Common use of Acceptance and Modification Clause in Contracts

Acceptance and Modification. Commencement of the Services or delivery of goods called for by the Agreement in the absence of Supplier’s written acknowledgment shall be deemed acceptance of the Agreement. By acceptance of the Agreement, Supplier agrees to be bound by and to comply with all these Service Order Terms and Conditions, and all specifications and other documents referred to in the Agreement. No additions to or variations from the terms herein shall be binding unless agreed to, in writing, by Company. If Supplier’s quotation is incorporated in the Agreement, it is made a part of the Agreement only to the extent of specifying the nature and description of the Services to be performed, and then only to the extent such terms are consistent with the other terms herein. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS WHICH MAY APPEAR IN ANY QUOTATION, PROPOSAL OR COMMUNICATION FROM SUPPLIER OR IN SUPPLIER’S ACKNOWLEDGEMENT OR SIGNED RETURN OF THE AGREEMENT ARE HEREBY EXPRESSLY OBJECTED TO, SHALL NOT BECOME PART OF THE AGREEMENT DESPITE COMPANY’S ACCEPTANCE OF SUPPLIER’S PERFORMANCE OF SERVICES OR GOODS AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY RECOGNIZED, ASSENTED TO AND AGREED TO IN WRITING BY COMPANY.