Acceptance and Modification. This order becomes a binding contract, subject to the terms and conditions thereof, upon Seller’s written acknowledgement of the Order, its commencement of any performance under the Order, or acceptance of any payment under the Order. Any modification of this order, to be valid must be in writing and signed by ▇▇▇▇▇’s authorized purchasing representative. Any acknowledgment form or other form of Seller containing terms and conditions of sale submitted by Seller to Buyer shall not have the effect of modifying the terms and conditions hereof. ▇▇▇▇▇ will consider ▇▇▇▇▇▇’s request for changes only if such request is made in writing and directed to specific clauses in this order. No change shall be binding upon Buyer unless specifically accepted in writing. In the event that this Order does not state price or delivery terms, Buyer will not be bound to any prices or delivery terms to which it has not specifically agreed in writing. Any terms or conditions proposed by Seller inconsistent with or in addition to the terms and conditions contained in this Order shall be void and of no effect unless specifically agreed to in writing by ▇▇▇▇▇, regardless of whether or not such terms and conditions materially alter this Order and irrespective of any payment by Buyer hereunder.
Appears in 2 contracts
Sources: Purchasing Agreement, Purchasing Agreement