Common use of Controlling Terms Clause in Contracts

Controlling Terms. The terms and conditions of this Agreement and of the applicable Supplier confirmation of shipment shall apply to each order accepted or shipped by Supplier hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgement or confirmation that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned.

Appears in 2 contracts

Sources: Distribution Agreement, Distribution Agreement (Mojo Organics, Inc.)

Controlling Terms. The terms and conditions of this Agreement and of the applicable Supplier confirmation of shipment shall apply to each order accepted or shipped by Supplier hereunderthe Manufacturer under this Agreement. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgement acknowledgment, or confirmation that are different from or in addition to those required hereunder under this Agreement shall not be binding on the parties, even if signed and returned, unless both parties expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 2 contracts

Sources: Exclusive Manufacturing Agreement (R Tec Technologies Inc), Exclusive Manufacturing Agreement (R Tec Technologies Inc)

Controlling Terms. The terms and conditions of this Agreement and of the applicable Supplier written confirmation of shipment orders and acceptance of orders shall apply to each order accepted or shipped by the Supplier hereunder. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgement or confirmation that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returnedreturned by the Supplier.

Appears in 2 contracts

Sources: Distribution Agreement, Distribution Agreement (Zealous, Inc.)

Controlling Terms. The terms and conditions of this Agreement and of the applicable Supplier Supplier, confirmation of shipment shall apply to each order accepted or shipped by Supplier hereunder[Company] under this Agreement. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgement acknowledgment, or confirmation that are different from or in addition to those required hereunder under this Agreement shall not be binding on the parties, even if signed and returned, unless both parties expressly agree in a separate writing to be bound by such separate or additional terms and conditions.

Appears in 1 contract

Sources: Distribution Agreement