Common use of Application and Acceptance Clause in Contracts

Application and Acceptance. The terms and conditions set forth herein shall apply to the transaction described in this purchase order (the “Order”) unless the parties hereto have a prior agreement (including any statement(s) of work that covers such transaction, in which case the terms and conditions of such prior agreement shall apply. The party identified in the “To:” field on the Order (the “Vendor”) has agreed to provide goods and/or services (the “Services”) to the party identified in this “Ship To:” field on the Order (“Buyer”) pursuant to this Order. Vendor shall be deemed to have accepted this Order upon the earliest to occur of: (1) Vendor’s express acceptance of Buyer’s offer as set forth in this Order), (2) commencement of work on Services subject to this Order, and (3) shipment of ordered Services. Such acceptance is limited to acceptance of the express terms contained herein; any additional or different terms proposed by Vendor are hereby objected to and rejected by ▇▇▇▇▇. Any such additional or different terms will not operate as a rejection of ▇▇▇▇▇’s offer unless such terms relate to the description, quantity, price or delivery schedule of the Services, but will be deemed a material alteration of this Order, and this Order will be deemed accepted by Vendor without such additional or different terms. If this Order is deemed an acceptance by Buyer of a prior offer by Vendor, such acceptance is expressly conditioned on Vendor’s assent to any additional or different terms contained herein and such assent will be deemed to exist upon the earliest to occur of: (1) Vendor’s express acceptance of Buyer’s additional or different terms, (2) commencement work on ordered Services subject t0 this Order, or (3) shipment of ordered Services.

Application and Acceptance. The terms and conditions set forth herein shall apply to the transaction described in this purchase order (the “"Order”") unless the parties hereto have a prior agreement (including any statement(s) of work work), that covers such transaction, in which case the terms and conditions of such prior agreement shall apply. The party identified in as the “To:” field Vendor on the Order preceding page (the “"Vendor”") has agreed to provide goods and/or services (the “Services”) to the party identified in this “Ship under "Bill To:” field " on the Order preceding page, and/or for the benefit of one or more of its affiliates (“collectively, the "Buyer”") pursuant to this Order. Vendor shall be deemed to have accepted this Order upon the earliest to occur of: (1) Vendor’s 's express acceptance of Buyer’s 's offer as set forth in this Order), ; (2) commencement of work on Services goods and/or services subject to this Order, and ; or (3) shipment of ordered Servicesgoods. Such acceptance is limited to acceptance of the express terms contained herein; any additional or different terms proposed by Vendor are hereby objected to and rejected by ▇▇▇▇▇. Any such additional or different terms will not operate as a rejection of ▇▇▇▇▇’s 's offer unless such terms relate to the description, quantity, price price, or delivery schedule of the Services, goods and/or services but will be deemed a material alteration of this Order, and this Order will be deemed accepted by Vendor without such additional or different terms. If this Order is deemed an acceptance by Buyer of a prior offer by Vendor, such acceptance is expressly conditioned conditional on Vendor’s 's assent to any additional or different terms contained herein and such assent will be deemed to exist upon the earliest to occur of: (1) Vendor’s 's express acceptance of Buyer’s 's additional or different terms, (2) commencement work on ordered Services goods and/or services subject t0 to this Order, or (3) shipment of ordered Servicesgoods.