Common use of CONTRACT OF PURCHASE Clause in Contracts

CONTRACT OF PURCHASE. Subject to the terms and conditions stated herein (including all drawings, specifications and other documents attached to this offer or referred to in this offer), Xxxxxx agrees to sell and Xxxxx agrees to purchase from Seller, the goods or services described in this order. Seller shall acknowledge receipt and acceptance of each purchase order or release within three (3) business days; however, if for any reason Seller shall fail to return to the Buyer the signed acknowledgement copy of this order, any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute unqualified acceptance by Seller of this order and all of its terms and conditions. The terms of this order shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties and may be modified only by written instrument executed by the authorized representatives of both parties. Any terms proposed by the Seller which add to, vary from or conflict with the terms herein are hereby objected to. If this order has been issued by Xxxxx in response to Seller’s offer, and if any of the terms herein are additional to or different from the terms of such offer, then the issuance of this order by Buyer shall constitute an acceptance of such offer, subject to the express condition that this order and its terms constitutes the entire agreement between Buyer and Seller with respect to the subject matter hereof and the subject matter of such offer. Further, Seller shall be deemed to have so assented and acknowledged unless Xxxxxx notifies Buyer to the contrary in writing within (7) calendar days of receipt of this order. Any reference by Buyer to Seller’s proposal is solely for the purpose of incorporating the description and specifications of the goods and services contained therein to the extent that such description and specifications do not conflict with the description and specifications on the face of this order.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Purchase Agreement

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CONTRACT OF PURCHASE. Subject to the terms and conditions stated herein and on the order (including all drawings, specifications and other documents attached to this offer or referred to in this offerthe order), Xxxxxx Supplier agrees to sell and Xxxxx agrees to purchase from SellerSupplier, the goods or and/or services described in this the order. Seller Supplier shall acknowledge receipt and acceptance of each purchase order or release within three (3) business days; however, if for any reason Seller Supplier shall fail to return to the Buyer the signed acknowledgement copy of this the order, any conduct by Seller Supplier which recognizes the existence of a contract pertaining to the subject matter hereof of the order shall constitute unqualified acceptance by Seller Supplier of this the order and all of its terms and conditions, including the terms herein. The terms of this order the order, including the terms herein, shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties and may be modified only by written instrument executed by the authorized representatives of both parties. Any terms proposed by the Seller Supplier which add to, vary from or conflict with the terms herein of the order, including the terms herein, are hereby objected to. If this the order has been issued by Xxxxx in response to SellerSupplier’s offer, and if any of the terms on the order or herein are additional to or different from the terms of such offer, then the issuance of this the order by Buyer shall constitute an acceptance of such offer, subject to the express condition that this the terms of the order and its the terms constitutes herein constitute the entire agreement between Buyer and Seller Supplier with respect to the subject matter hereof and the subject matter of such offer. Further, Seller Supplier shall be deemed to have so assented and acknowledged unless Xxxxxx Supplier notifies Buyer to the contrary in writing within (7) calendar days of receipt of this the order. Any reference by Buyer to SellerSupplier’s proposal is solely for the purpose of incorporating the description and specifications of the goods and and/or services contained therein to the extent that such description and specifications do not conflict with the description and specifications on the face of this the order.

Appears in 1 contract

Samples: www.corporate.carrier.com

CONTRACT OF PURCHASE. Subject to the terms and conditions stated herein (including all drawings, specifications and other documents attached to this offer or referred to in this offer), Xxxxxx Seller agrees to sell to Buyer and Xxxxx agrees to purchase from Seller, the goods or services described in this order. Seller shall acknowledge receipt and acceptance of each purchase order or release within three (3) business days; however, if If for any reason Seller shall fail to return to the Buyer the signed acknowledgement copy of this order, any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute unqualified acceptance by Seller of this order and all of its terms and conditions. The terms of this order shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties and may be modified only by written instrument executed by the authorized representatives of both parties. Any terms proposed by the Seller which add to, vary from or conflict with the terms herein are hereby objected to. If this order has been issued by Xxxxx in response to Seller’s offer, offer and if any of the terms herein are additional to or different from the terms of such offer, then the issuance of this order by Buyer shall constitute an acceptance of such offer, subject to the express condition that this order and its terms constitutes the entire agreement between Buyer and Seller with respect to the subject matter hereof and the subject matter of such offer. Further, Seller shall be deemed to have so assented and acknowledged unless Xxxxxx notifies Buyer to the contrary in writing within (7) calendar days of receipt of this order. Any reference by Buyer to Seller’s proposal is solely for the purpose of incorporating the description and specifications of the goods and services contained therein to the extent that such description and specifications do not conflict with the description and specifications on the face of this order.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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CONTRACT OF PURCHASE. Subject to the terms and conditions stated herein (including all drawings, specifications and other documents attached to this offer or referred to in this offer), Xxxxxx Seller agrees to sell and Xxxxx Buyer agrees to purchase from Seller, the goods or services described in this order. Seller shall acknowledge receipt and acceptance of each purchase order or release within three (3) business days; however, if for any reason Seller shall fail to return to the Buyer the signed acknowledgement copy of this order, any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute unqualified acceptance by Seller of this order and all of its terms and conditions. The terms of this order shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties and may be modified only by written instrument executed by the authorized representatives of both parties. Any terms proposed by the Seller which add to, vary from or conflict with the terms herein are hereby objected to. If this order has been issued by Xxxxx Buyer in response to Seller’s offer, and if any of the terms herein are additional to or different from the terms of such offer, then the issuance of this order by Buyer shall constitute an acceptance of such offer, subject to the express condition that this order and its terms constitutes the entire agreement between Buyer and Seller with respect to the subject matter hereof and the subject matter of such offer. Further, Seller shall be deemed to have so assented and acknowledged unless Xxxxxx Seller notifies Buyer to the contrary in writing within (7) calendar days of receipt of this order. Any reference by Buyer to Seller’s proposal is solely for the purpose of incorporating the description and specifications of the goods and services contained therein to the extent that such description and specifications do not conflict with the description and specifications on the face of this order.

Appears in 1 contract

Samples: Purchase Agreement Attachment D

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