SCOPE; BINDING EFFECT. Unless otherwise agreed in a writing executed by each of the parties which evidences a clear intention to supersede this Agreement, the parties intend that this Agreement apply to all transactions which may occur between the Company on one hand and Contractor on the other hand during the term of this Agreement and which are related to the provision of goods and/or services by Contractor for the benefit of the Company. Neither the Company makes any commitment to Contractor as to the exclusiveness of this relationship or as to the volume, if any, of business the Company will do with Contractor. The parties do, however, anticipate that the parties will agree from time to time for the performance of Work by Contractor. Such agreement for the provision of Work shall be reflected by (a) each of the parties executing a mutually acceptable Statement of Work under this Agreement or (b) Company providing a Purchase Order or other Statement of Work to Contractor and Contractor accepting such Purchase Order or other Statement of Work (including by commencing performance pursuant to such Purchase Order or other Statement of Work). In the event Company provides a Purchase Order or other Statement of Work to Contractor and Contractor commences performance, unless such Purchase Order or other Statement of Work expressly provides otherwise, Contractor hereby agrees to the formation of a binding agreement as described in the Purchase Order or other Statement of Work upon Contractor’s commencement of performance, waives any argument that it might otherwise have under Applicable Laws that the Purchase Order should have been executed by each of the parties to be enforceable and further agrees to not contest the enforceability of such Purchase Order or other Statement of Work on those grounds, and agrees to not contest the admissibility of Company’s records related to such Purchase Order or other Statement of Work that are kept in the ordinary course by Company. In addition, in no event shall the terms and conditions of any proposal, Purchase Order or other Statement of Work, acknowledgement, invoice, or other document unilaterally issued by Contractor be binding upon Company without Company’s explicit written acceptance thereof. Any Work performed by Contractor without Company’s binding commitment for such Work either via a duly executed or accepted Purchase Order or other Statement of Work under this Agreement shall be at Contractor’s sole risk and expense, and Company shall ...
SCOPE; BINDING EFFECT. These Terms and Conditions shall be binding upon AGS, Customer, and their respective agents, representatives, Shipper and Consignee, including but not limited to Customer contracted labor such as installation and dismantle companies and personnel, and any other party with an interest in, or who is benefited by the Goods and/ or Services covered by this Agreement. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limitations and limitations of liability. It shall be the Customer’s sole obligation to ensure that any such parties described above have received a copy of this Agreement and have consented to these Terms and Conditions.
