THE TERMS GOVERN Sample Clauses

THE TERMS GOVERN. THE SUPPLY OF THE GOODS AND/OR SERVICES TO THE EXCLUSION OF ANY TERMS AND CONDITIONS ENDORSED UPON, DELIVERED WITH OR CONTAINED IN THE SUPPLIER'S QUOTATION, ACKNOWLEDGEMENT OR ACCEPTANCE OF ORDER, INVOICE OR SIMILAR DOCUMENT AND BY DELIVERING THE GOODS OR PERFORMING THE SERVICES THE SUPPLIER WAIVES ANY RIGHT WHICH IT OTHERWISE MIGHT HAVE TO RELY ON SUCH TERMS OR CONDITIONS. 3.3 The Supplier must give the PO number and date on all delivery advices and notes, invoices, correspondence and packaging relating to the Agreement. 4 Quality and Defects 4.1 Goods must be of the best available design, quality, material and workmanship, without fault and conform in all respects with the PO and Specifications and will comply with all statutory requirements and regulations relating to the Goods. 4.2 Services must be performed to the highest standard and conform in all respects with the PO and Specifications and will comply with all statutory requirements and regulations relating to the performance of the Services. 4.3 Supplier must at all times in connection with this Agreement comply with all applicable laws and regulations. 5 Delivery and acceptance 5.1 The Goods must be: (1) packed and secured in accordance with industry standards and any instructions issued by Oriflame to protect the Goods during transport to ensure they reach their destination undamaged; (2) marked according to the Delivery Instructions; (3) be delivered at the Place of Delivery on the Delivery Date and according to the Delivery Terms; and (4) off-loaded and stacked by Supplier as directed by Oriflame. 5.2 The PO states the date and time for delivery of the Goods, or if no date is specified delivery must take place within 28 days of the PO. If no time is specified in the PO the Goods will only be accepted by Oriflame during normal business hours. 5.3 The date or dates for performance and completion of the Services is specified in the PO or, where no date is specified, as agreed in writing with Oriflame. 5.4 Time for delivery of the Goods and performance of the Services is of the essence. 5.5 Oriflame is not deemed to have accepted any Goods and/or Services until Oriflame has had a reasonable time to inspect them following delivery or performance or, if later, within a reasonable time after any defect in the Goods and/or Services has become apparent. 6 Supplier Code of Conduct 6.1 Supplier must at all times in connection with this Agreement comply with Oriflame’s Supplier Code of Conduct which is av...
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THE TERMS GOVERN. THE SUPPLY OF THE GOODS AND/OR SERVICES TO THE EXCLUSION OF ANY TERMS AND CONDITIONS ENDORSED UPON, DELIVERED WITH OR CONTAINED IN THE SUPPLIER'S QUOTATION, ACKNOWLEDGEMENT OR ACCEPTANCE OF ORDER, INVOICE OR SIMILAR DOCUMENT AND BY DELIVERING THE

Related to THE TERMS GOVERN

  • Terms of Plan Govern Each Award made hereunder is made pursuant to the Norfolk Southern Corporation Long‑Term Incentive Plan (Plan), all the terms and conditions of which are deemed to be incorporated in this Agreement and which forms a part of this Agreement. The Participant agrees to be bound by all the terms and provisions of the Plan and by all determinations of the Committee thereunder. Capitalized terms used in this Agreement but not defined herein shall have the same meanings as in the Plan.

  • Agreement Governs This Agreement is to be deemed consistent wherever possible with relevant provisions of the By-Laws and Articles of Incorporation of the Company; however, in the event of a conflict between this Agreement and such provisions, the provisions of this Agreement shall control.

  • LAW TO GOVERN This Agreement is executed and delivered in the State of Texas and shall be governed, construed, and enforced in accordance with the laws of the State of Texas.

  • Defined Terms and Rules of Construction Reference is made to the Glossary of Defined Terms and Rules of Construction (as the same may be supplemented, amended or modified, the “Glossary”) attached as Exhibit A to the Indenture. The Glossary is incorporated herein by reference. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Glossary.

  • Terms Generally; Rules of Construction The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” as used in this Agreement shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth in the Loan Documents), (b) any reference herein to any law shall be construed as referring to such law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to the restrictions contained in the Loan Documents), (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) with respect to the determination of any time period, the word “from” means “from and including” and the word “to” means “to and including” and (f) any reference herein to Articles, Sections, Annexes, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. No provision of this Agreement or any other Loan Document shall be interpreted or construed against any Person solely because such Person or its legal representative drafted such provision.

  • Definitions and Rules of Construction 1.1 Unless otherwise defined herein, the following capitalized terms shall have the following meanings:

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Defined Terms; Interpretation; Etc Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The rules of construction set forth in Section 1.03 of the Credit Agreement shall apply equally to this Assumption Agreement. This Assumption Agreement shall be a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

  • NEW YORK LAW TO GOVERN THE INTERNAL LAW OF THE STATE OF NEW YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE BUT WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTS OF LAW TO THE EXTENT THAT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY.

  • Interpretation and Definition of Terms Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Act shall be resolved by reference to such term or provision of the Act and to interpretation thereof, if any, by the United States courts, or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission validly issued pursuant to the Act. Specifically, the terms "vote of a majority of the outstanding voting securities," "interested persons," "assignment" and "affiliated person," as used in this Agreement shall have the meanings assigned to them by Section 2(a) of the Act. In addition, when the effect of a requirement of the Act reflected in any provision of this Agreement is modified, interpreted or relaxed by a rule, regulation or order of the Securities and Exchange Commission, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

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