Terms and Acceptance Sample Clauses

Terms and Acceptance. This Order is an offer to purchase the goods identified in the attached purchase order and shall constitute the terms of a legally binding agreement (referred to hereinafter as "Order" or "Agreement") when: (a) A different price or delivery schedule or a different type of item; or (b) No price or no delivery schedule for the item or items to which Xxxxx's approval applies. Except as provided in the preceding sentence, it is a condition of this Order that any provisions printed or otherwise contained in any acknowledgment, inconsistent with or in addition to the terms and conditions stated here, or any alteration in this purchase order, shall have no force or effect, and that Seller by such acknowledgment agrees that any such provisions or any such alterations in this Order shall not constitute any part of this contract of purchase and sale. This contract contains the entire agreement of the parties, and failure of either party to enforce any of its rights shall not constitute a waiver of such rights or of any other rights.
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Terms and Acceptance. You will be billed at the open rate. Full payment is due with this agreement. Brochures will not be printed until all ads and ad prep are paid. New England Bride and the facility reserve the right to decline any vendor’s participation. This agreement is non- cancellable. Rates are subject to change without notice. You agree to accept emailed invoices & statements. You acknowledge that you have read and you agree that this agreement is subject to the additional terms and conditions at this link: xxxx://xxx.xxxxxxxxxxxxxxx.xxx/Terms
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Terms and Acceptance. This Purchase Order becomes a contract and shall be deemed accepted by Seller, subject to the terms and conditions of this Purchase Order ("Acceptance") (1) when signed acknowledgment of Seller is received by Buyer, or (2) upon commencement of work on goods or services subject to this Purchase Order or when shipment according to schedule of all or any portion of the goods or services covered by this Purchase Order shall be made. Except as provided in the preceding sentence, it is a condition of this Purchase Order that any provisions printed or otherwise contained in any acknowledgment hereof, invoice or time sheet provided by Seller, inconsistent with or in addition to the terms and conditions herein stated, and any attempted alteration by Seller of this Purchase Order ("Differing Terms"), are hereby rejected and shall have no force or effect, and that Seller by Acceptance thereby agrees that any such Differing Terms shall not constitute any part of the contract established by this Purchase Order. This contract contains the entire agreement and understanding, with the exception of any Additional Terms, between the parties with respect to the goods and services covered by this Purchase Order and supersedes all prior agreements and understandings relating to its subject matter, whether written or oral. Any failure of either party to enforce any of its rights hereunder shall not constitute a waiver of such rights or of any other rights hereunder.
Sample 1
Terms and Acceptance. Until this Agreement is terminated by its terms or by wri en agreement of the parties, each and every purchase order, proposal or quote related to Ensight’s sale of equipment, components, parts and other similar products that are the subject of a proposal, purchase order or quote issued to or by Buyer that is accepted in writing by Ensight (the “Equipment”), will be subject to the terms and conditions of this Agreement regardless of whether any specific reference is made to this Agreement in such document. No provisions printed or otherwise contained in any document which are inconsistent with or in addition to the terms and conditions herein stated will be effective unless both Buyer and Ensight agree to them in writing. Prices, Invoices, Due Dates and Payments. Equipment prices will be published from time-to-time by Ensight. Prices are subject to change by Ensight at any time before Ensight accepts an order. Ensight will submit invoices to Buyer for payment. All payments from Buyer to Ensight are due within 30 days of the date of invoice unless otherwise agreed to in writing by the parties. Ensight will use commercially reasonable efforts to submit invoices no later than ninety (90) days from completion of equipment delivery. If an invoice dispute arises, the parties will reasonably cooperate with each other to resolve the dispute. Buyer will pay taxes, excises and custom fees, presently or herea er levied on Ensight, relating to the goods or services provided. Unless otherwise agreed to in writing by Ensight, all payments shall be made in United States Dollars.
Sample 1
Terms and Acceptance. This is an offer to purchase the goods or services identified in the attached quotation, proposal, or purchase order (hereinafter “Order”) and shall constitute the terms of a legally binding agreement (hereinafter “Agreement”) when (1) Buyer receives signed acknowledgment of the Order, including these Terms and Conditions of Purchase, from Seller, or (2) according to schedule, Seller ships to Buyer all or any portion of the goods covered by the Order. Except as provided in the preceding sentence, it is a condition of this Agreement that any provisions printed or otherwise contained in any acknowledgment, inconsistent with or in addition to the terms and conditions stated here, or any alteration in the Order, shall have no force or effect, and that Seller by such acknowledgment agrees that any such provisions or any such alterations in the Order shall not constitute any part of this Agreement.
Sample 1
Terms and Acceptance. It is a condition of this order that any provisions printed or otherwise contained in any acknowledgement hereof which are inconsistent with or in addition to the terms and conditions herein stated, and any alteration of this purchase order, shall have no force or effect, and that Seller by such acknowledgement thereby agrees that any such provisions therein or any such alterations of this order shall not constitute any part of this contract of purchase and sale. If the terms on this order do not agree with Xxxxxx’s invoice, Xxxxxx agrees that Xxxxx may change the invoice to conform to this order and make payment accordingly.
Sample 1
Terms and Acceptance. Submission of the Application and/or purchase of Product indicates Reseller’s agreement to this Agreement. This Agreement contains the entire agreement of the parties. Failure of either party to enforce any of its rights under this Agreement shall not constitute a waiver of such rights or any other rights. No amendment to this Agreement shall be binding unless approved in writing by MM. MM may approve or reject Reseller’s Application, or any Product order, for any or no reason, in its sole and absolute discretion.
Sample 1
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Terms and Acceptance. This Purchase Order (this “Order”) between Vendor and NIC Global Manufacturing Solutions (NIC) becomes a legally binding contract (a) when signed and returned by Vendor to NIC, or (b) when the first shipment of all or any portion of the goods covered by this Order occurs. All purchases of the goods covered by this Order will be in accordance with, and will be deemed to incorporate, the terms and conditions of this Order, and NIC’s standard terms and conditions contained in any form of documentation relating to such purchases. No other or inconsistent terms or conditions contained in any acknowledgement, invoice or other form of documentation of Vendor, whether preprinted or otherwise, will apply, unless the parties specifically agree otherwise in writing referencing this Order and the specific provision to be modified. In the event of any inconsistency between the terms of this Order and the terms contained in any such acknowledgement, invoice or other form of documentation the terms of this Order will control unless the parties otherwise agree in writing on the confirmed NIC Purchase Order.
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Related to Terms and Acceptance

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • ACKNOWLEDGEMENT AND ACCEPTANCE (a) In accepting the RSUs, the Participant acknowledges and agrees: (i) that the Plan is discretionary in nature and may be amended, cancelled, suspended or terminated by the Company at any time; (ii) that the grant of the RSUs does not create any contractual or other right to receive future grants of RSUs or any right to continue an employment or other relationship with the Company (for the vesting period or otherwise); (iii) that the Participant remains subject to discharge from such relationship to the same extent as if the RSUs had not been granted; (iv) that all determinations with respect to any such future grants, including, but not limited to, when and on what terms they shall be made, will be at the sole discretion of the Committee; (v) that participation in the Plan is voluntary; (vi) that the value of the RSUs is an extraordinary item of compensation that is outside the scope of the Participant’s employment contract if any; and (vii) that the grant of RSUs is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar benefits. (b) If the Participant does not want to accept the RSUs on the terms and conditions set out in this Agreement, the Plan and/or any related documents, the Participant may choose the “Decline” button. The RSUs will then be cancelled and no other benefit will be due to the Participant in lieu thereof. If Participant does not “Decline” the RSUs within thirty (30) days from the Grant Date, the Participant shall be deemed to have accepted the RSUs and shall be deemed to have agreed to the terms and conditions set out in this Agreement, the Plan and/or any related documents. (c) The grant of the RSUs is not intended to be a public offering of securities in the Participant’s country of residence (and country of employment, if different). The Company has not submitted any registration statement, prospectus or other filings with the local securities authorities (unless otherwise required under local law), and the grant of the RSUs is not subject to the supervision of the local securities authorities. No employee of the Company or any of the Company’s subsidiaries is permitted to advise the Participant on whether the Participant should acquire Shares as a result of settlement of the RSUs under the Plan. Investment in Shares involves a degree of risk. Before deciding to acquire Shares as a result of settlement of the RSUs, the Participant should carefully consider all risk factors relevant to the acquisition of Shares under the Plan and the Participant should carefully review all of the materials related to the RSUs and the Plan. In addition, the Participant should consult with the Participant’s personal advisor for professional investment advice. (d) The Participant acknowledges and agrees that it is the Participant’s express intent that this Agreement, the Addendum (if applicable) and the Plan and all other documents, notices and legal proceedings entered into, given or instituted pursuant to the award, be drawn up in English. If the Participant has received this Agreement, the Addendum and the Plan or any other documents related to the award translated into a language other than English, and if the meaning of the translated version is different than the English version, the English version shall control. (e) As a condition to the grant of the RSUs, the Participant agrees to repatriate all payments attributable to the Shares and/or cash acquired under the Plan in accordance with local foreign exchange rules and regulations in the Participant’s country of residence (and country of employment, if different). In addition, the Participant also agrees to take any and all actions, and consents to any and all actions taken by the Company and its affiliates and subsidiaries and/or the Employer, as may be required to allow the Company and its affiliates and subsidiaries or the Employer to comply with local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different). Finally, the Participant agrees to take any and all actions as may be required to comply with the Participant’s personal obligations under local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different).

  • Appointment and Acceptance The Trust hereby appoints JNLD as distributor of the Shares of the Funds set forth on Schedule A on the terms and for the period set forth in this Agreement, and JNLD hereby accepts such appointment and agrees to render the services and undertake the duties set forth herein.

  • Offer and Acceptance These terms shall constitute a binding contract upon execution by all parties (the “Contract”).

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • Employment and Acceptance During the Term (as defined in Section 1.2), the Company shall employ the Executive, and the Executive shall accept such employment and serve the Company, in each case, subject to the terms and conditions of this Agreement.

  • INSPECTION AND ACCEPTANCE Cisco may reject any or all of the Work which does not conform to the applicable requirements within 10 business days of Supplier’s delivery of the Work. At Cisco’s option, Cisco may (i) return the non- conforming Work to Supplier for a refund or credit; (ii) requires Supplier to replace the non-conforming Work; or (iii) repair the non-conforming Work so that it meets the requirements. As an alternative to (i) through (iii), Cisco may accept the non-conforming Work conditioned on Supplier providing a refund or credit in an amount Cisco reasonably determines to represent the diminished value of the non-conforming Work. Cisco’s payment to Supplier for Work prior to Xxxxx’s timely rejection of such Work as non- conforming will not be deemed as acceptance by Xxxxx.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • Acceptance and Assumption Assignee hereby accepts the foregoing assignment and further hereby assumes and agrees to perform, from and after January 1, 2002, all duties, obligations and responsibilities of the property manager arising under the Agreement.

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