalities for the supply of Contract Products to Purchaser on the basis of an Order. In case a provision of the Agreement is primarily aimed at hardware, such provision is nevertheless applicable to software or services accordingly. 2.2. The Agreement applies to all B&R offers made by and all Orders submitted to B&R and will become content of each Order. 2.3. B&R rejects the applicability of any terms and conditions of Purchaser. 2.4. Any deviations from and/or amendments to the Agreement and/or an Order only apply if and insofar as they have been accepted by B&R in writing. 2.5. The following descending order of precedence shall apply: (i) the Agreement; (ii) any written supplements to or deviations from the Agreement or from or to any Order agreed to by B&R; (iii) Order Confirmation. 2.6. B&R does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Contract Products is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of B&R’s offer date. In the event of any subsequent revisions or changes thereto, B&R assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Clause 25. Nothing contained herein shall be construed as imposing responsibility or liability upon B&R for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection, or operation of the Contract Products. 2.7. In case B&R shall - in each case - accept an affiliated company of Purchaser as authorized to put an Order, Purchaser shall hold B&R fully harmless for fulfilling all contractual obligations of such third party. The Agreement shall apply accordingly with respect to any such third party.

Scope and Applicability. 2.1. The Agreement governs the legal, commercial, and technical modalities for the supply of Contract Products including services for Application Software to Purchaser on the basis of an Order. In case a provision of the Agreement is primarily aimed at hardware, such provision is nevertheless applicable to software Software or services accordingly. 2.2. The Agreement applies to all B&R offers made by and all Orders submitted to B&R and will become content of each Order. 2.3. B&R rejects the applicability of any terms and conditions of Purchaser. 2.4. Any deviations from and/or amendments to the Agreement and/or an Order only apply if and insofar as they have been accepted by B&R in writing. 2.5. The following descending order of precedence shall apply: (i) the Agreement; (ii) any written supplements to or deviations from the Agreement or from or to any Order agreed to by B&R; (iii) Order Confirmation. 2.6. B&R does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Contract Products is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of B&R’s offer date. In the event of any subsequent revisions or changes thereto, B&R assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Clause 2524. Nothing contained herein shall be construed as imposing responsibility or liability upon B&R for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection, or operation of the Contract Products. 2.7. In case B&R shall - in each case - accept an affiliated company of Purchaser as authorized to put place an Order, Purchaser shall hold B&R fully harmless for fulfilling all contractual obligations of such third party. The Agreement shall apply accordingly with respect to any such third party.