Common use of APPLICABILITY; DEFINITIONS Clause in Contracts

APPLICABILITY; DEFINITIONS. Subject to the terms and conditions of this Microchip Terms and Conditions of Sale, the applicable Acknowledgment, and applicable invoice (which may be overleaf), which are incorporated into this Microchip Terms and Conditions of Sale (collectively “Agreement”), Microchip Limited or Microchip Technology Ireland Limited, as applicable, or a Microchip subsidiary identified as the seller in the Acknowledgment (“Microchip”), offers for sale to you (“Customer”) the goods and services, and licenses of any software, specified in Microchip’s Order Acknowledgment (“Acknowledgment”) or otherwise delivered to Customer (“Goods,” or with regard to fee-based services, “Services,” or with regard to software or firmware delivered separately or as part of a Good, “Software”). “Order” means Customer’s written, electronic, or verbal purchase order for Goods, Services, or Software. Microchip’s acceptance of the Order is conditioned on Customer’s assent to the Agreement. Customer’s receipt of Goods, Services, or Software constitutes Customer’s assent. Unless Customer and Microchip have a current, mutually executed agreement for the purchase of Goods, Services, or Software from Microchip, only the Agreement applies to the Order and all other Customer’s terms and conditions, whether as part of an Order or otherwise, are rejected and do not form a part of the Agreement. Microchip’s delay or failure to object to any terms or conditions received from Customer, including the original Order, will not be a waiver of any Agreement term. The parties agree as follows.

APPLICABILITY; DEFINITIONS. Subject to the terms and conditions of this Microchip Terms and Conditions of Sale, the applicable Acknowledgment, and applicable invoice (which may be overleaf), which are incorporated into this Microchip Terms and Conditions of Sale (collectively “Agreement”), Microchip Limited Technology Inc. or Microchip Technology Ireland Limited, as applicable, or a Microchip subsidiary identified as the seller in the Acknowledgment (“Microchip”), offers for sale to you (“Customer”) the goods and services, and licenses of any software, specified in Microchip’s Order Acknowledgment (“Acknowledgment”) or otherwise delivered to Customer (“Goods,” or with regard to fee-based services, “Services,” or with regard to software or firmware delivered separately or as part of a Good, “Software”). “Order” means Customer’s written, electronic, or verbal purchase order for Goods, Services, or Software. Microchip’s acceptance of the Order is conditioned on Customer’s assent to the Agreement. Customer’s receipt of Goods, Services, or Software constitutes Customer’s assent. Unless Customer and Microchip have a current, mutually executed agreement for the purchase of Goods, Services, or Software from Microchip, only the Agreement applies to the Order and all other Customer’s terms and conditions, whether as part of an Order or otherwise, are rejected and do not form a part of the Agreement. Microchip’s delay or failure to object to any terms or conditions received from Customer, including the original Order, will not be a waiver of any Agreement term. The parties agree as follows.