Common use of Purchase Documents Clause in Contracts

Purchase Documents. The attached purchase order or agreement (the “PO”) and all attachments, including these Standard Terms and Conditions of Purchase (“Terms,” and together with the PO, the “Agreement”) for the purchase of certain goods (“Goods”) are the complete agreement by and between Evonik Canada Inc. or any one of its affiliates or subsidiaries purchasing the Goods as set forth on the PO (“Buyer”) and the entity selling the Goods (“Seller”), and constitute the full understanding of the parties, and the complete and exclusive statement of the terms of their agreement. No other document, including Seller’s proposal, quotation, order confirmation and acknowledgement forms, and no condition, understanding or agreement purporting to modify or vary the terms of the Agreement shall be binding unless hereafter made in writing and signed by the parties. By accepting the PO, starting performance and/or shipping any Goods in connection with the PO, Seller acknowledges that Seller has read, understands, and agrees to be bound by the terms and conditions set forth in the Agreement. If Seller objects to any terms and conditions, Seller shall (a) notify Buyer in writing within three (3) days of receipt of the PO; and (b) withhold acceptance of the PO and not start any performance, or ship any Goods in connection with the PO until/unless such objection is settled in writing signed by Xxxxx and Seller. In the event of a conflict between the PO and these Terms and Conditions, the PO shall govern and control.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, corporate.evonik.com

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Purchase Documents. The attached purchase order or agreement (the “PO”) and all attachments, including these Standard Terms and Conditions of Purchase (“Terms,” and together with the PO, the “Agreement”) for the purchase of certain goods (“Goods”) are the complete agreement by and between Evonik Canada Inc. Corporation or any one of its affiliates or subsidiaries purchasing the Goods as set forth on the PO (“Buyer”) and the entity selling the Goods (“Seller”), and constitute the full understanding of the parties, and the complete and exclusive statement of the terms of their agreement. No other document, including Seller’s proposal, quotation, order confirmation and acknowledgement forms, and no condition, understanding or agreement purporting to modify or vary the terms of the Agreement shall be binding unless hereafter made in writing and signed by the parties. By accepting the PO, starting performance and/or shipping any Goods in connection with the PO, Seller acknowledges that Seller has read, understands, and agrees to be bound by the terms and conditions set forth in the Agreement. If Seller objects to any terms and conditions, Seller shall (a) notify Buyer in writing within three (3) days of receipt of the PO; and (b) withhold acceptance of the PO and not start any performance, or ship any Goods in connection with the PO until/unless such objection is settled in writing signed by Xxxxx and Seller. In the event of a conflict between the PO and these Terms and Conditions, the PO shall govern and control.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Purchase Documents. The attached purchase order or agreement (the “PO”) and all attachments, including these Standard Terms and Conditions of Purchase (“Terms,” and together with the PO, the “Agreement”) for the purchase of certain goods (“Goods”) are the complete agreement by and between Evonik Canada Inc. or any one of its affiliates or subsidiaries purchasing the Goods as set forth on in the PO (“Buyer”) and the entity selling the Goods (“Seller”, and collectively with the Buyer, the “Parties”), and constitute the full understanding of the partiesParties, and the complete and exclusive statement of the terms of their agreement. No other document, including Seller’s proposal, quotation, order confirmation and acknowledgement forms, and no condition, understanding or agreement purporting to modify or vary the terms of the Agreement shall be binding unless hereafter made in writing and signed by each of the partiesParties in compliance with Section 20 hereof. By accepting the PO, starting performance and/or shipping any Goods in connection with the PO, Seller acknowledges that Seller has read, understands, and agrees to be bound Any PO issued by the terms Seller and conditions set forth in delivered to the Agreement. If Buyer that is not acknowledged or rejected by Seller objects to any terms and conditions, Seller shall (a) notify Buyer in writing within three five (35) days after receipt by Seller of receipt any such PO shall be deemed to have been accepted by both of the PO; and (b) withhold acceptance of the PO and not start any performance, or ship any Goods in connection with the PO until/unless such objection is settled in writing signed by Xxxxx and SellerParties. In the event of a conflict between the PO and these Terms and Conditions, the PO shall govern and control.

Appears in 1 contract

Samples: corporate.evonik.com

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