Common use of Enforceable Contract Clause in Contracts

Enforceable Contract. These Terms and Conditions are agreed to by and between The General Metals Powder Co., LLC dba GMP Friction Products (“GMP”) and the party (“Customer”) as may be specified in the quotation provided by GMP (the “Quotation”) or as may have delivered a purchase order to GMP, and relate to all sales of products from GMP to Customer from time to time thereafter. These Terms and Conditions and any other terms set forth in GMP’s Quotation (collectively referred to herein as the “Contract”) shall constitute the entire agreement between GMP and Customer. Customer’s assent to the Terms and Conditions set forth herein shall be conclusively presumed from Customer’s acceptance of the Quotation or presentation to GMP of a purchase order. This Contract constitutes the entire agreement between the parties and all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written, are merged herein and the rights and obligations of the parties shall be as set forth as follows, regardless of any terms contained on any writing originated from Customer, including without limitation Customer’s purchase order. GMP rejects any of Customer’s inconsistent or additional terms. GMP’s failure to further object to provisions contained in Customer’s form or other communications shall not be deemed an acceptance thereof. Where there may be a conflict between these Terms and Conditions and the Quotation, the Quotation shall control.

Enforceable Contract. These Terms and Conditions are agreed to by and between The General Metals Powder Co., LLC Co. dba GMP Friction Products (“GMP”) and the party (“Customer”) as may be specified in the quotation provided by GMP (the “Quotation”) or as may have delivered a purchase order to GMP, and relate to all sales of products from GMP to Customer from time to time thereafter. These Terms and Conditions and any other terms set forth in GMP’s Quotation (collectively referred to herein as the “Contract”) shall constitute the entire agreement between GMP and Customer. Customer’s assent to the Terms and Conditions set forth herein shall be conclusively presumed from Customer’s acceptance of the Quotation or presentation to GMP of a purchase order. This Contract constitutes the entire agreement between the parties and all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written, are merged herein and the rights and obligations of the parties shall be as set forth as follows, regardless of any terms contained on any writing originated from Customer, including without limitation Customer’s purchase order. GMP rejects any of Customer’s inconsistent or additional terms. GMP’s failure to further object to provisions contained in Customer’s form or other communications shall not be deemed an acceptance thereof. Where there may be a conflict between these Terms and Conditions and the Quotation, the Quotation shall control.