ACCEPTANCE; PURCHASE ORDER CONSTITUTES ENTIRE AGREEMENT Sample Clauses

ACCEPTANCE; PURCHASE ORDER CONSTITUTES ENTIRE AGREEMENT. This order constitutes Scan-Pac Mfg., Inc’s offer and may be accepted by Seller only in accordance with the terms hereof. Any acceptance herein of an offer of Seller, or any confirmation herein of a prior agreement between Scan-Pac Mfg., Inc & Seller, is expressly made conditional on Seller’s assent to the additional or different terms contained herein. This Order may be accepted by Seller by commencement of work, shipment of goods, or furnishing of services hereunder. Dispatch of Xxxxxx’s acknowledgement form or other written document will also act as an acceptance if it agrees with this Order with respect to the description, amount, price and time of delivery of the goods or services ordered. Notwithstanding any waiver in any instance, or any oral agreement, or any instructions, terms and conditions that may be contained in any quotation, acknowledgement, invoice or other written document of Seller, no addition to, waiver for future or modification of, any of the provisions herein contained shall be of any force or effect unless made in writing and executed by Scan-Pac Mfg., Inc.
Sample 1
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ACCEPTANCE; PURCHASE ORDER CONSTITUTES ENTIRE AGREEMENT. This Purchase Order ("Order ") constitutes the offer of the State Board of Administration of Florida (" SBA ") and such offer may be accepted by the vendor identified on the Purchase Order (" Supplier") only in accordance with the terms hereof. Fulfillment of any part of an Order, or any other conduct by Supplier which recognizes the existence of a contract pertaining to the subject matter of such Order, shall constitute acceptance by Supplier of such Order and all of the terms and conditions included or referenced herein (the " Contract Terms "). SBA objects to any terms proposed in Supplier's proposal, sales note, acknowledgment or other form of acceptance of SBA's offer (" Supplier's Proposed Terms ") which add to, vary from, or conflict with the Contract Terms. Any such Supplier’s Proposed Terms shall be void and the Contract Terms constitute the complete and exclusive statement of the terms and conditions between Supplier and SBA. The Contract Terms may be modified only by a written instrument executed by authorized representatives of both Supplier and SBA. If an Order has been issued by SBA in response to Supplier's offer and if any of the Contract Terms add to, vary from or conflict with any terms of Supplier's offer (e.g., Supplier's standard terms and conditions of sale), then the issuance of the Order by SBA shall constitute an acceptance of Supplier's offer subject to the express conditions that Supplier assents to the additional, different and conflicting Contract Terms and acknowledges that the Order and these Contracts Terms constitutes the entire agreement between Supplier and SBA with respect to the subject matter hereof and the subject matter of Supplier's offer. Supplier shall be deemed to have so assented and acknowledged unless Supplier notifies SBA to the contrary in a writing signed by Supplier's authorized representative within ten (10) working days of receipt of the Order, and only so long as the Supplier has not fulfilled all or any part of the Order.
Sample 1
ACCEPTANCE; PURCHASE ORDER CONSTITUTES ENTIRE AGREEMENT. The purchase order, together with these terms and conditions, and any attachments and exhibits, specifications, drawings, notes, instructions and other information, whether physically attached or incorporated by reference (collectively the “Purchase Order”), constitutes the entire and exclusive agreement between Hybrid Design Associates, LLC (“Hybrid”) and the supplier (the “Supplier”) identified in the Purchase Order. Hybrid’s submission of the Purchase Order is conditioned on Supplier’s agreement that any terms different from or in addition to the terms of the Purchase Order, whether communicated orally or contained in any purchase order confirmation, invoice, acknowledgement, release, acceptance or other written correspondence, irrespective of the timing, shall not form a part of the Purchase Order, even if Supplier purports to condition its acceptance of the Purchase Order on Hybrid’s agreement to such different or additional terms. Supplier’s electronic acceptance, acknowledgement of this Purchase Order, or commencement of performance constitutes Supplier’s acceptance of these terms and conditions. Notwithstanding the foregoing, if a master agreement covering procurement of the Work described in the Purchase Order exists between Supplier and Hybrid, the terms of such master agreement shall prevail over any inconsistent terms herein. 2.
Sample 1

Related to ACCEPTANCE; PURCHASE ORDER CONSTITUTES ENTIRE AGREEMENT

  • ENTIRE AGREEMENT CLAUSE This Agreement supersedes and cancels all previous Agreements or past practices between the Board and the Association and constitutes the entire Agreement between the parties. Any amendment or Agreement supplemental hereto shall not be binding upon either party unless executed, in writing, by the parties hereto.

  • 10Entire Agreement This Agreement (including those specifications and documents incorporated by reference to URL locations which form a part of it) constitutes the entire agreement of the parties hereto pertaining to the operation of the TLD and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties on that subject.

  • F9 Entire Agreement F9.1 The Contract constitutes the entire agreement between the Parties in respect of the matters dealt with therein. The Contract supersedes all prior negotiations between the Parties and all representations and undertakings made by one Party to the other, whether written or oral, except that this clause shall not exclude liability in respect of any Fraud or fraudulent misrepresentation.

  • Entire Agreement; Assignment This Agreement (a) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements and understandings both written and oral, between the parties with respect to the subject matter hereof and (b) shall not be assigned by operation of law or otherwise.

  • Entire Agreement, Appendices This Agreement constitutes the entire agreement between DISCOM and the SPG, concerning the subject matter hereof. All previous documents, undertakings, and agreements, whether oral, written, or otherwise, between the Parties concerning the subject matter hereof are hereby cancelled and shall be of no further force or effect and shall not affect or modify any of the terms or obligations set forth in this Agreement, except as the same may be made part of this Agreement in accordance with its terms, including the terms of any of the appendices, attachments or exhibits. The appendices, attachments and exhibits are hereby made an integral part of this Agreement and shall be fully binding upon the Parties. In the event of any inconsistency between the text of the Articles of this Agreement and the appendices, attachments or exhibits hereto or in the event of any inconsistency between the provisions and particulars of one appendix, attachment or exhibit and those of any other appendix, attachment or exhibit DISCOM and the SPG shall consult to resolve the inconsistency.

  • E ntire Agreement This Agreement constitutes the entire agreement of the parties regarding the subject matter addressed herein and supersedes all prior agreements, whether oral or written, pertaining to said subject matter.

  • Entire Agreement; Modification This Agreement constitutes the entire agreement between the parties relative to the subject matter hereof, and supersedes all proposals, written or oral, and all other communications between the parties relating to the subject matter of this Agreement. This Agreement may be modified, amended or rescinded only by a written agreement executed by both parties.

  • Entire Agreement; Integration This Agreement supersedes all prior agreements between or among any of the parties hereto with respect to the subject matter contained herein and therein, and such agreements embody the entire understanding among the parties relating to such subject matter.

  • Entire Agreement and Modification This Agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment.

  • Entire Agreement; Governing Law The Plan is incorporated herein by reference. The Plan and this Option Agreement constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and Optionee with respect to the subject matter hereof, and may not be modified adversely to the Optionee's interest except by means of a writing signed by the Company and Optionee. This agreement is governed by the internal substantive laws, but not the choice of law rules, of California.

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