Common use of Offer and Acceptance Clause in Contracts

Offer and Acceptance. This Purchase Order is only an offer to enter into a contract. For this Purchase Order to be a valid and effective order, it must be executed by a duly authorized agent of the Buyer. Buyer may revoke, amend or modify this offer at any time prior to Xxxxxx's acceptance. Any of the following acts constitute Seller's acceptance of this Purchase Order and all terms and conditions herein: (a) Seller's return of an acknowledgement of this Purchase Order; (b) Seller's commencement of performance pursuant to this Purchase Order; (c) Seller's delivery of any of the items or services ordered or (d) Seller's acceptance of payment hereunder. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected. Acceptance of this Purchase Order is limited to and conditioned upon acceptance of those terms contained on the face of this Purchase Order and those set forth herein, which terms can not be altered or amended without Buyer's express written agreement. Acceptance shall be binding upon Xxxxxx and Xxxxxx's successors, assigns and delegatees. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance Requirements.

Offer and Acceptance. This Purchase Order is only an These Hoeganaes Corporation Terms and Conditions of Sale (these “Terms and Conditions”), together with the terms of any other document in which these Terms and Conditions are attached or are incorporated (collectively, this “Agreement”) apply to (i) any quotation, proposal, or offer to enter into a contractsell (“Offer”) made by Hoeganaes Corporation or one of its affiliates or subsidiaries (collectively, “Seller”) for the sale of Seller’s goods and/or services (collectively, the “Goods”); (ii) any purchase order or related attachments, schedules, exhibits, designs and drawings (collectively, an “Order”), issued by the buyer-party purchasing the Goods or that party’s subsidiaries and affiliates (collectively, “Purchaser”); and (iii) any written master purchaser or supply agreement executed by Seller and Purchaser for the sale of the Goods. For this Purchase Order Purchaser accepts, and will be deemed to be a valid bound by, the terms of this Agreement upon the first to occur of the following: (A) Purchaser’s written acknowledgment of this Agreement in writing; (B) Purchaser placing an Order with Seller; (C) delivery of the Goods by Seller pursuant to any Order or similar type of request by Purchaser; (D) acceptance of the Goods by Purchaser; or (E) payment for the Goods by Purchaser. Purchaser’s acceptance is expressly limited to the terms of this Agreement and effective orderthis Agreement exclusively governs the sale of Goods by Seller. This Agreement expressly supersedes and excludes any terms and conditions set forth in any Order placed by Purchaser or any other document issued or deemed to be issued by Purchaser to Seller (including, it must without limitation, Purchaser’s general terms and conditions of purchase), each of which are expressly rejected; provided, however, Seller will be executed deemed to accept those portions of an Order issued by Purchaser that contain terms and conditions that are same as the terms and conditions set forth in this Agreement. Any reference in this Agreement to any request for quotation, request for proposal, or any other similar bid document made by Purchaser is solely for the purpose of incorporating the description and specifications of the Goods contained in such document, but only to the extent that such description and specifications do not conflict with the description and specifications contained in this Agreement or otherwise agreed to or accepted by Seller in writing. Any additional or different terms proposed by Purchaser, whether in Purchaser’s Order or otherwise, or any attempt by Purchaser to vary the terms of this Agreement in any way, are expressly rejected by Seller, are not part of this Agreement and do not apply to the sale of Goods, and are not binding on Seller without the express prior written acceptance of such terms by Seller’s authorized representative. None of the terms, provisions or conditions of this Agreement may be modified, altered or added to except by written instrument signed by a duly authorized agent representative of the Buyer. Buyer may revoke, amend or modify this offer at any time prior to Xxxxxx's acceptanceSeller and Purchaser. Any of agreed upon change may be subject to an equitable adjustment in the following acts constitute Seller's acceptance of this Purchase Order and all terms and conditions herein: (a) Seller's return of an acknowledgement of this Purchase Order; (b) Seller's commencement of performance pursuant to this Purchase Order; (c) Seller's delivery of any of the items or services ordered or (d) Seller's acceptance of payment hereunder. Any proposal purchase price and/or time for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected. Acceptance of this Purchase Order is limited to and conditioned upon acceptance of those terms contained on the face of this Purchase Order and those set forth herein, which terms can not be altered or amended without Buyer's express written agreement. Acceptance shall be binding upon Xxxxxx and Xxxxxx's successors, assigns and delegatees. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance Requirementsperformance.

Offer and Acceptance. This Purchase Order ("Order") is only an offer to Seller by Buyer to enter into a contractpurchase/supply agreement, and this, together with any documents, specifically referenced herein, represents the entire agreement between the parties. For this Purchase Order to be a valid The terms and effective order, it must be executed by a duly authorized agent conditions set forth herein and on the face side of the Order constitute the parties' contractual agreement and supercede any previous oral or written representations, including but not limited to provisions in Seller's quotations, proposals, acknowledgments or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated by this Order. The terms of this Order may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Buyer may revoke, amend or modify this offer at any time prior Any clerical errors contained on the face side are subject to Xxxxxxcorrection by Xxxxx. Seller's acceptance. Any written acknowledgment within 10 days of the following acts constitute Seller's date of this Order, commencement of work on the goods or performance of the services subject to this Order, or shipment of such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this Purchase Order and all terms and conditions herein: (a) Seller's return of an acknowledgement Order. Any acceptance of this Purchase Order; (b) Seller's commencement of performance pursuant Order is limited to this Purchase Order; (c) Seller's delivery of any acceptance of the items or services ordered or (d) Seller's acceptance of payment hereunderexpress terms set forth herein. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is or other documents are deemed material and are hereby objected to and rejected. Acceptance , but such proposals shall not operate as a rejection of this Purchase offer, unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods or services, and this offer shall be deemed accepted by Seller without said additional or different terms. If this Order shall be deemed an acceptance of a prior offer by Seller, such acceptance is limited to and conditioned upon acceptance of those the express terms contained on the face of this Purchase Order and those set forth herein. Buyer objects to any additional or contrary terms in Seller's quotation, which acknowledgement, or invoice, and the terms can not be altered or amended without Buyer's express written agreement. Acceptance herein shall be binding upon Xxxxxx and Xxxxxx's successors, assigns and delegateesthe parties. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance RequirementsAN ATTEMPTED ACKNOWLEDGEMENT OF THE ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THOSE STATED HEREIN IS NOT BINDING UPON BUYER UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.

Offer and Acceptance. This document and the applicable Exhibit A and/or Exhibit B, which are hereby incorporated, both as posted on xxxxxxxx.xxx and as updated from time to time, govern all purchases by the business organization identified as the “Purchaser” on the relevant order form and as further defined in Exhibit A and/or Exhibit B (“Purchase Order”). Such Purchase Order, together with this agreement (the “Agreement”), shall be the final expression of the terms and conditions between the parties for the sale of goods (“Goods”) or the provision of services (“Services”, and together with Goods, “Product”), which terms include collateral, signage, fixtures, and other materials related to the Product. The supplier of Product as identified on the Purchase Order is only an offer to enter into the “Vendor”. Vendor’s acceptance may be effected by (i) written confirmation, (ii) provision of Product in accordance with a contract. For this Purchase Order to be a valid and effective order, it must be executed by a duly authorized agent of the Buyer. Buyer may revoke, amend or modify this offer at any time prior to Xxxxxx's acceptance. Any of the following acts constitute Seller's acceptance of this Purchase Order and all terms and conditions herein: (a) Seller's return of an acknowledgement of this Purchase Order, (iii) participation in an agreed upon inventory replenishment program, (iv) other Vendor performance in accordance herewith; (b) Seller's commencement provided that, if Vendor does not ship all Goods ordered thereunder on or before the “Cancel Date” specified therein, then, in addition to any other rights of performance pursuant to this Purchase Order; (c) Seller's delivery of any of Purchaser under law, Purchaser may declare that the items or services ordered or (d) Seller's acceptance of payment hereunder. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected. Acceptance of this Purchase Order is limited null and void as to those Goods. No terms in any acceptance or other writing from Vendor shall be deemed to form a part hereof. Purchaser hereby expressly objects to and conditioned upon rejects any Vendor attempt to condition its acceptance of those terms contained on the face of this a Purchase Order and those set forth herein, which terms can not be altered or amended without Buyer's express written agreementupon any such change. Acceptance All Purchase Orders shall be binding upon Xxxxxx and Xxxxxx's successors, assigns and delegatees. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends deemed to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller be executory contracts until Vendor has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance Requirementsfully performed all terms.

Offer and Acceptance. This Purchase Order is only an These SLP Supply Terms and Conditions of Sale (these “Terms and Conditions”), together with the terms of any other document in which these Terms and Conditions are attached or are incorporated (collectively, this “Agreement”) apply to (i) any quotation, proposal, or offer to enter into a contractsell (“Offer”) made by Strategic Xxx Xxxxxxxx, LLC (“Seller”) for the sale of Seller’s goods and/or services (collectively, the “Goods”); (ii) any purchase order or related attachments, schedules, exhibits, designs and drawings (collectively, an “Order”), issued by the buyer-party purchasing the Goods or that party’s subsidiaries and affiliates (collectively, “Purchaser”); and (iii) any written master purchaser or supply agreement executed by Seller and Purchaser for the sale of the Goods. For this Purchase Order Purchaser accepts, and will be deemed to be a valid bound by, the terms of this Agreement upon the first to occur of the following: (A) Purchaser’s written acknowledgment of this Agreement in writing; (B) Purchaser placing an Order with Seller; (C) delivery of the Goods by Seller pursuant to any Order or similar type of request by Purchaser; (D) acceptance of the Goods by Purchaser; or (E) payment for the Goods by Purchaser. Purchaser’s acceptance is expressly limited to the terms of this Agreement and effective orderthis Agreement exclusively governs the sale of Goods by Seller. Any reference in this Agreement to any request for quotation, request for proposal, or any other similar bid document made by Purchaser is solely for the purpose of incorporating the description and specifications of the Goods contained in such document, but only to the extent that such description and specifications do not conflict with the description and specifications contained in this Agreement or otherwise agreed to or accepted by Seller in writing. Any additional or different terms proposed by Purchaser, whether in Purchaser’s Order or otherwise (including, without limitation, Purchaser’s general terms and conditions of purchase), or any attempt by Purchaser to vary the terms of this Agreement in any way, are expressly rejected by Seller, are not part of this Agreement and do not apply to the sale of Goods, and are not binding on Seller without the express prior written acceptance of such terms by Seller’s authorized representative; provided, however, Seller will be deemed to accept those portions of an Order issued by Purchaser that contain terms and conditions that are same as the terms and conditions set forth in this Agreement. The parties have agreed and it must is their intent that the “battle of the forms” described in Section 2-207 of the Uniform Commercial Code will not apply to this Agreement or to any Order or other purchasing document of Purchaser relating to this Agreement. None of the terms, provisions or conditions of this Agreement may be executed modified, altered or added to except by written instrument signed by a duly authorized agent representative of the Buyer. Buyer may revoke, amend or modify this offer at any time prior to Xxxxxx's acceptanceSeller and Purchaser. Any of agreed upon change may be subject to an equitable adjustment in the following acts constitute Seller's acceptance of this Purchase Order and all terms and conditions herein: (a) Seller's return of an acknowledgement of this Purchase Order; (b) Seller's commencement of performance pursuant to this Purchase Order; (c) Seller's delivery of any of the items or services ordered or (d) Seller's acceptance of payment hereunder. Any proposal purchase price and/or time for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected. Acceptance of this Purchase Order is limited to and conditioned upon acceptance of those terms contained on the face of this Purchase Order and those set forth herein, which terms can not be altered or amended without Buyer's express written agreement. Acceptance shall be binding upon Xxxxxx and Xxxxxx's successors, assigns and delegatees. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance Requirementsperformance.

Offer and Acceptance. This Any Purchase Order is only an offer to enter into a contract. For this Purchase Order to be a valid MFS Investment Management and effective order, it must be executed by a duly authorized agent of the Buyer. Buyer its affiliates (“MFS” or “we”) may revoke, amend or modify this offer any Purchase Order at any time prior to Xxxxxx's acceptanceour acceptance of delivery. Any of the following acts constitute constitutes Seller's ’s acceptance of this Purchase Order and all these terms and conditions herein: together with the accompanying Purchase Order, if any, (together, the or this “Agreement”): (a) Seller's ’s execution and return of an acknowledgement the acknowledgment copy of this Purchase Order; Agreement or Seller’s own acknowledgment form, (b) Seller's ’s commencement of performance pursuant to under this Purchase Order; Agreement, (c) Seller's delivery receipt by MFS of any of the items products ordered hereunder or services ordered or Seller’s commencement of providing services, (d) Seller's ’s acceptance of any payment by us hereunder, or (e) Seller’s response to any Request For Proposal from us (“RFP”). Any proposal for additional or different Notwithstanding the foregoing, Seller’s response to an RFP indicates Seller’s acceptance to these terms or and conditions in the event MFS selects Seller and enters into a formal arrangement with Seller. Nothing herein shall obligate MFS to enter into any attempt by agreement with Seller based on Seller’s response to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejectedan RFP. Acceptance of this any Purchase Order or any other written MFS offer (collectively “MFS Offer”) is expressly limited to and conditioned upon acceptance of those the terms contained on set forth below, notwithstanding any contrary provisions in Seller’s invoices, acknowledgment forms or other documents. MFS hereby objects to any terms proposed by Seller in Seller’s acceptance or acknowledgment of an MFS Offer which add to, vary from, or conflict with the face terms of this Purchase Order Agreement. Any such proposed terms shall not operate as a rejection of this offer but are deemed a material alteration, and those set forth the MFS Offer shall be deemed accepted by the Seller without said additional or different terms. Any terms in Seller’s invoices, acknowledgment forms, other documents claiming that products are supplied “as is,” disclaiming implied warranties of fitness or merchantability, and/or providing express warranties that displace or limit the warranties stated herein, which are objected to and shall be of no force or effect. The terms can and conditions of this offer cannot be altered or amended without Buyer's our express written agreementagreement prior to your commencing performance under this Agreement. Acceptance of an MFS Offer shall be binding upon Xxxxxx and Xxxxxx's ’s successors, assigns and delegatees. If this Purchase Order is for goods, Seller expressly agrees it shall provide Buyer with at least 6 months prior written notice if Seller intends to materially change its manufacturing process or makes changes to the parts, paints and other materials used in any production part approval process (PPAP) that Seller has previously provided to Buyer and otherwise comply with the requirements set forth in Buyer’s then-current supplier quality manual, such as its QAR1000 – Quality Assurance Requirements.