Common use of General Miscellaneous Clause in Contracts

General Miscellaneous. 15.1 No amendment, modification, termination or waiver of any provision of these Terms and Conditions or of any Agreement, and no consent to any departure by either its parties, shall under any circumstances be effective unless the same shall be in writing and signed by both parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Supplier in any event, case or occurrence, shall of itself entitle the Supplier to any other or further notice or demand in any similar or other circumstances. 15.2 The headings of the various provisions of these Terms and Conditions are solely for convenience and shall not be used for the purposes of interpreting the same. 15.3 If any provision hereof or any part of any provision is or is held by any competent court or authority to be invalid or unenforceable, such provision or part of any provision will be deemed severed and omitted, the remaining portions hereof continuing in full force and effect. If required, BMW and the Supplier shall replace such invalid or unenforceable provision with a valid and enforceable provision having similar economic consequences, provided that the content of the Terms and Conditions is not materially altered. 15.4 No course of dealings between the Supplier and BMW or any delay or omission of BMW to exercise any right or remedy granted under these Terms and Conditions or under the Agreement shall operate as a waiver of such rights, and every right and remedy of BMW provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity. 15.5 The Supplier agrees to permit BMW or its representatives to inspect all documents, instruments, books and records relating to any Agreement or the Goods and/or Services which are the subject of such Agreement during regular business hours upon forty-eight (48) hours notice. The must be paid to the Provider by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

Appears in 1 contract

Sources: Purchasing Conditions

General Miscellaneous. 15.1 18.1 No amendment, modification, termination or waiver of any provision of these Terms and Conditions or of any Agreement, and no consent to any departure by either its partiesparty there from, shall under any circumstances be effective unless the same shall be in writing and signed by both parties, and then such waiver or consent shall be effective eff ective only in the specific instance and for the specific purpose for which given. No notice to or demand dem and on the Supplier Contractor in any event, case or occurrence, shall of itself entitle the Supplier Contractor to any other or further notice or demand in any similar or other circumstances. 15.2 18.2 The headings of the various provisions of these Terms and Conditions are solely for convenience and shall not be used for the purposes of interpreting the same. 15.3 18.3 If any provision hereof or any part of any provision is or is held by any competent court or authority to be invalid or unenforceable, such provision or part of any provision will be deemed severed and omitted, the remaining portions hereof continuing in full force and effect. If required, BMW and the Supplier Contractor shall replace such invalid or unenforceable provision with a valid and enforceable provision having similar economic consequences, provided that the content of the Terms and Conditions is not materially altered. 15.4 18.4 No course of dealings between the Supplier Contractor and BMW or any delay or omission of BMW to exercise any right or remedy granted under these Terms and Conditions or under the Agreement shall operate as a waiver of such rights, and every right and remedy of BMW provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity. 15.5 The Supplier 18.5 Contractor agrees to permit BMW or its representatives to inspect all documents, instruments, books and records relating to any Agreement or the Goods and/or Services which are the subject of such Agreement during regular business hours upon forty-eight forty -eight (48) hours notice. The must be paid Cont ractor agrees to maintain all such records for at least ten (10) years after the Provider last delivery of the Goods and/or Services to BMW, unless otherwise agreed or unless a longer period is otherwise required by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be providedlaw.

Appears in 1 contract

Sources: Purchasing Terms and Conditions

General Miscellaneous. 15.1 14.1 No amendment, modification, termination or waiver of any provision of these Terms and Conditions or of any Agreement, and no consent to any departure by either its parties, shall under any circumstances be effective unless the same shall be in writing and signed by both parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Supplier in any event, case or occurrence, shall of itself entitle the Supplier to any other or further notice or demand in any similar or other circumstances. 15.2 14.2 The headings of the various provisions of these Terms and Conditions are solely for convenience and shall not be used for the purposes of interpreting the same. 15.3 14.3 If any provision hereof or any part of any provision is or is held by any competent court or authority to be invalid or unenforceable, such provision or part of any provision will be deemed severed and omitted, the remaining portions hereof continuing in full force and effect. If required, BMW and the Supplier shall replace such invalid or unenforceable provision with a valid and enforceable provision having similar economic consequences, provided that the content of the Terms and Conditions is not materially altered. 15.4 14.4 No course of dealings between the Supplier and BMW or any delay or omission of BMW to exercise any right or remedy granted under these Terms and Conditions or under the Agreement shall operate as a waiver of such rights, and every right and remedy of BMW provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity. 15.5 14.5 The Supplier agrees to permit BMW or its representatives to inspect all documents, instruments, books and records relating to any Agreement or the Goods and/or Services which are the subject of such Agreement during regular business hours upon forty-forty - eight (48) hours notice. The must Supplier agrees to maintain all such records for at least ten (10) years after the last delivery of the Goods and/or Services to BMW, unless otherwise agreed or unless a longer period is otherwise required by law. 14.6 Nothing in the Agreement or in these Terms and Conditions shall be paid deemed to constitute a partnership between the parties nor to constitute any party the agent of the other party nor to constitute the relation between the Supplier or any of its staff to BMW of an employee to the Provider employer. 14.7 Any proposal, acceptance, agreement, authority, permission or notice referred to in the Agreement or in these Terms and Conditions shall be in writing and shall be given if left at or sent by the Recipient without set off, deduction first class post or requirement for demand, at the same time as the GST exclusive consideration is payable or to be providedfacsimile transmission (with confirmation copy by first class post).

Appears in 1 contract

Sources: BMW Group Purchasing Terms and Conditions for Non Production Related Supplies

General Miscellaneous. 15.1 No amendment, modification, termination or waiver of any provision of these Terms and Conditions or of any Agreement, and no consent to any departure by either its parties, shall under any circumstances be effective unless the same shall be in writing and signed by both parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Supplier in any event, case or occurrence, shall of itself entitle the Supplier to any other or further notice or demand in any similar or other circumstances. 15.2 The headings of the various provisions of these Terms and Conditions are solely for convenience and shall not be used for the purposes of interpreting the same. 15.3 If any provision hereof or any part of any provision is or is held by any competent court or authority to be invalid or unenforceable, such provision or part of any provision will be deemed severed and omitted, the remaining portions hereof continuing in full force and effect. If required, BMW and the Supplier shall replace such invalid or unenforceable provision with a valid and enforceable provision having similar economic consequences, provided that the content of the Terms and Conditions is not materially altered. 15.4 No course of dealings between the Supplier and BMW or any delay or omission of BMW to exercise any right or remedy granted under these Terms and Conditions or under the Agreement shall operate as a waiver of such rights, and every right and remedy of BMW provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity. 15.5 The Supplier agrees to permit BMW or its representatives to inspect all documents, instruments, books and records relating to any Agreement or the Goods and/or Services which are the subject of such Agreement during regular business hours upon forty-eight (48) hours notice. The must be paid Supplier agrees to the Provider by the Recipient without set off, deduction or requirement maintain all such records for demand, at the same time as the GST exclusive consideration is payable or to be provided.least ten

Appears in 1 contract

Sources: Purchasing Conditions