Common use of ACCEPTANCE AGREEMENT Clause in Contracts

ACCEPTANCE AGREEMENT. This Purchase Order (“Order”) shall be accepted by Seller by shipment of goods (the term “goods” throughout this Order includes, without limitation, raw materials, components, intermediate assemblies, and end products). Performance of services, commencement of work on goods, written acknowledgement, or any other conduct of Seller which recognizes the existence of a contract pertaining to the subject matter hereof. NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF BUYER, NOTWITHSTANDING BUYER’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless otherwise stated on the face of this Order, this Purchase Order is Buyer’s offer to Seller and does not constitute an acceptance by Buyer of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by seller is solely for the purpose of incorporating the description and specification of the subject matter thereof into this Purchase Order and then only to the extent that such description and specifications do not conflict with the descriptions and specifications on the face of the Order.

Appears in 2 contracts

Sources: Purchase Order, Purchase Order

ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') shall be accepted by Seller by shipment of goods (the term "goods" throughout this Order includes, without limitation, raw materials, components, intermediate assemblies, and end productsgoods). Performance , performance of services, commencement of work on goods, written acknowledgement, or any other conduct of Seller which recognizes the existence of a contract pertaining to the subject matter hereof. NOTWITHSTANDING KUKA ASSEMBLY AND TEST'S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TEST, NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE THESE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF BUYER, NOTWITHSTANDING BUYER’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYERKUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO REJECTED WITHOUT FURTHER NOTIFICATION APPROVAL BY BUYERKUKA ASSEMBLY AND TEST. Unless otherwise stated on the face of this Order, this Purchase Order is Buyer’s KUKA ASSEMBLY AND TEST's offer to Seller and does not constitute an acceptance by Buyer KUKA ASSEMBLY AND TEST of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by seller Seller is solely for the purpose of incorporating the description and specification of the subject matter thereof into this Purchase Order and then only to the extent that such description and specifications do not conflict with the descriptions and specifications are on the face of the Order.

Appears in 2 contracts

Sources: Purchase Order, Purchase Order

ACCEPTANCE AGREEMENT. This Purchase Order (“Order”) Agreement shall be become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of goods Goods (the term “goodsGoods” throughout this Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end products). Performance , or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Verus Aerospace, LLC, (hereinafter referred to as “Verus”). By acceptance of this Agreement, ▇▇▇▇▇▇ accepts all of the subject matter terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS ORDER AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER VERUS, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE VICE PRESIDENT OF BUYERVERUS, NOTWITHSTANDING BUYER’S VERUS’ ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless VERUS, unless otherwise stated on the face of this OrderAgreement, this Purchase Order Agreement is Buyer’s Verus’ offer to Seller and does not constitute an acceptance by Buyer Verus of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by seller Seller is solely for the purpose of incorporating the description and specification specifications of the subject matter thereof into this Purchase Order Agreement, and then only to the extent that such description and specifications do not conflict with the descriptions description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.

Appears in 2 contracts

Sources: Fixed Price Agreement, Fixed Price Agreement

ACCEPTANCE AGREEMENT. This Purchase Order (“Order”) Agreement shall be become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of goods Goods (the term “goodsGoods” throughout this Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end products). Performance , or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, ▇▇▇▇▇▇ accepts all of the subject matter terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS ORDER AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER CADENCE, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE VICE PRESIDENT OF BUYERCADENCE, NOTWITHSTANDING BUYERCADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless CADENCE, unless otherwise stated on the face of this OrderAgreement, this Purchase Order Agreement is Buyer▇▇▇▇▇▇▇’s offer to Seller and does not constitute an acceptance by Buyer Cadence of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by seller Seller is solely for the purpose of incorporating the description and specification specifications of the subject matter thereof into this Purchase Order Agreement, and then only to the extent that such description and specifications do not conflict with the descriptions description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.

Appears in 2 contracts

Sources: Fixed Price Agreement, Fixed Price Agreement

ACCEPTANCE AGREEMENT. This Purchase Order (“Order”) Agreement shall be become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of goods Goods (the term “goodsGoods” throughout this Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end products). Performance , or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Seller accepts all of the subject matter terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS ORDER AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER CADENCE, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE VICE PRESIDENT OF BUYERCADENCE, NOTWITHSTANDING BUYERCADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless CADENCE, unless otherwise stated on the face of this OrderAgreement, this Purchase Order Agreement is BuyerCadence’s offer to Seller and does not constitute an acceptance by Buyer Cadence of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by seller Seller is solely for the purpose of incorporating the description and specification specifications of the subject matter thereof into this Purchase Order Agreement, and then only to the extent that such description and specifications do not conflict with the descriptions description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.

Appears in 1 contract

Sources: Fixed Price Agreement

ACCEPTANCE AGREEMENT. This Purchase Order ▇▇▇▇▇▇ ▇▇▇▇▇ International LLC (“OrderFSI”) shall be accepted and Seller agree that FSI’s purchase order constitutes the Offer. Seller's written confirmation of an FSI purchase order (even though it states terms additional to or different from those offered by Seller by shipment of goods (the term “goods” throughout this Order includes, without limitation, raw materials, components, intermediate assemblies, and end products). Performance of services, FSI or agreed upon) or Seller’s commencement of work on the goods subject to any FSI purchase order or shipment of such goods, written acknowledgementwhichever occurs first, shall be deemed acceptance of any FSI purchase order and the terms and conditions herein. Any additional or different terms or conditions contained in Seller’s acceptance are expressly rejected and FSI herein gives Seller notice that the same are objected to. Accordingly, any proposal for additional and/or different terms or conditions, or any other conduct attempt by Seller to vary any of Seller which recognizes the existence terms of any FSI purchase order or the terms and conditions contained herein is hereby rejected, but such proposals shall not operate as a contract pertaining to the subject matter hereof. NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON BUYER UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF BUYER, NOTWITHSTANDING BUYER’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless otherwise stated on the face rejection of this Orderoffer and this offer shall be deemed accepted by Seller without said additional or different terms. If, this Purchase Order however, such variances are in the terms of price, such variance shall be deemed a material alteration, and FSI’s purchase order will thereby be revoked. In the event any FSI purchase order is Buyer’s offer deemed to Seller and does not constitute an acceptance by Buyer of any Seller’s offer, FSI’s acceptance of Seller’s offer is expressly made conditional on Seller’s assent to sell or proposal by FSI’s purchase order and the terms and conditions contained herein. Notwithstanding anything to the contrary, Seller. Any reference herein ’s failure to any such offer or proposal by seller is solely for the purpose of incorporating the description and specification of the subject matter thereof into this sign FSI’s Purchase Order shall not any in event void, nullify, or release Seller from any and then only to all obligations contained in the extent that such description Purchase Order or these terms and specifications do not conflict with the descriptions conditions set forth herein and specifications on the face of the Orderbelow.

Appears in 1 contract

Sources: Terms and Conditions for Selling Goods