Application of Conditions Clause Samples
The 'Application of Conditions' clause defines how and when the terms and requirements set out in an agreement become effective and binding on the parties. It typically outlines which conditions must be satisfied before certain obligations or rights are triggered, such as the completion of due diligence or receipt of regulatory approvals. By specifying the circumstances under which contractual provisions apply, this clause ensures clarity and prevents disputes over whether and when parties are required to perform their obligations.
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Application of Conditions a. The purchase order, these terms and conditions and the specification govern the Contract to the entire exclusion of all other terms and conditions. No other terms or conditions are implied.
b. The Contract constitutes the entire agreement and understanding and supersedes any previous agreement between the Parties relating to the subject matter of the Contract.
Application of Conditions. 2.1 These Conditions shall: a) apply to and be or be deemed to have been validly incorporated in the Contract;
Application of Conditions. 2.1 These Conditions apply to the Contract to the exclusion of all other terms that Seller seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 These Conditions apply to all purchases by Buyer from Seller. Buyer may issue a new version of these Conditions which shall be immediately effective. Variations to the current version of these Conditions have no effect unless expressly agreed in writing and signed by an authorised person on behalf of Buyer. All Conditions apply to both Goods and Services unless stated otherwise.
2.3 Each Order is an offer by Buyer to purchase Goods or Services under these Conditions. Orders are accepted on the earlier of (a) Seller issuing written acceptance of an Order; or (b) Seller doing any act consistent with fulfilling an Order, at which point the Contract comes into existence.
2.4 The Contract constitutes the entire agreement between the parties.
2.5 Buyer reserves the right to change any Specification, delivery dates and other Order terms prior to, either delivery of Goods to the Delivery Point or Service performance, as the case may be.
Application of Conditions. 2.1. These conditions shall govern the Contract between the Company and the Supplier.
2.2. The terms and conditions of the Contract may only be altered by the written agreement of the Parties and any agreed amendments will be recorded on a separate amendment sheet.
2.3. Each Order for Goods and/or Services by the Company from the Supplier shall be deemed to be an offer by the Company to purchase Goods and/or Services subject to these Terms and Conditions and no Purchase Order shall be accepted until the Supplier gives notice of acceptance of the offer in writing. If the Supplier shall not previously have accepted these Terms and Conditions, then acceptance of the Purchase Order by him shall also constitute such acceptance.
2.4. Notwithstanding anything to the contrary in the Supplier’s standard conditions or in any tender, quotation, advice note, invoice, acknowledgement letter or any other document issued or sent by the Supplier, these Terms and Conditions shall apply to the entire exclusion of all other terms or conditions and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.
2.5. These conditions shall be subject to such further special conditions as may be prescribed in writing by the Company but only when such variations have been signed by a Director of the Company, the Company’s Purchasing Manager or a Manager specifically authorised by the Company.
2.6. The Company shall be entitled to make reasonable visits to any or all of the Supplier’s premises for the purpose of inspecting work in progress and shall give not less than 48 hours’ notice in writing of such visits.
2.7. The Supplier shall not assign or subcontract all or any portion of its rights or obligations under this Contract without the prior written approval of the Company.
Application of Conditions. 2.1 These Conditions shall:
(a) apply to and be incorporated in the Agreement; and
(b) prevail over any inconsistent terms or conditions contained in or referred to in the Customer's purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
2.2 No addition to, variation of, exclusion or attempted exclusion of any term of the Agreement shall be binding on the Company unless in writing and signed by a duly authorised representative of the Company.
Application of Conditions. 2.1 These Conditions apply to the Agreement to the exclusion of all other terms that are not otherwise expressly contemplated by the Agreement and that the Buyer seeks to impose or incorporate, or which are implied by trade, custom practice or course of dealing.
2.2 These Conditions apply to all Seller’s sales. The Seller may issue a new version of these Conditions. Variations to the current version of these Conditions have no effect unless expressly agreed in writing and signed by an authorized person on behalf of the Seller.
2.3 Each order constitutes an offer by the Buyer to purchase Products under these Conditions. The Buyer must ensure the terms of its order and any specifications are complete and accurate. Orders are deemed accepted when the Seller issues written confirmation of the order or the Seller delivers Products to the Buyer, at which point the agreement comes into existence.
2.4 The Agreement, including all Schedules hereto and these Conditions, constitutes the entire agreement between the Parties. Characteristics of Products contained in public statements and representations of Seller, or its agents, including without limitation in advertisements, prospectuses, catalogues, websites or other materials only form part of the Agreement if they are explicitly contained in a written order confirmation issued by Seller.
Application of Conditions. 1.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller,
1.2 These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
Application of Conditions. These Conditions shall govern the Contract for the supply or sale of the Goods and/or performance of the Services. The parties acknowledge that any documents emanating from Buyer which contain printed or standard conditions have been and shall be sent by Buyer and received by Seller on the understanding that they appear on Buyer's documents because they are printed thereon but have no legal effect whatever and Buyer waives any rights which Buyer otherwise might have to rely on such conditions.
2.1 These Conditions shall cancel and supersede any earlier version or edition of Conditions of Sale of Seller.
2.2 No variation to the Contract or these Conditions shall be binding on Seller unless agreed in writing and signed by a duly authorised representative of Seller
Application of Conditions. 2.1. These Conditions shall:
2.1.1. apply to and be incorporated into the Contract;
2.1.2. prevail over any terms or conditions contained in or referred to in your acceptance of the Sales Quotation, any correspondence or elsewhere or implied by law, trade custom, practice or course of dealing, unless otherwise agreed by us.
Application of Conditions. (a) The Conditions apply exclusively to every Purchase Order and cannot be varied or supplemented by You without Our prior written consent.
(b) Any written quotation provided by Us to You concerning the proposed supply of Goods or Services is valid for 30 days and is an invitation only to You to place an order based upon that quotation. You acknowledge and agree that Our quotation may include additional terms, which form part of the Conditions.