Common use of APPLICATION OF CONDITIONS Clause in Contracts

APPLICATION OF CONDITIONS. 2.1 These Conditions apply to the Agreement to the exclusion of all other terms that are not otherwise expressly contemplated by the Agreement and that the Buyer seeks to impose or incorporate, or which are implied by trade, custom practice or course of dealing. 2.2 These Conditions apply to all Seller’s sales. The Seller may issue a new version of these Conditions. Variations to the current version of these Conditions have no effect unless expressly agreed in writing and signed by an authorized person on behalf of the Seller. 2.3 Each order constitutes an offer by the Buyer to purchase Products under these Conditions. The Buyer must ensure the terms of its order and any specifications are complete and accurate. Orders are deemed accepted when the Seller issues written confirmation of the order or the Seller delivers Products to the Buyer, at which point the agreement comes into existence. 2.4 The Agreement, including all Schedules hereto and these Conditions, constitutes the entire agreement between the Parties. Characteristics of Products contained in public statements and representations of Seller, or its agents, including without limitation in advertisements, prospectuses, catalogues, websites or other materials only form part of the Agreement if they are explicitly contained in a written order confirmation issued by Seller.