Common use of BASIS OF CONTRACT Clause in Contracts

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each Order for Products and/or Services constitutes an offer by Ornua to purchase Products and/or Services from the Supplier in accordance with these Conditions. The Order shall be deemed to be accepted on the earlier of:‌ (a) the Supplier issuing written acceptance of the Order; or (b) any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existence. The relevant Product Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌ 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products and Services to Ornua except where the application to one or the other is specified.

Appears in 6 contracts

Sources: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each Order for Products and/or Services constitutes an offer by Ornua to purchase Products and/or Services from the Supplier in accordance with these Conditions. The Order shall be deemed to be accepted on the earlier of:‌of: (a) the Supplier issuing written acceptance of the Order; or (b) any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existence. The relevant Product Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌conditions. 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products and Services to Ornua except where the application to one or the other is specified.

Appears in 6 contracts

Sources: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each Order for Products Goods and/or Services constitutes an offer by Ornua to purchase Products Goods and/or Services from the Supplier in accordance with these Conditions. The Order shall be deemed to be accepted on the earlier of:‌of: (a) the Supplier issuing written acceptance of the Order; or (b) any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existence. The relevant Product Goods Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌conditions. 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products Goods and Services to Ornua except where the application to one or the other is specified.

Appears in 4 contracts

Sources: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each Order for Products Goods and/or Services constitutes an offer by Ornua to purchase Products Goods and/or Services from the Supplier in accordance with these Conditions. The Order shall be deemed to be accepted on the earlier of:‌ (a) the Supplier issuing written acceptance of the Order; or (b) any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existence. The relevant Product Goods Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌ 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products Goods and Services to Ornua except where the application to one or the other is specified.

Appears in 3 contracts

Sources: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each The Order for Products and/or Services constitutes an offer by Ornua the University to purchase Products Goods and/or Services from the Supplier in accordance with these Conditions. The Commencement Date is as specified in the Order Form. In the absence of it being specified in the Order Form or in the absence of signature of the Order Form by both of the Parties the Commencement Date will be the earlier of Clauses 3.2.1 and 3.2.2 below. The Order shall be deemed to be accepted by the Supplier on the earlier of:‌ (a) of: the Supplier issuing written acceptance of the Order; or (b) or any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existenceexistence (“Commencement Date”). The relevant Product Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌ 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products Goods and Services to Ornua except where the application to one or the other is specified. Nothing in this Contract shall imply any exclusive relationship between the parties nor shall there be any guarantee of volume of Orders or value. Nothing in the Supplier’s tender or any other Supplier documentation (as applicable) shall operate to exclude or limit the Supplier’s liability for its performance under this Contract. All of these Conditions shall apply to the Supplier of the Goods and/or the Services except where the application to one or the other is specified. Time shall be of the essence regarding any date agreed to by the Supplier in relation to any of the Goods and/or the Services specified in this Contract. The Supplier waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with these Conditions and/or the Order.

Appears in 2 contracts

Sources: Contract for the Purchase of Goods & Services, Contract for the Purchase of Goods & Services

BASIS OF CONTRACT. 2.1 Subject to any variation under clause 2.4, these Conditions are the only terms and conditions on which Ornua is prepared to deal with the Supplier and they shall govern the Contract to the entire exclusion of all other terms and conditions. 2.2 Each Order for Products Goods and/or Services constitutes an offer by Ornua to purchase Products Goods and/or Services from the Supplier in accordance with these Conditions. The Order shall be deemed to be accepted on the earlier of:‌of: (a) the Supplier issuing written acceptance of the Order; or (b) any act by the Supplier consistent with fulfilling the Order, at which point and on which date the Contract shall come into existence. The relevant Product Goods Specification and/or Services Specification shall form part of the Contract. 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any such terms are hereby rejected and excluded. No terms or conditions endorsed upon, delivered with, or contained in the Supplier’s quotation, acknowledgement of receipt, acceptance of Order, specification or other Supplier documentation shall form part of the Contract and the Supplier waives any right which it otherwise might have to rely on such terms and conditions.‌conditions. 2.4 Variation of these Conditions shall have no effect unless expressly agreed in writing and signed by an authorised signatory on behalf of Ornua. 2.5 All of these Conditions shall apply to the supply of both Products Goods and Services to Ornua except where the application to one or the other is specified.

Appears in 1 contract

Sources: Standard Terms and Conditions of Purchase