Common use of General Framework Clause in Contracts

General Framework. 2.1 Any and all sales of Equipment occurring after the Effective Date will be deemed to incorporate and include the terms and conditions of this Agreement for Equipment and the relevant Purchase Order and Ancillary Agreement (unless otherwise specifically agreed by Buyer), notwithstanding any contrary terms proposed or asserted by the Seller in any other document, including a quotation or delivery documentation. 2.2 In the event, Buyer references an Addendum in its PO, such Addendum shall be incorporated by reference into this Agreement for Equipment. 2.3 After the Effective Date, unless ▇▇▇▇▇ agrees in writing to the contrary, Seller will sell and supply Equipment to Buyer and Buyer will purchase and take Equipment from Seller upon and subject to Purchase Orders issued by Buyer to Seller. Such Purchase Orders will be in written or electronic form and will identify the Equipment in question, quantities, and any other information which Buyer chooses to stipulate (including items such as Specifications, specific requests and requirements, and any such attachments as Buyer considers necessary or appropriate). 2.4 Upon acceptance by Seller of a Purchase Order the Equipment comprised in that Purchase Order will be sold and supplied (and conclusively deemed to be sold and supplied) by Seller to Buyer under and subject to an Ancillary Agreement. Each and every Ancillary Agreement will comprise (a) the terms and conditions of this Agreement for Equipment (except to the extent varied or modified with the prior specific written agreement of Buyer); (b) the terms and conditions of the relevant Purchase Order; and (c) any other relevant and applicable terms and conditions as may be stipulated or specifically agreed by ▇▇▇▇▇ in writing. 2.5 No terms or conditions of Seller will have any legal effect or constitute a counter offer capable of acceptance by or on behalf of ▇▇▇▇▇ (unless specifically agreed in writing by ▇▇▇▇▇). By the act of selling and supplying Equipment, Seller shall be conclusively deemed to have accepted and bound by all of the terms and conditions of this Agreement for Equipment. 2.6 Unless specifically agreed by ▇▇▇▇▇ in writing to the contrary, Seller must accept any and all Purchase Orders in their entirety and will not be entitled to accept part of a Purchase Order only. Purchase Orders supersede any and all previous proposals and agreements between the Parties, with the exception of this Agreement for Equipment, concerning the Equipment being purchased under the applicable Purchase Order. In the event of a conflict between any prior document or agreement and this Agreement for Equipment, this Agreement for Equipment as modified by its Ancillary Agreement(s) shall prevail.

Appears in 4 contracts

Sources: Global Indirect Purchase Terms and Conditions for Equipment, Global Indirect Purchase Terms and Conditions for Equipment, Global Indirect Purchase Terms and Conditions for Equipment

General Framework. 2.1 Any and all sales of Equipment Goods occurring after the Effective Date will be deemed to incorporate and include the terms and conditions of this Agreement for Equipment and the relevant Purchase Order and Ancillary Agreement (unless otherwise specifically agreed by Buyer), notwithstanding any contrary terms proposed or asserted by the Seller in any other document, including a quotation or delivery documentation. 2.2 In the event, Buyer references an Addendum in its PO, ; such Addendum shall be incorporated by reference into this Agreement for EquipmentGoods. 2.3 After the Effective Date, unless ▇▇▇▇▇ agrees in writing to the contrary, Seller will only sell and supply Equipment Goods to Buyer and Buyer will only purchase and take Equipment Goods from Seller upon and subject to Purchase Orders issued by Buyer to Seller. Such Purchase Orders will be in written or electronic form and will identify the Equipment Goods in question, quantities, and any other information which Buyer chooses to stipulate (including items such as Specificationsspecifications, specific requests and requirements, and any such attachments as Buyer considers necessary or appropriate). 2.4 Upon acceptance by Seller of a Purchase Order the Equipment Goods comprised in that Purchase Order will be sold and supplied (and conclusively deemed to be sold and supplied) by Seller to Buyer under and subject to an Ancillary Agreement. Each and every Ancillary Agreement will comprise (a) the terms and conditions of this Agreement for Equipment Goods (except to the extent varied or modified with the prior specific written agreement of Buyer); (b) the terms and conditions of the relevant Purchase Order; and (c) any other relevant and applicable terms and conditions as may be stipulated or specifically agreed by ▇▇▇▇▇ in writing. 2.5 No terms or conditions of Seller will have any legal effect or constitute a counter offer capable of acceptance by or on behalf of ▇▇▇▇▇ (unless specifically agreed in writing by ▇▇▇▇▇). By the act of selling and supplying EquipmentGoods, Seller shall be conclusively deemed to have accepted and bound by all of the terms and conditions of this Agreement for EquipmentGoods. 2.6 Unless specifically agreed by ▇▇▇▇▇ in writing to the contrary, Seller must accept any and all Purchase Orders in their entirety and will not be entitled to accept part of a Purchase Order only. Purchase Orders supersede any and all previous proposals and agreements between the Parties, with the exception of this Agreement for EquipmentGoods, concerning the Equipment Goods being purchased under the applicable Purchase Order. In the event of a conflict between any prior document or agreement and this Agreement for EquipmentGoods, this Agreement for Equipment Goods, as modified by its Ancillary Agreement(s) shall prevail.

Appears in 4 contracts

Sources: Global Indirect Purchase Terms and Conditions for Goods, Global Indirect Purchase Terms and Conditions for Goods, Global Indirect Purchase Terms and Conditions for Goods