the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this APEX Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the Partner DPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 (Material Modifications).
the Order. Reference to Supplier’s bids or proposals in the Order shall not, unless otherwise provided for on the face of the Order, modify the terms and conditions of the Order, and no other agreement or quotation modifying any such terms and conditions will be binding upon Xyratex unless made in writing and signed by Xyratex’s authorised representative. Where the Order is issued pursuant to, or forms part of a separate Xyratex Agreement for Goods or Services, the terms and conditions of such Agreement, if in conflict with those of the Order, shall take precedence, but only to the extent of such conflict.
the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the ADPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 – Part A (Material Modifications). If one or more clauses of this Agreement are affected by nullity or if they are rendered inapplicable by the effect of the applicable law or by a decision imposed on the parties, this will not have the effect of causing the nullity of the whole of this Agreement, nor of altering the validity and mandatory nature of all the other clauses. The Parties agree to make the necessary amendments to the affected clause so that the it can bring an effect that comes as close as possible to the original will of the parties.
the Order. 3.4 To the extent of any inconsistency between any terms of a Contract, the order of priority (from highest to lowest) for the purpose of any interpretation is:
the Order. The supplier is given written orders by the customer. The order includes all the information needed for the supplier to carry out the order correctly and without disturbance. If the supplier does not send the customer a written confirmation of the order or it does not require it to be changed, or does not reject the order, it is understood that the supplier agrees to all the conditions stated in the order.
the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this APEX Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the C-C DPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 (Material Modifications). Addendum 1 GLOBAL CONTROLLER–CONTROLLER DATA PROTECTION ADDENDUM TO THE APEX RESELLER AGREEMENT This Global Controller–Controller Data Protection Addendum (“Addendum”) supplements the terms and conditions in the Agreement and is incorporated therein. In the event of a conflict between this Addendum and any other agreement between the parties, this Addendum shall control.
the Order. Any Order signed by both Parties may only be varied in writing between the Parties in accordance with Clauses 15 and 26.5 of this agreement.
the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this APEX Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is
the Order. 39.2 Subject to the above order of priority between documents, later versions of documents shall prevail over earlier ones if there is any conflict or inconsistency between them.
the Order. 2.6 The Parties acknowledge that the pre-printed provisions or terms and conditions of supply appearing on the reverse of, or attached to an Order acknowledgment, or invoice of the Supplier shall be deemed deleted and of no effect whatsoever.
