Common use of Controlling Terms Clause in Contracts

Controlling Terms. The terms and conditions of this Agreement and of the applicable AltiGen order confirmation pursuant to Section 5.2 ("Acceptance of Orders") above, shall apply to each order accepted or shipped by AltiGen hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation other than confirmation pursuant to Section 5.2 above that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned, unless both parties hereto expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 4 contracts

Samples: Distribution Agreement (Altigen Communications Inc), Distribution Agreement (Altigen Communications Inc), Distribution Agreement (Altigen Communications Inc)

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Controlling Terms. The terms and conditions of this Agreement and of the applicable AltiGen Communications order confirmation pursuant to Section 5.2 ("Acceptance of Orders") above, shall apply to each order accepted or shipped by AltiGen Communications hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation other than confirmation pursuant to Section 5.2 above that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned, unless both parties hereto expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 1 contract

Samples: Distribution Agreement (Altigen Communications Inc)

Controlling Terms. The terms and conditions of this Agreement and of the applicable AltiGen Communications order confirmation pursuant to Section 5.2 6.2 ("Acceptance of Orders") above, shall apply to each order accepted or shipped by AltiGen Communications hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation other than confirmation pursuant to Section 5.2 6.2 above that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned, unless both parties hereto expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 1 contract

Samples: Distribution Agreement (Altigen Communications Inc)

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Controlling Terms. The terms and conditions of this Agreement and of the applicable AltiGen order confirmation pursuant to Section 5.2 7.2 ("Acceptance of Orders") above, shall apply to each order accepted or shipped by AltiGen hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation other than confirmation pursuant to Section 5.2 7.2 above that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned, unless both parties hereto expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 1 contract

Samples: Distributor Agreement (Altigen Communications Inc)

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