THE CONTRACT. The Contract Documents form the contract for construction. This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. The contract may only be amended by Change Order. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, but the Architect shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the State or the Architect and any Subcontractor or Sub-subcontractor.
THE CONTRACT. The Contract Documents form the Construction Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or a Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties.
THE CONTRACT. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.
THE CONTRACT. The entire Contract consists of this Contract, the Application, if any, and any riders or endorsements attached to this Contract. This Contract may be changed or altered only by the President or Vice President and the Secretary of the Company. A change or alteration must be made in writing.
THE CONTRACT. 3.1. The parties agree that: (a) the provision or supply of all Goods, Services, and Digital Services under, or in connection with, an Order is subject to these ToS and the other provisions of the Contract; (b) the Contract contains the entire agreement between the parties with respect to its subject matter and supersedes all prior communications and agreements between the parties; (c) in entering into the Contract, the Purchaser has not, and does not, rely on any communication or representation (other than fraudulent misrepresentation) that has not been expressly set out in the Contract; (d) the Contract applies to the exclusion of any other terms or conditions including those: (i) issued, or referred to, by the Purchaser (including in an Order); or (ii) which may be implied by statute, trade, custom, practice, or course of dealing.
3.2. Sandvik will not supply on, and expressly rejects: (a) the Purchaser’s standard terms and conditions of purchase (or similar); and (b) to the fullest extent permissible under applicable Law, any terms and conditions other than those contained in the Contract.
3.3. The parties agree that the Contract is formed as described in Clause 2 (Quotes, Orders, and Order Acceptance).
3.4. The Purchaser agrees that, without limiting the Sandvik Warranty, by: (a) accepting possession of the Goods; or (b) receiving the benefit of the Services or Digital Services, the Purchaser irrevocably acknowledges and agrees that the Goods, Services, or Digital Services (as the case may be) have been supplied in accordance with the Contract.
3.5. If, and to the extent, there is any conflict, inconsistency, or ambiguity between the constituent parts of the Contract then such conflict, inconsistency, or ambiguity shall be resolved in accordance with the following order of precedence (with the document earlier in the list prevailing over a document later in the list): (a) the Order Acceptance (if documented); (b) any other document attached or referred to in the Order Acceptance (if documented); (c) these ToS; (d) any other document attached or referred to in the ToS; (e) the Quote; (f) any other document attached or referred to in the Quote; and (g) subject to Clause 3.2, the Order.
THE CONTRACT. The Contract and any riders attached constitute the entire Contract. Only the President, a Vice President, the Secretary or an Assistant Secretary of LNL has the power, on behalf of LNL, to change, modify, or waive any provisions of this Contract. LNL reserves the right to unilaterally change the Contract for the purpose of keeping the Contract in compliance with federal or state law. Any changes, modifications, or waivers must be in writing. No representative or person other than the above named officers has authority to change or modify this Contract or waive any of its provisions. All terms used in this Contract will have their usual and customary meaning except when specifically defined.
THE CONTRACT. The Department has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and the Vendor is available and qualified to perform such function; and for the abovementioned reasons, the state agency desires to avail itself of the services of the second party;
THE CONTRACT. The Contract and any riders attached, together with the application therefore if a copy of such application is attached to the Contract when issued, constitute the entire Contract. Only the President, a Vice President, the Secretary or an Assistant Secretary of LNY has the power, on behalf of LNY, to change, modify, or waive any provisions of this Contract. All statements made by or under the authority of the Owner for the issuance of the Contract are deemed to be representations and not warranties. LNY reserves the right to unilaterally change the Contract for the purpose of keeping the Contract in compliance with federal or state law, subject to the prior approval of the New York Superintendent of Insurance. Any changes, modifications, or waivers must be in writing. No representative or person other than the above named officers has authority to change or modify this Contract or waive any of its provisions. All terms used in this Contract will have their usual and customary meaning except when specifically defined.
THE CONTRACT. The Contract Documents form the Contract. The Contract represents the entire integrated agreement between the OWNER and the CONTRACTOR and supercedes all prior negotiations, and representations by either party.
THE CONTRACT. The entire Contract consists of: [a the forms shown in the Table of Contents as of the Effective Date;
