Common use of SERVICES & DELIVERABLES Clause in Contracts

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a in writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof hereof, and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods software (including all updates, revisions, error corrections, and subsequent versions thereof, "Software"), materials, equipment, hardware, goods, or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation. All shrink-wrap, click-wrap, browse-wrap, and similar terms accompanying any Software, and any online terms of use, terms of service, or similar terms relating to Services, are expressly rejected by Apple and are null and void. The terms of this Agreement shall prevail over all other such terms and conditions.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise other wise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's Sellers prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance of a PO and this Agreement shall occur occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("'Services"') and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), or deliverables described in any POa PO (collectively referred to as 'Goods'), in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's Sellers prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the software (including all updates, revisions, error corrections, and subsequent versions thereof, "Software"), materials, equipment, hardware, goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof hereof, and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation. All shrink-wrap, click-wrap, browse-wrap, and similar terms accompanying any Software, and any online terms of use, terms of service, or similar terms relating to Services, are expressly rejected by Apple and are null and void. The terms of this Agreement shall prevail over all other such terms and conditions.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. The objection of the Seller does not qualify as an offer. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services, unless the Goods have been tailor- made for Apple. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods (and any services ancillary thereto) (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any POthe purchase order to which these Purchase Order Terms and Conditions are attached, in accordance with the applicable PO purchase order, scope of work [described in the applicable purchase order] and with these Purchase Order Terms and Conditions (collectively, this "Agreement"). Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orpurchase order, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall will be bound by the provisions of this Agreement, including all provisions set forth on the face of any the applicable POpurchase order, whether or not Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Servicespurchase order. This writing Agreement does not constitute a firm an irrevocable offer by Seaspan, and may be revoked at any time by Seaspan prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except acceptance by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementSeller. Any terms or conditions contained in any acknowledgment, invoice, invoice or other communication of Seller Seller, which are inconsistent with the terms and conditions of this Agreement, are hereby rejectedacknowledged by Seller as being without effect. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof hereof, and shipment of the Goods or beginning performance of any Services by Seller shall will constitute such acceptanceassent. Apple Seaspan hereby reserves the right to reschedule any delivery or cancel any PO purchase order issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall Seaspan will not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur when one of the following conditions has been met: (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("“Services"”) and/or provide the goods or Services deliverables ("collectively referred to as “Goods", which term shall include goods provided as part of any Services”), described in any POpurchase order, in accordance with the applicable PO purchase order, statement of work and with this these Terms and Conditions (“Agreement”). Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orpurchase order, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this AgreementAgreement including, including without limitation, all provisions set forth on the face of any applicable POpurchase order, whether Seller acknowledges or otherwise signs this Agreement or the POpurchase order, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Servicesthe Service. This writing does not constitute a firm offer and to purchase may be revoked at any time by Customer prior to acceptance. This Agreement may not be added to, modified, superseded, superseded or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementCustomer representative. Any terms or conditions contained in any acknowledgment, invoice, invoice or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's ’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment hereof. Shipment of the Goods or beginning performance of any Services Service by Seller shall constitute such acceptanceassent. Apple Customer hereby reserves the right to reschedule any delivery delivery, or to revoke or cancel any PO issued purchase order, at any time prior to any complete or partial shipment of the Goods or prior to commencement completion of any applicable Services. Apple Customer shall not be subject to any charges or other fees as a result of such rescheduling, revocation or cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's ’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("“Services"”) and/or provide the goods or Services deliverables ("collectively referred to as “Goods", which term shall include goods provided as part of any Services”), described in any POpurchase order, in accordance with the applicable PO purchase order, scope of work, if any, and with this these Terms and Conditions (“Agreement”). Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orpurchase order, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this the Agreement, including all provisions set forth on the face of any applicable POpurchase order, whether Seller acknowledges or otherwise signs this the Agreement or the POpurchase order, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to the shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and to purchase may be revoked at any time prior to acceptance. This The Agreement may not be added to, modified, superseded, superseded or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementPolycom representative. Any terms or conditions contained in any acknowledgment, invoice, invoice or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this the Agreement might be treated as an acceptance of Seller's ’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment hereof. Shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple Polycom hereby reserves the right to reschedule any delivery or cancel any PO issued purchase order at any time prior to any complete or partial shipment of the Goods or prior to commencement completion of any Services. Apple Polycom shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("“Services"”) and/or provide the goods or Services deliverables ("collectively referred to as “Goods", which term shall include goods provided as part of any Services”), described in any POpurchase order, in accordance with the applicable PO purchase order, scope of work and with this these Terms and Conditions (“Agreement”). Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orpurchase order, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable POpurchase order, whether Seller acknowledges or otherwise signs this Agreement or the POpurchase order, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and to purchase may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, superseded or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementPolycom representative. Any terms or conditions contained in any acknowledgment, invoice, invoice or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's ’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment hereof. Shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple Polycom hereby reserves the right to reschedule any delivery or cancel any PO issued purchase order at any time prior to any complete or partial shipment of the Goods or prior to commencement completion of any Services. Apple Polycom shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a Each PO and this Agreement shall occur (i) within is valid five (5) days from the date of receipt by its delivery to the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to expressly stated otherwise in such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer PO and may be revoked by Apple at any time prior to acceptanceits acceptance by the Seller. The Seller may accept the PO and this Agreement by (i) written acceptance delivered to Apple, or (ii) commencement of performance under the PO (i.e. shipment of Goods, or commencement of the Services), in any case before expiration of the PO validity period stipulated in the previous sentence, otherwise the acceptance is not effective, unless Apple informs the Seller immediately after receipt of a late acceptance that Apple considers such acceptance effective. Individual contract between Apple and Seller concerning delivery of Goods and/or provision of Services as specified in the PO ("Individual Contract") arises at the moment of effective acceptance of such PO in accordance with the previous sentence. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptancehereof. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellationrescheduling. For the avoidance of doubt each PO made by Apple to the Seller is subject to this Agreement which forms integral part of the PO and by acceptance of each PO, the Seller also agrees to all terms and conditions of this Agreement.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementBraeburn representative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple Braeburn hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple Braeburn shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("“Services"”) and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), or deliverables described in any POa PO (collectively referred to as “Goods”), in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's ’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges charges, indemnification or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing ServicesServices (whichever is the earlier). This writing does not constitute a firm offer and may be revoked at any time prior to acceptanceacceptance by Xxxxxx. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO P O and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs sig ns this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise other wise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services, unless the Goods have been tailor- made for Apple. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("'Services"') and/or provide the goods or Services deliverables ("collectively referred to as 'Goods", which term shall include goods provided as part of any Services'), described in any POpurchase order, in accordance with the applicable PO purchase order, scope of work and with this these Terms and Conditions ('Agreement'). Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orpurchase order, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable POpurchase order, whether Seller acknowledges or otherwise signs this Agreement or the POpurchase order, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing ServicesServices . This writing does not constitute a firm offer and to purchase may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, superseded or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementPolycom representative. Any terms or conditions contained in any acknowledgment, invoice, invoice or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment hereof. Shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple Polycom hereby reserves the right to reschedule any delivery or cancel any PO issued purchase order at any time prior to any complete or partial shipment of the Goods or prior to commencement completion of any Services. Apple Polycom shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing ServicesServices (whichever is the earlier). This writing does not constitute a firm offer and may be revoked at any time prior to acceptanceacceptance by Seller. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's Sellers prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods software (including all updates, revisions, error corrections, and subsequent versions thereof, “Software”), materials, equipment, hardware, goods, or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreementrepresentative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation. All shrink-wrap, click-wrap, browse-wrap, and similar terms accompanying any Software, and any online terms of use, terms of service, or similar terms relating to Services, are expressly rejected by Apple and are null and void. The terms of this Agreement shall prevail over all other such terms and conditions.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods software (including all updates, revisions, error corrections, and subsequent versions thereof, “Software”), materials, equipment, hardware, goods, or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementACWN representative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple ACWN hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple ACWN shall not be subject to any charges or other fees as a result of such cancellation. All shrink-wrap, click-wrap, browse-wrap, and similar terms accompanying any Software, and any online terms of use, terms of service, or similar terms relating to Services, are expressly rejected by ACWN and are null and void. The terms of this Agreement shall prevail over all other such terms and conditions.

SERVICES & DELIVERABLES. Seller agrees to perform the services ("Services") and/or provide the goods or deliverables described in a PO (collectively referred to as "Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO terms and with conditions in this AgreementAgreement and the terms and conditions on the face of the PO, which terms are incorporated herein by reference. Acceptance Upon acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; orPO, (ii) upon shipment of Goods; or, (iii) upon Goods or commencement of a ServiceServices, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing A PO does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this AgreementPlatypus representative. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement a PO might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptanceassent. Apple Platypus hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple Platypus shall not be subject to any charges or other fees as a result of such cancellation.