GENERAL TERMS AND CONDITIONS OF SALE. The following terms and conditions shall govern all sales of goods by Mission Clay Products LLC, South Central Division or any of its divisions or subsidiaries (A Seller@) unless there is a separately signed agreement to the contrary signed by Buyer and an authorized representative of Seller. Buyer agrees to be bound to these General Terms and Conditions and the Credit Agreement in all sales made by Seller. The terms goods, materials and products are used interchangeably.
GENERAL TERMS AND CONDITIONS OF SALE. SCOPE - ENFORCEABILITY These general terms and conditions of sale (or "GTCS") apply to the sale of equipment and the provision of all services by CLS, such as (i) connectivity/data transmission services, notably space, air, ground or in situ data, (ii) value-added services based on the aforementioned data and (iii) other services such as equipment leasing or maintenance, hereinafter referred to as the "Products" or "Services". The Products and Services are solely aimed at professionals or public institutions in France or abroad (hereinafter referred to as "Customer(s)"). Under no circumstances may the Customer be regarded as a consumer and thereby claim to be entitled to benefit from any regulations relating to consumer protection. Any order of Products/Services by a Customer automatically implies the Customer's acceptance of these GTCS, which constitute the sole basis for any commercial negotiations, in accordance with the provisions of Article L. 441-6 of the French Commercial Code. Any other documents, in particular catalogues, brochures, advertisements, notices, etc., are for information purposes and guidance only, and are not binding. In addition, any document provided by the Customer (e.g. its general terms and conditions of purchase or the Customer's purchase order) shall only be binding in relation to CLS if the latter has expressly accepted the provisions of such document in writing and after balanced negotiations between the Customer and CLS. The fact that, at any given time, CLS does not invoke a particular provision contained in these GTCS shall not be interpreted as a waiver of CLS' right to invoke that provision at a later date. In accordance with the regulations in force, CLS reserves the right to waive certain clauses of these GTCS, on the basis of negotiations conducted with the Customer, and set out in Specific Terms and Conditions of Sale (or "STCS"). These STCS may also specify the rules applicable to other products, services or third-party software. If several contractual documents exist, the following order of priority shall apply:
GENERAL TERMS AND CONDITIONS OF SALE. 1. The price and terms herein specified may be adjusted by Seller at any time after expiration of the Initial Term by written notice from Seller dispatched at least thirty (30) days prior to the effective date of such adjustment. Buyer shall be deemed to have consented to such adjustment unless written rejection of the adjustment is given to Seller before the effective date thereof. Upon receipt of such rejection, Buyer and Seller will have thirty (30) days to reach agreement on the adjustment. If agreement is not reached within thirty (30) days, Buyer will have the right to terminate this Contract at any time thereafter upon thirty (30) days prior notice. Any such adjustment shall apply to all Products shipped by Seller hereunder on and after the effective date thereof unless subsequently again adjusted by Seller. In the event Seller is prevented by any governmental restriction from increasing any price herein or adjusting any term, or from continuing any price or term already in effect, Seller may terminate this Contract by written notice dispatched thirty (30) days prior to date of termination.
GENERAL TERMS AND CONDITIONS OF SALE. Section 8 “Seller warrants and represents that the Product is at delivery free from defects in design, materials and workmanship and conform to any specifications provided for one (1) year. A Product is considered defective only if it is not compliant with the specifications thereof. The Warranty is limited to the repair or replacement of the Products which are determined to be defective through inspection and evaluation by Seller or a representative designated Seller. This Warranty shall be null and void if the Product is found to have been damaged due to misuse or mishandling, or any unintended use. This Warranty shall not apply to normal tear and wear. Shipping the Product to Seller for return or repair and/or replacement will be the responsibility of Buyer unless otherwise agreed in writing by the parties. Shipping the Product back to Buyer after repair or replacement will be the responsibility of Seller. Any unauthorized repair or alteration of the Product will void this Warranty in its entirety. Except as provided in this section, Seller makes no representation or warranty of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. For the avoidance of doubt, Seller is not responsible for any warranty Buyer provides to its customers which deviates from this section.”
GENERAL TERMS AND CONDITIONS OF SALE. All Licensor’s products and services including, but without limitation, Licensor’s own and third party products and services are supplied by Licensor under its general terms and conditions of sale (“IGSTCs”) which are available at the Licensor’s website at www.interchangegroup.com/legal_notices.shtml (the “Website”) and are hereby incorporated into this Licence. In respect of the subject matter hereof, IGSTCs shall be read in conjunction with the Sale Agreement to determine the Contract Particulars and in the event of any discrepancy between this Licence and IGSTCs the terms of this Licence shall prevail.
GENERAL TERMS AND CONDITIONS OF SALE. 11.1.1 The following terms and conditions of supply and payment shall be deemed to have been accepted by the customer when he places the order. General conditions of business of the customer and departures from the present conditions shall be valid only if they are expressly acknowledged in writing by Mikron Corporation.
GENERAL TERMS AND CONDITIONS OF SALE. All orders, offers, acceptances, confirmations, contracts, shipments and sales between Customer and NESL include and are subject to the following terms and condition notwithstanding any contrary provisions of any purchase order or other correspondence or communication from Customer.