Formation of Contracts Clause Samples
The 'Formation of Contracts' clause defines the conditions and process by which a legally binding agreement is established between parties. It typically outlines the necessary elements such as offer, acceptance, consideration, and mutual intent, and may specify the methods by which acceptance can be communicated, such as in writing or electronically. This clause ensures that all parties understand when and how their obligations become enforceable, thereby reducing ambiguity and potential disputes over whether a contract has been validly formed.
Formation of Contracts. 3.1. A Contract shall become effective the moment the Supplier has expressly accepted a complete Order through an Order Confirmation. The Company may withdraw from or amend an Offer at any time before the Order Confirmation and shall not be required to compensate any damages and/or costs as a result of such withdrawal or amendment. All Offers must be complete and made in full and must include all necessary and/or requested specification and/or (supporting) documentation.
3.2. Unless explicitly agreed otherwise In Writing, all actions made or taken by the Supplier prior to the formation of the Contract shall be for the risk and account of the Supplier.
Formation of Contracts. Seller shall acknowledge acceptance of each Buyer order for Acquired Product by sending an acknowledgment form that sets forth the dates on which the ordered items are scheduled for delivery to Buyer in accordance with trade term specified in a PSA, whereupon a contract of sale of those items (“Sales Contract”) shall be deemed concluded between the parties.
Formation of Contracts. A binding Contract between the Supplier and an Eligible Customer is created upon the Supplier and an Eligible Customer signing the Purchase Order.
Formation of Contracts. Quotations
4.1 Finance or an Agency may, at any time, issue the Contractor and other contractors enrolled under the relevant Module(s) with a request for quotation (RFQ) for the provision of Deliverables under any one or more Module.
4.2 Upon receipt of a RFQ, if the Contractor wishes to submit a quotation for provision of the Deliverables, it may submit a quotation in writing to Finance or the Agency (as the case may be) by the date specified in the RFQ.
4.3 Finance or the Agency (as the case may be) may negotiate Charges lower than those set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) for the Contractor's provision of the Deliverables, but the Charges must not be higher than the Charges set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) for the relevant Deliverables. If Charges lower than those set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) are negotiated for any Contract, Schedule 3 - Attachment 2 (Deliverables and Pricing) will be deemed amended to reflect the lower Charges.
4.4 Finance requires that all draft Contracts be provided to Finance, prior to execution, for Finance's review and confirmation that the Contracts are formed in accordance with this Head Agreement and are suitable for execution.
4.5 After receiving a quotation under clause 4.2, Finance or the relevant Agency (as the case may be) may invite the Contractor to provide a best and final offer (BAFO) in respect of the Deliverables which are the subject of the quotation. Finance or the relevant Agency (as the case may be) may specify terms and conditions that apply to the BAFO process.
4.6 Upon receipt of an invitation to provide a BAFO, the Contractor must:
4.6.1 provide a BAFO to Finance or the relevant Agency (as the case may be) in accordance with any applicable terms and conditions that apply to the BAFO process; or
4.6.2 reaffirm its quotation submitted under clause 4.2 as being its BAFO.
4.7 Finance or an Agency may place a Contract Order Form with the Contractor for the provision of Deliverables at any time during the Term of the relevant Module. Contract Order Forms may encompass Deliverables from multiple Modules. Note: It is intended that except for Module specific terms the Standard Contract Terms will be the same across all Modules.
4.8 Finance or an Agency may place a Contract Order Form with the Contractor for provision of Deliverables to one or more Agency (including Finance) at any time during the Term of the relevant Module b...
Formation of Contracts a) Subject to any variation under condition 1b), the contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to apply under any purchase order, confirmation of order, specification, or other document).
b) These conditions apply to all Amnitec Limited or Amnitec Hose Limited (individually and collectively, the "Company") sales and any variation to these conditions and any representations about the goods or services (collective referred to as “goods”) shall have no effect unless expressly agreed in writing and signed by a director or secretary of the Company. The Company shall be identified in the quotation submitted to the purchaser (“Purchaser”)
c) Each order for goods by the Purchaser from the Company shall be deemed to be an offer by the Purchaser to purchase goods subject to these conditions. No contract shall come into effect until the Purchaser's order has been accepted in writing by the Company.
d) Any quotation tender, price list, delivery time, or other information (collectively referred to as the “quotation”) is given on the basis that no contract will come into existence until the Company despatches an acknowledgement of order to the Purchaser. Any quotation is valid for a period of thirty (30) days only from its date, provided that the Company has not previously withdrawn it.
e) The application of the Uniform Laws on International Sales, including the UN Convention on Contracts for the International Sale of Goods, shall be excluded. The construction, validity, and performance of all contracts and any non-contractual obligations arising out of or in connection with the contracts shall be governed by the laws of England and any claim or dispute arising therefrom shall be subject to the jurisdiction of and be determined by the English Courts.
Formation of Contracts. (a) This contract and all contracts of sale made by DECON LABORATORIES LIMITED. (referred to herein as “the Company”) with any other person (referred to herein as “the Buyer”) shall be deemed to incorporate the Conditions as express terms.
(b) These conditions apply to the purchase of all products and services produced and supplied by the Company.
(c) By placing an order with the company, the Buyer is deemed to have accepted and agreed these conditions.
(d) This contract including these conditions contain and constitute the entire agreement between the Company and the Buyer and no variation of the same shall bind the Company unless made in writing and signed by a duly authorised officer of the Company.
(e) The construction, validity and performance of this contract shall be governed by the Laws of England and any claim or dispute arising there from shall be subject to the jurisdiction of the English Courts.
(f) Any terms or conditions submitted by the Buyer, whether before or after the Buyer has had notice of these conditions, are to be of no effect whatsoever.
(g) In entering into this contract the Buyer acknowledges that the contract has not been induced by any representation or collateral warranty made orally or in writing by the Company, its servants or agents and that the antecedent negotiations, statements or representations do not form part of the terms of this contract unless specifically repeated as express terms of the same herein.
Formation of Contracts. 2.1 This Master Agreement is a standing offer by the Content Provider to all Vodafone Group Companies to be appointed as the non-exclusive agents of the Content Provider in the relevant Territories to (subject to Clause 2.5) promote, advertise, distribute and offer for sale to Customers the Content on and in the Directory and to provide billing and payment collection services to the Content Provider on the terms of this Master Agreement. The Content Provider further gives authority to Vodafone to offer for sale by the Content Provider the Content to Customers and to b▇▇▇ and collect payment in respect of sales made by the Content Provider of the Content in accordance with the terms of this Master Agreement.
2.2 Any Vodafone Group Company may, but is not obliged to, accept the Standing Offer by completing and signing the attached Contract Acceptance Notice.
2.3 A Contract is formed between the Content Provider and a Vodafone Group Company when the Content Provider receives the Contract Acceptance Notice signed on behalf of that Vodafone Group Company. Where a Vodafone Group Company is already party to a Contract with the Content Provider and the Content Provider enters into a new Content Schedule with VGSL, such new Content Schedule shall be deemed to be added to such Contract on the date that the Vodafone Group Company first acquires, promotes, advertises, distributes or resells the Content featured in such new Content Schedule. Under each Contract Vodafone appoints VGSL as its agent to agree with the Content Provider any amendments to any Content Schedule (and therefore Contract) but only to the extent that such amendments do not impose additional obligations on Vodafone.
2.4 The Standing Offer shall lapse upon termination or expiry of this Master Agreement for any reason and is not otherwise revocable by the Content Provider.
2.5 Two Vodafone Group Companies may be party to the same Contract where one of such Vodafone Group Companies provides the billing and payment collecting services, and the other provides the promotion, advertising, distribution and offering for sale services, in relation to the Content. In such circumstances the term “Vodafone” when used in this Master Agreement and such Contract shall refer to both such Vodafone Group Companies or to the relevant one, as appropriate. All notices for the purposes of this Master Agreement or the Contract shall only be valid if sent to or by (as appropriate) both such Vodafone Group Companies. Where t...
Formation of Contracts. 3.1. Orders placed by the Company shall be deemed binding at the earliest upon submission in Writing. All Offers must be complete and made in full and must include all necessary and/or requested specification and/or (supporting) documentation. The Supplier shall inform the Company of obvious errors (e.g. spelling and calculation errors) and incompleteness of the Order including the order documents for the purpose of correction or completion before Order Confirmation. The Supplier shall accept the Order within a period of five (5) working days after its receipt by Order Confirmation. The Company may withdraw from or amend an Order at any time before the Order Confirmation and shall not be required to compensate any damages and/or costs as a result of such withdrawal or amendment.
3.2. A Contract shall become effective the moment the Supplier has expressly accepted a complete Order through an Order Confirmation.
3.3. Unless explicitly agreed otherwise In Writing, all actions made or taken by the Supplier prior to the formation of the Contract shall be for the risk and account of the Supplier.
Formation of Contracts.
8.1 When a Contract is formed A Contract is formed between an Agency and the Provider when both the Agency and the Provider execute a Work Order.
8.2 Contract terms and conditions
(a) The terms and conditions of each Contract are:
(i) the relevant terms of this Head Agreement and the Glossary;
(ii) the completed Work Order;
(iii) the Statement of Requirements; and
(iv) any other documents specified as being part of, incorporated into, or otherwise applicable to, the Contract (including relevant attachments and attached documents).
(b) To the extent of any conflict between any of the provisions referred to in clause 8.2(a), the (descending) order of precedence set out in that clause will apply.
Formation of Contracts. Subject to Rule 403 and Rule 404, two Contracts shall arise automatically, one between the Selling Clearing Member and the Clearing House and the other between the Clearing House and the Buying Clearing Member (or a single Contract shall arise between the Clearing House and a Clearing Member where applicable in the case of Rule 401(a)(vi) or (x)), at the moment that: