Common use of Offer and Acceptance Clause in Contracts

Offer and Acceptance. Supplier’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in Supplier’s acceptance of Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, or communication submitted by Supplier, or any attempt by Supplier to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writing, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by Supplier, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 7 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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Offer and Acceptance. SupplierContractor’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier Contractor of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to SupplierContractor’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in SupplierContractor’s acceptance of Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier Contractor and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon SupplierContractor’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, or communication submitted by SupplierContractor, or any attempt by Supplier Contractor to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writing, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by SupplierContractor, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 4 contracts

Samples: General Terms, General Terms and Conditions, General Terms

Offer and Acceptance. Supplier’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in Supplier’s acceptance of Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, or communication commu nication submitted by Supplier, or any attempt by Supplier to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writing, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by Supplier, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement for Labor Services

Offer and Acceptance. SupplierConsultant’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier Consultant of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to SupplierConsultant’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in SupplierConsultant’s acceptance of Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier Consultant and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon SupplierConsultant’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, or communication submitted by SupplierConsultant, or any attempt by Supplier Consultant to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writing, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by SupplierConsultant, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Offer and Acceptance. SupplierContractor’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier Contractor of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to SupplierContractor’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in SupplierContractor’s acceptance of Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier Contractor and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon SupplierContractor’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, or communication submitted by SupplierContractor, or any attempt by Supplier Contractor to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writingPurchaser, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by SupplierContractor, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 1 contract

Samples: www.firstenergycorp.com

Offer and Acceptance. Supplier’s acknowledgement, commencement of performance, or any conduct which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Supplier of the Agreement and all of its terms and conditions. Acceptance of the Agreement is expressly limited to Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms provided in Supplier’s acceptance of the Purchaser’s offer which vary in any degree from any of the terms herein or expressly referenced on the face of the Agreement shall be deemed material and are hereby objected to and rejected. If the Agreement shall be deemed an acceptance by Purchaser in response to an offer by Supplier and if any terms herein are additional to or different from any terms of such offer, then the issuance of the Agreement by Purchaser shall constitute an acceptance expressly conditioned upon Supplier’s assent to all of the terms and conditions of the Agreement. Additional or different terms in any acknowledgement, invoice, invoice or communication commun ication submitted by Supplier, or any attempt by Supplier to vary in any degree any of the terms of the Agreement, unless expressly agreed to by Purchaser in writing, shall be deemed material and are hereby objected to and rejected. Any such terms proposed by Supplier, whether by offer or acceptance, shall be void unless expressly agreed to in writing by Purchaser.

Appears in 1 contract

Samples: Master Service Agreement

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