Common use of Agreement of Purchase Clause in Contracts

Agreement of Purchase. Unless otherwise provided in a written agreement between Bekaert Corporation and its divisions, affiliates and subsidiaries, as applicable in each case, ("Buyer") and the seller ("Seller"), the terms and conditions set forth in this document are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon these terms and conditions. This document, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time, shall constitute the entire agreement ("Agreement") between Buyer and Seller for each such purchase. In the event of any inconsistency between these standard terms and conditions and the provisions on the purchase order or on any supplement attached thereto, the provisions contained on the purchase order or on such supplement shall control. Seller's acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of its terms and conditions. Additional or different terms provided in Seller's acceptance of Xxxxx's offer which vary in any degree from any of the terms herein are hereby objected to and rejected. If this Agreement shall be deemed an acceptance by Buyer in response to an offer by Seller and if any terms herein are additional to or different from any terms of such offer, then the issuance of this Agreement by Buyer shall constitute an acceptance expressly conditioned upon Seller's assent to all of the terms and conditions of this Agreement. These standard terms and conditions of purchase may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Appears in 1 contract

Samples: www.bekaert.com

AutoNDA by SimpleDocs

Agreement of Purchase. Unless otherwise provided in a written agreement between Bekaert Corporation Xxxxxx Enterprises, Inc. and its divisions, affiliates and subsidiaries, as applicable in each case, ("Buyer") and the seller seller, its successors and permitted assigns ("Seller"), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon these terms and conditionsthe Terms. This documentThe Terms, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to timetime (the “Other Documents”), shall constitute the entire agreement ("the “Agreement") between Buyer and Seller for each such purchase. In the event of any inconsistency between these standard terms and conditions the Terms and the provisions on in the purchase order or on any supplement attached theretoOther Documents, the provisions contained on in the purchase order or on such supplement Other Documents shall control. Seller's ’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of its terms and conditionsthe Terms. Additional or different terms provided in Seller's ’s acceptance of Xxxxx's Buyer’s offer which vary in any degree from any of the terms herein Terms are hereby objected to and rejected. If this Agreement an offer by Seller shall be deemed an acceptance by Buyer in response to an offer by Seller and if any terms herein of the Terms are additional to or different from any terms of such offer, then the issuance of this Agreement the Terms by Buyer shall constitute an acceptance expressly conditioned upon Seller's ’s assent to all of the terms and conditions of this AgreementTerms. These standard terms and conditions of purchase The Terms may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Agreement of Purchase. Unless otherwise provided in a written agreement between Bekaert Corporation Xxxxxx Enterprises, Inc. and its divisions, affiliates and subsidiaries, as applicable in each case, ("Buyer") and the seller seller, its successors and permitted assigns ("Seller"), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon these terms and conditionsthe Terms. This documentThe Terms, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to timetime (the “Other Documents”), shall constitute the entire agreement ("the “Agreement") between Buyer and Seller for each such purchase. In the event of any inconsistency between these standard terms and conditions the Terms and the provisions on in the purchase order or on any supplement attached theretoOther Documents, the provisions contained on in the purchase order or on such supplement Other Documents shall control. Seller's ’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of its terms and conditionsthe Terms. Additional or different terms provided in Seller's ’s acceptance of Xxxxx's ’s offer which vary in any degree from any of the terms herein Terms are hereby objected to and rejected. If this Agreement an offer by Seller shall be deemed an acceptance by Buyer in response to an offer by Seller and if any terms herein of the Terms are additional to or different from any terms of such offer, then the issuance of this Agreement the Terms by Buyer shall constitute an acceptance expressly conditioned upon Seller's ’s assent to all of the terms and conditions of this AgreementTerms. These standard terms and conditions of purchase The Terms may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

AutoNDA by SimpleDocs

Agreement of Purchase. Unless otherwise provided in a written agreement between Bekaert Corporation and its divisions, affiliates and subsidiaries, as applicable in each case, ("Buyer") and the seller ("Seller"), the terms and conditions set forth in this document are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon these terms and conditions. This document, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time, shall constitute the entire agreement ("Agreement") between Buyer and Seller for each such purchase. In the event of any inconsistency between these standard terms and conditions and the provisions on the purchase order or on any supplement attached thereto, the provisions contained on the purchase order or on such supplement shall control. Seller's ’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of its terms and conditions. Additional or different terms provided in Seller's ’s acceptance of Xxxxx's Buyer’s offer which vary in any degree from any of the terms herein are hereby objected to and rejected. If this Agreement shall be deemed an acceptance by Buyer in response to an offer by Seller and if any terms herein are additional to or different from any terms of such offer, then the issuance of this Agreement by Buyer shall constitute an acceptance expressly conditioned upon Seller's ’s assent to all of the terms and conditions of this Agreement. These standard terms and conditions of purchase may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Appears in 1 contract

Samples: www.bekaert.com

Time is Money Join Law Insider Premium to draft better contracts faster.