Contract Formation Musterklauseln
Contract Formation. 2.1. Contracts for the supply of goods (order and acceptance) shall only be valid if they are in writing. If, in any individual case, the Parties make other arrangements and agreements, such arrangements or agreements must be confirmed in writing in detail without delay. Offers by the Supplier must correspond to ▇▇▇▇▇’▇ enquiry or must contain express references to any departures therefrom. Offers by Suppliers shall be free-of-charge to LEONI.
2.2. Prior to delivery of goods and services, LEONI may demand changes in respect of the delivery date, the subject-matter of contract, quantity and the design thereof, provided that this is not unreasonable to the Supplier. Inso- far such changes impact on costs or deadlines, the Parties shall reach an appropriate agreement with respect thereto. Call-off orders for the supply of goods may also be transmitted by means of remote data transmission.
Contract Formation. 2.1 In case of supplies made by TELE Haase to customers
2.1.1 Offers submitted by TELE Haase are without engagement and non-binding. TELE Haase reserves the right to make technical changes.
2.1.2 Customers may place orders with TELE Haase by email. The contract will be deemed entered into upon TELE ▇▇▇▇▇ having sent a written order confirmation by email. The scope of the contractual obligations of TELE Haase shall be determined by the order confirmation.
2.1.3 If after entering into the contract TELE ▇▇▇▇▇ subsequently comes to harbor reasonable doubt as to the customer’s solvency, TELE Haase shall have the right to opt either for demanding that the customer make payments in cash or furnish security or for withdrawing from the contract.
2.2 In case of purchases made by TELE Haase from vendors
2.2.1 Offers submitted by the vendor shall be binding for a term of at least two months.
2.2.2 Purchase orders placed by TELE Haase shall be binding only if they are placed in writing by email or telefax.
2.2.3 Purchase orders placed by TELE Haase have to be confirmed by the vendor in writing by email or telefax. The contract will be deemed entered into upon TELE ▇▇▇▇▇ receiving such confirmation.
2.2.4 The vendor’s written confirmation must be received by TELE Haase within 2 working days as from the order date. Upon expiration of this period, the order will be deemed to have been accepted at the conditions stipulated in the purchase order unless the vendor has declined the order in writing.
2.2.5 In case the confirmation provided by the vendor deviates from the purchase order placed by TELE Haase, the contract shall take effect only if TELE Haase either acknowledges the deviations in writing by email or telefax or does not object to them within 10 working days.
Contract Formation. 3.1. Offer: The Buyers “purchase order” constitutes an offer for buying the Products under the conditions set forth in these International Terms and Conditions of Sale. Orders of the Buyer are to be put in writing. If the order should deviate from a proposal or tender submitted by Seller, the Buyer will highlight the differences as such.
3.2. Acceptance: Any “order of confirmation” issued by the Seller within 14 (fourteen) calendar days after reception of and in response to the “purchase order” shall result in a Contract for the purchase of the Products at the conditions quoted by Seller´s “order of confirmation” and shall be subject to these Terms and Conditions. Even if – except for the price for the Products and the quantity of Products to be delivered – the “order of confirmation” is not consistent with the “purchase order” of the Buyer in every respect, the Contract will come into force under the conditions of the “order of confirmation” if the Buyer does not object in writing within a maximum time period of seven (7) calendar days specifying the deviations. Should the Seller fail to confirm an order but start the execution of such not confirmed “purchase order”, Seller´s invoice shall be regarded as “order of confirmation”.
3.3. Terms of Contract: Any representation, quotation, promise, course of dealing, course of performance, custom or trade usage not expressly mentioned in the “order of confirmation” or these Terms and Conditions of Sale will not be binding upon either party. Seller´s employees, commercial agents or other sales intermediaries are not authorized to dispense with the requirements of the “order of confirmation” or to make promises which differ from its content or guarantees. Changes to be concluded contract likewise require written confirmation by Seller.
3.4. Means of communication: ▇▇▇▇▇ and Seller agree that valid, enforceable and binding obligations may result from electronic means of communications. Any electronic communication between ▇▇▇▇▇ and Seller shall be considered to be a “writing” and/or “in writing”.
3.5. Notice of avoidance: A notice of avoidance of the Contract because of fundamental breach shall be given in writing.
3.6. Delay or error in transmission: Article 27 of the Convention on Contracts for the International Sale of Goods does not apply to this Contract. Any notice, request or other communication required by this Contract or Part III of the Convention shall be effective only if and when it reaches the address...