Common use of the Order Clause in Contracts

the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the ADPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 – Part A (Material Modifications). If one or more clauses of this Agreement are affected by nullity or if they are rendered inapplicable by the effect of the applicable law or by a decision imposed on the parties, this will not have the effect of causing the nullity of the whole of this Agreement, nor of altering the validity and mandatory nature of all the other clauses. The Parties agree to make the necessary amendments to the affected clause so that the it can bring an effect that comes as close as possible to the original will of the parties.

Appears in 2 contracts

Samples: Apex Agreement, Apex Agreement

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the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this APEX Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the ADPA Partner DPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 – Part A (Material Modifications). If one or more clauses of this Agreement are affected by nullity or if they are rendered inapplicable by the effect of the applicable law or by a decision imposed on the parties, this will not have the effect of causing the nullity of the whole of this Agreement, nor of altering the validity and mandatory nature of all the other clauses. The Parties agree to make the necessary amendments to the affected clause so that the it can bring an effect that comes as close as possible to the original will of the parties.

Appears in 1 contract

Samples: Reseller Agreement

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the Order. You acknowledge that You have read the Agreement, that You understand it, that You agree to be bound by its terms, and that the Agreement, is the complete and exclusive statement of the agreement between You and Dell regarding the APEX Service You are purchasing now (and subsequent add-ons to that Order). All previous representations, discussions, and writings are superseded by this APEX Agreement and the parties disclaim any reliance on them. All content referenced in the Agreement by hyperlink is incorporated into the Agreement in its entirety and is available to You in hardcopy form upon Your request. The pre-printed terms of Your purchase order or any other document that is not issued or signed by Dell do not apply to the APEX Service. You represent that You did not rely on any representations or statements that do not appear in the Agreement when accepting the Agreement. The Agreement may only be modified in writing signed by both parties; provided, however, that Dell may, in its sole discretion update the AUP, the AISMA, and the ADPA Partner DPA at any time. Dell will provide written notice if any such updates result in a material modification under Clause 3.2 – Part A (Material Modifications). If Modifications).If one or more clauses of this Agreement are affected by nullity or if they are rendered inapplicable by the effect of the applicable law or by a decision imposed on the parties, this will not have the effect of causing the nullity of the whole of this Agreement, nor of altering the validity and mandatory nature of all the other clauses. The Parties agree to make the necessary amendments to the affected clause so that the it can bring an effect that comes as close as possible to the original will of the parties.

Appears in 1 contract

Samples: Apex Reseller Agreement

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