Common use of AGREEMENT AND ACCEPTANCE Clause in Contracts

AGREEMENT AND ACCEPTANCE. This is an offer to sell, or a contract of sale for, as the case may be, the goods described in the body of this Sales Order (the “Goods”), for the price indicated in the body of this Sales Order, between Benchmark Connector Corp (“Seller”) and the purchaser identified in the body of this Sales Order (“Purchaser”). Any acceptance of the delivery of the Goods, or any acceptance or confirmation of this Sales Order, expressed or implied, shall constitute acceptance of the terms and conditions in the body of this Sales Order and those outlined in Benchmark Connector Corp – Sales Order Terms and Conditions – Items 1 through 22. This Sales Order constitutes the entire agreement between the parties with respect to the Goods, and supersedes all previous offers and agreements, whether oral or written, including any request for quotations, quotation, or purchase order. No addition to, or other modification of, this Sales Order shall be binding on Seller unless it is in writing and executed by a duly authorized representative of Seller. In the event of a conflict between any of the terms contained in this Sales Order and those contained in Benchmark Connector Corp – Sales Order Terms and Conditions – items 1 through 22, the terms in the body of this Sales Order shall control.

AGREEMENT AND ACCEPTANCE. This is an offer to sell, or a contract of sale for, as the case may be, the goods described in the body of this Sales Order (the “Goods”), for the price indicated in the body of this Sales Order, between Benchmark Connector Corp TREK CONNECT (“Seller”) and the purchaser identified in the body of this Sales Order (“Purchaser”). Any acceptance of the delivery of the Goods, or any acceptance or confirmation of this Sales Order, expressed express or implied, shall constitute acceptance of the terms and conditions in the body of this Sales Order and those outlined contained in Benchmark Connector Corp TREK CONNECT – Sales Order Terms and Conditions – Items Paragraphs 1 through 22. This Sales Order constitutes the entire agreement between the parties with respect to the Goods, and supersedes all previous offers and agreements, whether oral or written, including any request for quotations, quotation, or purchase order. No addition to, or other modification of, this Sales Order shall be binding on Seller unless it is in writing and executed by a duly authorized representative of Seller. In the event of a conflict between any of the terms contained in this Sales Order and those contained in Benchmark Connector Corp TREK CONNECT – Sales Order Terms and Conditions – items Paragraphs 1 through 22, the terms in the body of this Sales Order shall control.