SPECIAL CONDITIONS PREVAIL Sample Clauses

The 'Special Conditions Prevail' clause establishes that, in the event of any conflict or inconsistency between the general terms of an agreement and any special conditions specified within it, the special conditions will take precedence. This means that if a particular provision in the special conditions contradicts a general provision, the special condition will override the general one for that specific issue. This clause ensures that any tailored or negotiated terms agreed upon by the parties are honored above standard boilerplate language, thereby providing clarity and certainty about which terms govern in case of discrepancies.
POPULAR SAMPLE Copied 41 times
SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of ▇▇▇▇▇▇▇▇▇/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name) 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors sh...
SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail.