Common use of CONFLICTING CONDITIONS Clause in Contracts

CONFLICTING CONDITIONS. (a) If any specifications contained in the Contractor’s quotation, acceptance of order or other documentation are contrary to or differ from the specifications specified in the Purchase Order, the specifications specified in the Purchase Order will prevail unless the Purchase Order expressly contemplate otherwise. Acceptance of the Purchase Order and/or performance of the Purchase Order will be deemed to be acceptance of this specification notwithstanding that the acceptance of any documentation of the Contractor may contain a similar term. (b) If the Contractor is unable or unwilling to accept any of the specifications contained in the Purchase Order, then the Purchase Order must be immediately returned to the Purchaser.