Common use of STATUS OF THESE TERMS AND CONDITIONS Clause in Contracts

STATUS OF THESE TERMS AND CONDITIONS. 2.1. These Terms and Conditions are applicable to the Parties’ co-operation in respect of the sale or supply of Goods or the performance of Services set out in the Purchase Order, unless the Parties have concluded a written agreement within this scope. If the Parties have concluded a written agreement, the application of the Terms and Conditions is precluded. At the same time, the Parties decide that under no circumstances will any general terms or templates of any other kind, made or applied by the Supplier, apply to the Parties’ co-operation. 2.2. The Purchase Order constitutes an offer by GSK to purchase the Goods or Services specified therein in accordance with these Terms and Conditions. An offer to conclude the Agreement is deemed to have been accepted by the Supplier on the earlier of: (a) the Supplier delivering to GSK a written acceptance of the Purchase Order, or (b) the Supplier performing any act consistent with fulfilling the Purchase Order, or c) the lapse of at least two business days from when GSK sends the Purchase Order, at which point the Supplier will not submit to GSK a statement on rejecting GSK’s offer. At the request of GSK, the Supplier will deliver to GSK a written acceptance of the Purchase Order no later than two business days from delivering GSK’s request to the Supplier to this effect. 2.3. The Supplier does not have the right to amend, supplement or accept with reservations an offer submitted to the Supplier by GSK, regardless of the scope of amendments, supplements or reservations. GSK’s offer may be accepted or rejected by the Supplier only in its entirety. 2.4. Under no circumstances may an absence of GSK’s answer to a statement sent by email cause an emergence, modification or termination of legal relations. The application of Articles 68(2) and 69 of the Civil Code is precluded to the extent in which they refer to offers addressed to GSK. 2.5. Within the scope of concluding Agreements on the basis of these Terms and Conditions, the application of Articles 66(1), 68 and 72 § 1 of the Civil Code is precluded.

Appears in 3 contracts

Samples: General Terms & Conditions of Purchase, General Terms & Conditions of Purchase, General Terms & Conditions of Purchase

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STATUS OF THESE TERMS AND CONDITIONS. 2.1. These Terms and Conditions are applicable to the Parties’ co-operation in respect of the sale or and/or supply of Goods or the performance of Services set out in the Purchase Order, unless . If the Parties have concluded a written agreement within this scope. If the Parties have concluded a written agreement, the application of the Terms and Conditions is precluded. At the same timeshall apply, unless the Parties decide that under no circumstances will agreed otherwise in a written agreement. The terms and conditions in any general terms or templates of any other kind, made or applied separately negotiated and signed written agreement entered into by the Supplier, apply to Parties in respect of the Parties’ co-operationGoods or Services identified in the Purchase Order shall overrule these Terms and Conditions. 2.2. The Purchase Order constitutes an offer by GSK Xxxxxx to purchase the Goods or Services specified therein in accordance with these Terms and Conditions. An offer to conclude the Agreement is deemed to have been accepted by the Supplier on the earlier of: (a) the Supplier delivering to GSK Haleon a written acceptance of the Purchase Order, or (b) the Supplier performing any act consistent with fulfilling the Purchase Order, or c) the lapse of at least two business days from when GSK sends the Purchase Order, at which point the Supplier will not submit to GSK a statement on rejecting GSK’s offer. At the request of GSK, the Supplier will deliver to GSK a written acceptance of the Purchase Order no later than two business days from delivering GSK’s request to the Supplier to this effect. 2.3. The If Supplier does not have the right to amendamends, supplement supplements or accept accepts with reservations an offer submitted to the Supplier by GSKXxxxxx, regardless of it is considered as a new offer made by Supplier to Haleon. Xxxxxx has the scope of amendments, supplements or reservations. GSK’s offer may be accepted or rejected by the Supplier only in its entiretyright to decide whether to accept such a new offer. 2.4. Under no circumstances may an absence of GSKXxxxxx’s answer to a statement sent by email cause an emergence, modification or termination of legal relations. The application of Articles 68(2) and 69 of the Civil Code is precluded to the extent in which they refer to offers addressed to GSK. 2.5. Within the scope Haleon will not be liable in respect of concluding Agreements any Purchase Order(s) or instructions other than those issued or confirmed on the basis of its official Purchase Order documents, whether issued in hard copy (in which case such documents shall be valid only when duly signed), or issued electronically in accordance with these Terms and Conditions, the application of Articles 66(1), 68 and 72 § 1 of the Civil Code is precluded.

Appears in 1 contract

Samples: General Terms & Conditions of Purchase

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