No Other Terms and Conditions. The Parties intend that this Agreement set forth all of the terms and conditions applicable to the sale of the HIV Product and accordingly agree that all provisions, terms and conditions of any purchase order, sales or order acknowledgment, invoice or other business form or document (a "Form"), unless an amendment to this Agreement in accordance with Section 13.5 hereof, shall be superseded hereby and therefore shall be disregarded and have no force and effect. If a Form purports to be conditioned in any manner on agreement to and/or acceptance of any provisions, terms and conditions other than those set forth herein, then such condition is hereby waived. In no event shall either Party be bound by any provisions, terms or conditions relating to the subject matter of this Agreement not set out herein.
No Other Terms and Conditions. The parties acknowledge and agree that any terms and conditions of any purchase order, sales acknowledgement or other document submitted to the other by either party which conflict with the terms and conditions of this Agreement shall be of no force or effect, and the terms and conditions hereof control and supersede such conflicting documents and any course of conduct or usage of the trade inconsistent with any of the terms and conditions hereof.
No Other Terms and Conditions. If a sales acknowledgment, invoice, Purchase Order, or other document submitted by either Party contains terms or conditions conflicting with or additional to the terms and conditions of this Agreement, the Parties hereby reject such terms and conditions, and the terms and conditions of this Agreement will prevail.
No Other Terms and Conditions. If a Purchase Order, sales acknowledgment, invoice, or other document submitted by either Party contains terms or conditions conflicting with the terms and conditions of this Agreement, the Parties hereby reject such terms and conditions, and the terms and conditions of this Agreement shall prevail unless otherwise expressly agreed to in writing by both Parties. A Party's failure to object to provisions contained in any such Purchase Order, sales acknowledgment, invoice, or other document shall not be construed as a waiver of the terms of this Agreement nor an acceptance of any such provisions.
No Other Terms and Conditions. Seller hereby objects to and rejects any and all additional or contrary terms and conditions in Buyer’s purchase order and in any other document issued by Buyer, none of which shall be part of any contract between Seller and Buyer or otherwise binding on Seller. Any acknowledgement by Seller of an order from Buy- er, or reference to any such order, or performance pursuant to any such order, shall not be deemed acceptance by Seller of any additional or contrary terms and conditions contained in any document issued by Buyer. Any oral agreements or understandings are expressly excluded.
No Other Terms and Conditions. After the execution of this Agreement, the Parties agree that the sole purpose of any such SOW, and/or other authorized written change in the SOW or any instrument furnished or utilized by Contractor in connection with the Services is limited to describing specific Services to be performed or materials to be provided (including the applicable rate/compensation for such Services or materials), and any other language or provision in any Contractor issued instrument or similar instrument, including, but not limited to, invoices, proposals, estimates and price sheets that purport to expand, limit, modify, waive or otherwise define the rights or duties of the Parties shall be void, and therefore will not be binding on Centerspace.
No Other Terms and Conditions. Service Provider and the Principal acknowledge and agree that any terms and conditions of any purchase order, sales acknowledgement, or other document submitted to the other by either party which conflict with the terms and conditions of this Agreement shall be of no force or effect, and the terms and conditions hereof control and supersede such conflicting documents and any course of conduct or usage of the trade inconsistent with any of the terms and conditions hereof.
No Other Terms and Conditions. The parties intend that this Agreement express all of the terms and conditions applicable to the sale of the CMI Product and accordingly agree that all provisions, terms and conditions of any purchase order, sales or order acknowledgement, invoice or other business form or document (a “Form"), unless an amendment to this Agreement in accordance with Section 14.4 hereof, shall be superseded hereby and therefore shall be disregarded and have no force and effect. If a Form purports to be conditioned in any manner on agreement to and/or acceptance of any provisions, terms and conditions other than those set forth herein, then such condition is hereby waived. In no event shall either party be bound by any provisions, terms or conditions relating to the subject matter of this Agreement not set out herein.
No Other Terms and Conditions. The parties acknowledge and agree that this Agreement will supercede the previous Letter of Intent executed by the parties in July of 2002. In addition, this Agreement will be considered the complete understanding between the parties on the subject matter herein and hereby supercedes any previous written or oral agreements. Exhibit A and Exhibit B, attached hereto, are incorporated into and made part of this Agreement by this reference.
No Other Terms and Conditions. If ILNumerics and the Customer are starting contacts of any kind in connection with the Software or have entered into a contract for sale or rental of the Software or any service, license or other agreement related to the Software (each hereinafter: Contract ), these Conditions shall apply except if and to the extent that the Contract provides otherwise. In case the Customer is installing, copying or otherwise using the Software he is accepting to be bound by these Conditions. If the Customer does not agree to the Conditions or any part thereof, the Customer is not entitled to install, copy, use, evaluate, or replicate in any manner any part of the Software. ILNumerics does not accept any terms or conditions which deviate from these Conditions, except if ILNumerics has agreed in writing expressly to such terms and conditions and has waived the validity of these Conditions. Such consent of ILNumerics shall be valid only for the specific Contract and does not extend to former or future Contracts.
