ACCEPTANCE AND TERMS OF ORDER. 1.1 Each purchase order and purchase order revision issued by Buyer (a “Purchase Order”) is an offer to Seller for the purchase of goods and/or services, and includes and is governed by the express terms contained on the face of the Purchase Order, these purchase order terms and conditions, and the terms and conditions contained in any release, addendum or supplement to the Purchase Order, any Buyer’s supplier manual made available to the Seller, and any other document incorporated by reference into the Purchase Order or into these purchase order terms and conditions (collectively, the “Terms” and together with a Purchase Order, an “Agreement”). Seller shall be deemed to have accepted an Agreement with: (i) Seller’s acknowledgment of the Purchase Order;
ACCEPTANCE AND TERMS OF ORDER. 1.1 Each purchase order and purchase order revision issued by Buyer (a “Purchase Order”) is an offer to Seller for the purchase of goods and/or services, and includes and is governed by the express terms contained on the face of the Purchase Order, these purchase order terms and conditions, and the terms and conditions contained in any release, addendum or supplement to the Purchase Order, any Buyer’s supplier manual made available to the Seller, and any other document incorporated by reference into the Purchase Order or into these purchase order terms and conditions (collectively, the “Terms” and together with a Purchase Order, an “Agreement”). Seller shall be deemed to have accepted an Agreement with: (i) Seller’s acknowledgment of the Purchase Order; (ii) commencing work on the goods subject to the Purchase Order (the “Goods”) or shipping the Goods, whichever occurs first, (iii) performing all or any portion of the services subject to the Purchase Order (the “Services”); (iv) Seller’s acceptance of any payment under the Purchase Order; or (v) Seller’s failure to deliver written notice of rejection to Buyer within ten (10) days of receipt of the Purchase Order. Any acceptance of the Purchase Order is limited to and conditional upon Seller’s acceptance of the Terms. Any proposal for additional or different terms or any attempt by Seller to vary any of the Terms, whether in Seller’s quotation form, acknowledgement form, invoice, correspondence or otherwise, shall be deemed material and is hereby objected to and expressly rejected by Xxxxx. Buyer may cancel all or any part of an Agreement at any time prior to Buyer’s actual knowledge of acceptance by Seller. In the event of any conflict between the face of the Purchase Order and these Terms, the face of the Purchase Order shall govern. 1.
ACCEPTANCE AND TERMS OF ORDER. 1.1 Each purchase order and purchase order revision (“this Order”) issued by Buyer is an offer to Seller for the purchase of goods and/or services, and includes and is governed by the express terms contained on the face of this Order, these purchase order terms and conditions and the terms contained in any release, addendum or supplement to this Order, any supplier manual made available to Seller by Buyer and any other document incorporated by reference into this Order or into these purchase order terms and conditions (collectively, the “Terms”). Any expression of acceptance of this Order by Seller, including Seller’s (i) commencement of work on the goods subject to this Order (the “Goods”) or shipment of the Goods, whichever occurs first, or (ii) performance of all or any portion of the services subject to this Order (the “Services”), shall constitute an acceptance of Buyer’s offer. Any acceptance of this Order is limited to and conditional upon Seller’s acceptance of the Terms. Any proposal for additional or different terms or any attempt by Seller to vary any of the Terms, whether in Seller’s quotation form, acknowledgement form, invoice, correspondence or otherwise, shall be deemed material and is hereby objected to and expressly rejected by Xxxxx. Buyer may cancel all or any part of this Order at any time prior to Buyer’s actual knowledge of acceptance by Xxxxxx.
