Severability; No Modification of Agreement; Conflict of Terms Sample Clauses

Severability; No Modification of Agreement; Conflict of Terms. If any provision of the Sales Order shall be determined by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and incapable of modification to preserve the effect thereof, such provision shall be deemed severed and the remainder of the Sales Order shall remain in full force and effect. Other than as noted on the face hereof, no terms and conditions in any way altering or modifying the provisions hereof shall be binding upon H&O Equipments, Inc. unless in writing and signed by an authorized representative of H&O Equipments, Inc. No modification or alteration of any provision hereof shall result from H&O Equipments, Inc.’s acceptance or acknowledgement of Buyer’s order form, shipment of Equipment, or other affirmative action by H&O Equipments, Inc. toward performance hereunder following receipt of Xxxxx’s order form, shipping order or other forms containing provisions, terms or conditions in addition to or in conflict or inconsistent with the provisions hereof. Any terms or conditions contained in any document which has been or may in the future be supplied by Buyer to H&O Equipments, Inc. which are in addition to, different from, inconsistent with or attempt to vary any of the terms of the Sales Order, unless otherwise accepted in writing by an authorized representative of H&O Equipments, Inc., are hereby rejected. The section headings hereof are for reference and convenience only.
Sample 1
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Related to Severability; No Modification of Agreement; Conflict of Terms

  • WAIVER AND SEVERABILITY OF TERMS At any time, should Xxxxx Xxxxx fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • Severability; Waiver In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

  • DURATION AND MODIFICATION OF AGREEMENT 19.01 This agreement shall continue in force and effect from the date of ratification to 31 August 2023 and shall be renewed automatically thereafter for periods of one year each unless either party notifies the other in writing within the period of ninety days before the agreement ceases to operate that it desires to amend or terminate this agreement. Where notice to amend the agreement is given, the provisions of this agreement shall continue in force until a new agreement is signed or the right to strike or lockout accrues, whichever first occurs.

  • Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

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