Common use of Offer and Contract Clause in Contracts

Offer and Contract. The following terms, with such terms, plans, specifications or other documents as attached or incorporated by reference on the face of this purchase order, constitute the offer of Caltech to Supplier and shall, when accepted, constitute the entire agreement (“Contract”) between Caltech and Supplier. Caltech gives notice of its objection to any different or additional terms. This Contract is valid only as written. If any proposal is incorporated by reference into this Contract only the technical specification aspects of it are incorporated and not any terms and conditions. If price, terms, shipping date or other expressed condition of this Contract are not acceptable, Caltech must be notified and any variation must be accepted in writing prior to shipment or delivery. This Contract shall be deemed to have been accepted (a) absent written notification of non-acceptance by the Supplier within a reasonable time, or