Orders and Terms Clause Samples

Orders and Terms. 2.1 The Order constitutes an offer by the Buyer to purchase the Goods and/or Services as set out in the Order at the Price and will be deemed to be accepted by the Seller unless the Seller gives the Buyer written notice of its intention not to accept the offer within 3 business days after it receives the Order. 2.2 In consideration of the Seller supplying to the Buyer the Goods and/or performing the Services in accordance with the Contract, the Buyer agrees to pay the Price, set out in the Order and adjusted or calculated in accordance with the Contract, which is exclusive of GST, but is inclusive of all other costs, charges, duties and taxes. 2.3 The Contract constitutes the entire agreement between the parties. No prior representations will bind the parties unless such representations or agreements are set out in the Order or the Special Conditions. 2.4 If the Seller’s proposal or quotation is referenced in the Order, such reference will extend to include any technical qualifications, specifications or drawings, but any commercial terms and conditions will be excluded and will not form part of the Contract. 2.5 Where the Seller is certified to AS/NZS ISO 9001:2008 Quality management systems - Requirements as updated or amended from time to time in design, development, production, installation and servicing, the Contract must be fulfilled in accordance with the terms of that certification. 2.6 The Buyer will not be responsible for any order unless it has signed the relevant Order.