Common use of Acceptance and Order Clause in Contracts

Acceptance and Order. 2.1 You acknowledge and agree that should you do any of the following: (a) clicking on an “I accept” style button; or (b) sending us a fax, post, email order for Product(s); or (c) agreeing to the terms of this Agreement by email or similar; or (d) using any Products, and if Trafalgar Wireless does any of the following: (e) accepting your order; or (f) delivering Products to you (whichever is earlier), then a legally binding agreement is formed between you and Trafalgar Wireless. Trafalgar Wireless does not recognise any terms and conditions supplied by Customer unless specifically acknowledged and agreed in writing by a director of Trafalgar Wireless. Execution of, compliance with, or implementation of orders received from Customer does not imply acceptance by Trafalgar Wireless of any terms and conditions contained within or attached to Customer’s order or otherwise presented by the Customer to Trafalgar Wireless. 2.2 You represent that: (a) you have read, understand, and agree to be bound by the Agreement; and (b) you have the authority to enter into the Agreement personally or on behalf of the company you represent, and to bind that company to the terms of this Agreement. 2.3 Trafalgar Wireless reserves the right, at its sole discretion, to reject and not to supply any Customer order and, in such circumstances, a contract is not deemed to have been formed between the parties. 2.4 Any order submitted by You is subject to final confirmation in writing by Trafalgar Wireless. Such confirmation is contingent upon the availability of Products and Trafalgar Wireless may reject any order at any time prior to final confirmation. You will receive a final confirmation only after an order is accepted by the MNO. An order may not be cancelled after an order of acceptance is issued from an MNO, even if a final confirmation has not yet been sent to or received by Customer. No request for cancelation or rescheduling of delivery will be effective unless agreed in writing by an authorized representative of Trafalgar Wireless. Should Trafalgar Wireless, in its sole discretion, agree to cancel or reschedule an order, the following fees will apply: (a) Cancellation of orders or rescheduling of shipments of Products with an acknowledged shipment date between 1 and 50 days of the date of cancellation or reschedule - full purchase price. (b) Cancellation of Orders or rescheduling of shipments of Products with an acknowledged shipment date between 51 and 80 days of the date of cancellation or reschedule - 60% of the full purchase price. (c) Cancellation of Orders or rescheduling of Products with an acknowledged shipment date between 81 and 110 days of the date of cancellation or reschedule - 25% of the full purchase price. 2.5 Any request to cancel or change a service previously ordered, shall be at the sole discretion of Trafalgar Wireless and shall only be deemed accepted once Customer receives a confirmation of cancelation from Trafalgar Wireless and may be withheld if You have not paid the applicable cancellation fees.