Common use of Order Acceptance Clause in Contracts

Order Acceptance. 5.1 All orders placed by the Partner for Goods whether by email, online, in writing or oral (each a "Purchase Order") shall constitute an offer to CPW, under this Agreement, subject to availability of the Goods and to acceptance of the Purchase Order by CPW's representative. Any quotation given by CPW does not constitute an offer capable of acceptance. This Agreement shall apply in respect of all contracts for the supply of Goods of any nature whatsoever by CPW to the Partner. 5.2 CPW and/or the Mobile Network Operator shall be entitled to reject any Purchase Order and/or any order for Airtime for any reason in particular, but without limitation, if the Prospective Customer fails to meet the Mobile Network Operator's requirements as to credit worthiness or the Partner is in breach of any of the provisions of this Agreement. No Commissions or other payments shall be liable to be made to the Partner in connection with any Order that is rejected. 5.3 CPW shall be entitled to reject any Purchase Order which relates to (a) Airtime and (b) Goods for connection to a specific Network where the Partner does not provide as part of the Purchase Order a valid network code provided to the Partner by the Mobile Network Operator. 5.4 Although CPW shall make reasonable checks to avoid errors occurring, CPW reserves the right to cancel or refuse Orders for items shown on the Currys PC World Business website with an incorrect price or with any other incorrect information. No contract shall be made with the Business Purchaser until CPW have dispatched the Order. Where CPW have made a mistake, the Business Purchaser shall be given the option to either: (i) cancel its Order and obtain a refund of any sums paid in advance; and/or (ii) place the Order again at the correct price/on the correct terms. 5.5 All Purchase Orders are accepted and Products supplied subject to this Agreement only. No terms or conditions put forward by the Partner shall apply. 5.6 The Partner shall be responsible for ensuring the accuracy of the Purchase Order and for giving CPW any necessary information to enable CPW to perform its obligations under the Agreement.

Appears in 2 contracts

Sources: Partner Terms and Conditions, Partner Terms and Conditions

Order Acceptance. 5.1 All Purchase Orders submitted by Owner shall ---------------- be deemed to incorporate and be subject to the terms and conditions of this Contract unless otherwise agreed in writing. All Purchase Orders, including electronic orders, shall contain the information necessary for Vendor to fulfill the order. All schedules and requested dates are subject to Vendor's concurrence, provided that if orders placed are made within the agreed to lead times -------- ---- specified in Exhibit L, Vendor shall not withhold its concurrence to the requested dates. No provision or data on any Purchase Order or contained in any documents attached to or referenced in any Purchase Order, or any subordinate document (such as shipping releases), which is inconsistent with the terms of this Contract shall be binding, except data necessary for Vendor to fill the order. All such other data and provisions are hereby rejected. Electronic orders shall be binding on Owner notwithstanding the absence of a signature, provided that the parties have implemented a mutually acceptable electronic -------- ---- order process and such orders deemed to be binding have been issued by Owner and accepted by Vendor in accordance with the process agreed upon by the Partner for Goods whether by emailparties. Order acceptance provisions, onlinetogether with delivery schedules and intervals and forecast requirements are set forth in Exhibit L. While it is Vendor's objective to provide Owner with an acknowledgment of each Purchase Order received, in writing Owner shall advise Vendor to the extent that Owner becomes aware of any missing or oral (each a "Purchase Order") shall constitute an offer late notifications to CPW, under this Agreement, subject to availability of the Goods and to acceptance of ensure that the Purchase Order has not been lost. Changes made by CPW's representative. Any quotation given by CPW does not constitute Owner to an offer capable of acceptance. This Agreement shall apply in respect of all contracts for the supply of Goods of any nature whatsoever by CPW to the Partner. 5.2 CPW and/or the Mobile Network Operator accepted Purchase Order shall be entitled to reject treated as a separate order unless the parties expressly agree otherwise. If any Purchase Order and/or any order for Airtime for any reason in particular, but without limitation, if the Prospective Customer fails such change affects Vendor's ability to meet the Mobile Network Operator's requirements as to credit worthiness or the Partner is in breach of any of the provisions of this Agreement. No Commissions or other payments shall be liable to be made to the Partner in connection with any Order that is rejected. 5.3 CPW shall be entitled to reject any Purchase Order which relates to (a) Airtime and (b) Goods for connection to a specific Network where the Partner does not provide as part of the Purchase Order a valid network code provided to the Partner by the Mobile Network Operator. 5.4 Although CPW shall make reasonable checks to avoid errors occurring, CPW reserves the right to cancel or refuse Orders for items shown on the Currys PC World Business website with an incorrect price or with any other incorrect information. No contract shall be made with the Business Purchaser until CPW have dispatched the Order. Where CPW have made a mistake, the Business Purchaser shall be given the option to either: (i) cancel its Order and obtain a refund of any sums paid in advance; and/or (ii) place the Order again at the correct price/on the correct terms. 5.5 All Purchase Orders are accepted and Products supplied subject to this Agreement only. No terms or conditions put forward by the Partner shall apply. 5.6 The Partner shall be responsible for ensuring the accuracy of the Purchase Order and for giving CPW any necessary information to enable CPW to perform its obligations under the Agreementoriginal Purchase Order, any price, shipment date, or completion date quoted by Vendor with respect to such original order is subject to change and shall be addressed pursuant to the Change Order provisions below in Section 11.

Appears in 1 contract

Sources: System Equipment Purchase Agreement (Leap Wireless International Inc)

Order Acceptance. 5.1 All Purchase Orders shall be deemed to ---------------- incorporate and be subject to the terms and conditions of this Contract unless otherwise agreed in writing. All Purchase Orders, including electronic orders, shall contain the information necessary for Vendor to fulfill the order. All schedules and requested dates are subject to Vendor's concurrence, provided that if orders placed are made within the agreed to lead times specified in Exhibit E, Vendor shall not withhold its concurrence to the requested dates. No provision or data on any Purchase Order or contained in any documents attached to or referenced in any Purchase Order, or any subordinate document (such as shipping releases), which is inconsistent with the terms of this Contract shall be binding, except data necessary for Vendor to fill the order. All such other data and provisions are hereby rejected. Electronic orders shall be binding on Owner notwithstanding the absence of a signature, provided that the parties have implemented a mutually acceptable electronic order process and such orders deemed to be binding have been issued by Owner and accepted by Vendor in accordance with the process agreed upon by the Partner for Goods whether by email, online, in writing parties. Vendor may accept or oral (each a "Purchase Order") shall constitute an offer to CPW, under this Agreement, subject to availability of the Goods and to acceptance of the Purchase Order by CPW's representative. Any quotation given by CPW does not constitute an offer capable of acceptance. This Agreement shall apply in respect of all contracts for the supply of Goods of any nature whatsoever by CPW to the Partner. 5.2 CPW and/or the Mobile Network Operator shall be entitled to reject any Purchase Order and/or any order for Airtime for any reason placed in particular, but without limitation, if accordance with the Prospective Customer fails to meet the Mobile Network Operator's requirements as to credit worthiness or the Partner is in breach of any of the provisions terms of this Agreement. No Commissions or other payments shall be liable to be made to the Partner in connection with any Order that is rejected. 5.3 CPW shall be entitled to reject Contract; provided that, any Purchase Order which relates issued by Owner and not rejected in writing within ten (10) Business Days shall be deemed accepted by Vendor; provided further, Purchase Orders placed by Owner, any Affiliate or on behalf of a Related Operator shall be afforded no less favorable treatment in terms of acceptance than purchase orders placed by other customers of Vendor. Order delivery schedules and intervals and forecast requirements are set forth in Exhibit E. While it is Vendor's objective to (a) Airtime and (b) Goods for connection provide Owner with an acknowledgment of each order received, Owner shall advise Vendor to a specific Network where the Partner does extent that Owner becomes aware of any missing or late notifications to ensure that the order has not provide as part of the been lost. Changes made by Owner to an accepted Purchase Order a valid network code provided to the Partner by the Mobile Network Operator. 5.4 Although CPW shall make reasonable checks to avoid errors occurring, CPW reserves the right to cancel or refuse Orders for items shown on the Currys PC World Business website with an incorrect price or with any other incorrect information. No contract shall be made with treated as a separate order unless the Business Purchaser until CPW have dispatched the Orderparties expressly agree otherwise. Where CPW have made a mistake, the Business Purchaser shall be given the option If any such change affects Vendor's ability to either: (i) cancel its Order and obtain a refund of any sums paid in advance; and/or (ii) place the Order again at the correct price/on the correct terms. 5.5 All Purchase Orders are accepted and Products supplied subject to this Agreement only. No terms or conditions put forward by the Partner shall apply. 5.6 The Partner shall be responsible for ensuring the accuracy of the Purchase Order and for giving CPW any necessary information to enable CPW to perform meet its obligations under the Agreementoriginal Purchase Order, any price, shipment date, or completion date quoted by Vendor with respect to such original order is subject to change and shall be addressed pursuant to the Change Order provisions below in Section 11.

Appears in 1 contract

Sources: System Equipment Purchase Agreement (Leap Wireless International Inc)

Order Acceptance. 5.1 All orders placed by the Partner for Goods whether by email, online, in writing or oral (each a "Purchase Order") shall constitute an offer to CPWCurrys, under this Agreement, subject to availability of the Goods and to acceptance of the Purchase Order by CPW's Currys’ representative. Any quotation given by CPW ▇▇▇▇▇▇ does not constitute an offer capable of acceptance. This Agreement shall apply in respect of all contracts for the supply of Goods of any nature whatsoever by CPW ▇▇▇▇▇▇ to the Partner. 5.2 CPW Currys and/or the Mobile Network Operator shall be entitled to reject any Purchase Order and/or any order for Airtime for any reason in particular, but without limitation, if the Prospective Customer fails to meet the Mobile Network Operator's requirements as to credit worthiness or the Partner is in breach of any of the provisions of this Agreement. No Commissions or other payments shall be liable to be made to the Partner in connection with any Order that is rejected. 5.3 CPW Currys shall be entitled to reject any Purchase Order which relates to (a) Airtime and (b) Goods for connection to a specific Network where the Partner does not provide as part of the Purchase Order a valid network code provided to the Partner by the Mobile Network Operator. 5.4 Although CPW Currys shall make reasonable checks to avoid errors occurring, CPW Currys reserves the right to cancel or refuse Orders for items shown on the Currys PC World Business website with an incorrect price or with any other incorrect information. No contract shall be made with the Business Purchaser until CPW ▇▇▇▇▇▇ have dispatched the Order. Where CPW Currys have made a mistake, the Business Purchaser shall be given the option to either: (i) cancel its Order and obtain a refund of any sums paid in advance; and/or (ii) place the Order again at the correct price/on the correct terms. 5.5 All Purchase Orders are accepted and Products supplied subject to this Agreement only. No terms or conditions put forward by the Partner shall apply. 5.6 The Partner shall be responsible for ensuring the accuracy of the Purchase Order and for giving CPW Currys any necessary information to enable CPW Currys to perform its obligations under the Agreement.

Appears in 1 contract

Sources: Partner Terms and Conditions

Order Acceptance. 5.1 All orders placed Purchase Orders submitted by the Partner for Goods whether by email, online, in writing or oral (each a "Purchase Order") Owner ---------------- shall constitute an offer be deemed to CPW, under this Agreement, incorporate and be subject to availability the terms and conditions of this Contract unless otherwise agreed in writing. All Purchase Orders, including electronic orders, shall contain the Goods information necessary for Vendor to fulfill the order. All schedules and requested dates are subject to acceptance of Vendor's concurrence, provided that if orders are made within the Purchase Order by CPW's representative. Any quotation given by CPW does agreed to lead times specified in Exhibit L, Vendor shall not constitute an offer capable of acceptance. This Agreement shall apply in respect of all contracts for the supply of Goods of any nature whatsoever by CPW withhold its concurrence to the Partner. 5.2 CPW and/or the Mobile Network Operator shall be entitled to reject requested dates. No provision or data on any Purchase Order and/or or contained in any documents attached to or referenced in any Purchase Order, or any subordinate document (such as shipping releases), which is inconsistent with the terms of this Contract shall be binding, except data necessary for Vendor to fill the order. All such other data and provisions are hereby rejected. Electronic orders shall be binding on Owner notwithstanding the absence of a signature, provided that the parties have implemented a mutually acceptable electronic order for Airtime for process and such orders deemed to be binding have been issued by Owner and accepted by Vendor in accordance with the process agreed upon by the parties. Order acceptance provisions, together with delivery schedules and intervals and forecast requirements are set forth in Exhibit L. While it is Vendor's objective to provide Owner with an acknowledgment of each order received, Owner shall advise Vendor to the extent that Owner becomes aware of any reason in particular, but without limitation, if missing or late notifications to ensure that the Prospective Customer fails order has not been lost. Changes made by Owner to an accepted Purchase Order shall be treated as a separate order unless the parties expressly agree otherwise. If any such change affects Vendor's ability to meet the Mobile Network Operator's requirements as to credit worthiness or the Partner is in breach of any of the provisions of this Agreement. No Commissions or other payments shall be liable to be made to the Partner in connection with any Order that is rejected. 5.3 CPW shall be entitled to reject any Purchase Order which relates to (a) Airtime and (b) Goods for connection to a specific Network where the Partner does not provide as part of the Purchase Order a valid network code provided to the Partner by the Mobile Network Operator. 5.4 Although CPW shall make reasonable checks to avoid errors occurring, CPW reserves the right to cancel or refuse Orders for items shown on the Currys PC World Business website with an incorrect price or with any other incorrect information. No contract shall be made with the Business Purchaser until CPW have dispatched the Order. Where CPW have made a mistake, the Business Purchaser shall be given the option to either: (i) cancel its Order and obtain a refund of any sums paid in advance; and/or (ii) place the Order again at the correct price/on the correct terms. 5.5 All Purchase Orders are accepted and Products supplied subject to this Agreement only. No terms or conditions put forward by the Partner shall apply. 5.6 The Partner shall be responsible for ensuring the accuracy of the Purchase Order and for giving CPW any necessary information to enable CPW to perform its obligations under the Agreementoriginal Purchase Order, any price, shipment date, or completion date quoted by Vendor with respect to such original order is subject to change and shall be addressed pursuant to the Change Order provisions below in Section 11.

Appears in 1 contract

Sources: System Equipment Purchase Agreement (Leap Wireless International Inc)