CONTRACT CREATION /. EXECUTION Except for contracts governed by Article 11-B of the State Finance Law, subject to and upon receipt of all required approvals as set forth in the Bid Specifications a Contract shall be deemed executed and created with the successful Bidder(s), upon the Commissioner’s mailing or electronic communication to the address on the Bid/Contract of: (i) the final Contract Award Notice; (ii) a fully executed Contract; or (iii) a Purchase Order authorized by the Commissioner.
CONTRACT CREATION /. EXECUTION Except for contracts governed by Article 11-B of the State Finance Law, subject to and upon receipt of all required approvals as set forth in the Bid Specifications, a Contract shall be deemed executed and created with the successful Bidder(s) upon the Commissioner’s mailing or electronic communication to the address on the Bid/Contract of: (i) the final Contract Award Notice; (ii) a fully executed Contract; or (iii) a Purchase Order authorized by the Commissioner. The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer. Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.
CONTRACT CREATION /. The contract is created through three key stages of tender namely: pre-tender, tendering and post tender contract management. All of these must be governed by rigorous governance principles. The pre-tender stage includes needs assessment, planning and budgeting, development of specifications and selection of the most suitable procurement strategy. The tendering stage includes the invitation to tender, evaluation and adjudication of bids. Post-tender includes contract management, ordering and payment. It is important that efficient governance principles be applied to all these stages of the contract.
5.1 The Pre-Tender or Demand Management Stage
CONTRACT CREATION /. Each fully executed Contract creates a separate contract between Authorized Purchaser and Contractor that is enforceable according to its terms and is independent of all other executed Contracts. Each Contract consists only of the terms specified for Contracts in this MSA and no other terms, regardless of source. DAS-PS is an intended beneficiary under each Contract between Authorized Purchaser and Contractor. DAS-PS is not obligated or liable to Contractor under any Contract unless DAS-PS is purchasing the Products or Services as the Authorized Purchaser.
CONTRACT CREATION /. 3.1 SpinetiX Players: Upon receipt of a Customer Order SpinetiX shall prepare the SpinetiX Players for dispatch and issue an Order Confirmation that confirms receipt of the Customer Order and sets out the details of the SpinetiX Players ordered, the Price, a reference number and an estimated delivery date. A Contract between you and SpinetiX for the sale of a SpinetiX Player, including any Software embedded in it, shall be created upon dispatch of the SpinetiX Player by SpinetiX.
