Common use of Applicability Clause in Contracts

Applicability. These general terms and conditions (the “Terms”) are an integral part of all commercial or technical proposals, quotations, orders and agreements (each, an “Order”) by Thermon France SAS, having its address at 5 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, 6th floor, 94140, Alfortville, France, with registration number 712005966 (“Thermon”) for the sale or rental of goods and/or services (the “Work”) to the buyer identified in the Order (the “Customer” and, together with ▇▇▇▇▇▇▇, the “Parties”). By signing or executing an offer, quotation or sales order, placing an Order or receiving Work from Thermon, Customer agrees that these Terms supersede any prior written or oral agreement and any terms and conditions contained in Customer’s request for quote, purchase order, invoice, order acknowledgment, change order or similar document and the Order is subject to the Thermon Terms only. To the extent that there is a conflict between these Terms and a valid signed master agreement between the Parties, the specific conflicting terms of such master agreement shall prevail. These Terms supersede any prior written or oral agreement and any terms and conditions contained in Customer’s request for quote, purchase order, invoice, order acknowledgment, change order or similar document. To the extent that there is a conflict between these Terms and another set of Thermon terms and conditions issued to the Customer as part of the order or quotation process, the specific conflicting terms of the order or quotation document shall prevail. Any other variation from these Terms shall require the signed consent of an authorized Thermon representative.