ContractAgreement • October 22nd, 2021
Contract Type FiledOctober 22nd, 2021Agreement documents: This Purchase Order (PO) any attachments made a part of this PO, and any documents or clauses incorporated by reference into this PO are the sole and exclusive agreement of buyer (Buyer or Kyndryl) and supplier (Supplier) for the products and services in this PO, and no other document, including the Supplier’s proposal, quotation or acknowledgement form, will be part of this PO, unless specifically agreed to in writing by Buyer. Terms contained in the Supplier's response to, or acknowledgement or acceptance of, this PO, if any, that are additional to, or different from, the terms set forth herein (which terms would constitute a counter-offer by Supplier) are specifically rejected by Buyer. Buyer's offer to purchase as provided in this PO may not be modified by Supplier counter-offers. Notwithstanding the foregoing, if this PO is deemed an acceptance by Buyer of a Supplier offer or counter-offer, then such acceptance is expressly made conditional on Supplier's assen