Common use of Order Acceptance Clause in Contracts

Order Acceptance. A. This Order is ▇▇▇▇▇’s offer to Seller to purchase the Products and/or Services described in this offer. Any additional terms proposed in Seller’s acceptance of ▇▇▇▇▇’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified on the Order, which add to, vary from, or conflict with the terms herein are hereby objected to by Buyer. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between the Parties and may hereafter be modified only by written instrument executed by the authorized representatives of both Parties. Any of the following shall constitute Seller’s unqualified acceptance of this Order and these terms and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Services under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance of the Order or at any time during the performance of this Order, ▇▇▇▇▇▇ believes that any portion of this Order is inaccurate, inconsistent or incomplete, Seller shall promptly notify Buyer in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in question. In the event that the Seller fails to contact ▇▇▇▇▇ in a timely manner to resolve said discrepancies or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefrom.

Order Acceptance. A. a. This Purchase Order is ▇▇▇▇▇must be accepted in writing by Supplier (or “Vendor”) within ten (10) days of Supplier’s offer receipt hereof. b. If for any reason Supplier fails to Seller accept this Order in writing, the shipment by Supplier of any Goods (or lots thereof) ordered hereby, the furnishing or commencement of any Services called for hereunder (including preparation for manufacture), or the acceptance of any payment by Supplier hereunder, or any other conduct by Supplier that recognizes the existence of a contract pertaining to purchase the Products and/or Services described in subject matter hereof, may, at Buyer’s election, be treated as an unqualified acceptance by Supplier of this offerOrder and all terms and conditions hereof. c Any additional terms and conditions proposed in SellerSupplier’s acceptance or in any acknowledgment, invoice, or other form of ▇▇▇▇▇’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified on the Order, which Supplier that add to, vary from, or conflict with the terms herein are hereby objected to by Buyerrejected. Any such proposed terms shall be void and the terms herein and conditions of this Order shall constitute the complete and exclusive statement of the terms and conditions of the contract between the Parties parties and shall apply to each shipment received by Buyer from Supplier hereunder, and such terms and conditions may hereafter be modified only by written instrument executed by the an authorized representatives representative of both Parties. Any Buyer’s Purchasing Department and an authorized representative of the following shall constitute Seller’s unqualified acceptance of this Order and these terms and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Services under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance of the Order or at any time during the performance of this Order, ▇▇▇▇▇▇ believes that any portion of this Order is inaccurate, inconsistent or incomplete, Seller shall promptly notify Buyer in writing identifying any discrepancies and requesting resolution before proceeding or continuing with the portion of this Order in questionSupplier. In the event that any such proposed terms would, if accepted by Buyer, vary the Seller fails to contact ▇▇▇▇▇ liability or warranty, aspects of these terms then such proposed terms will be null and void unless the acceptance by Buyer is made in writing by a timely manner to resolve said discrepancies member of Buyer’s Owner or inconsistencies and Seller proceeds with or continues any work in question, Seller shall be deemed to have proceeded on its own accord and shall be solely responsible for any errors or omissions, including all associated cost or schedule impacts or both resulting therefromPresident.

Order Acceptance. A. This Order is ▇▇▇▇▇a) Customer’s Order, regardless of any contrary wording, will constitute an offer to Seller to purchase the Products and/or Services described in this offer. Any additional terms proposed in Seller’s acceptance of ▇▇▇▇▇’s offer including, but not limited to, shrink-wrapped or click-through terms not specifically negotiated and identified only on these Conditions (which shall be deemed incorporated into the Order, which add to, vary from, ). If Customer’s Order or conflict with signed Quote or acknowledgment or form of contract sent from the terms herein are hereby objected Customer to by Buyer. Any such proposed terms shall be void Aviat Networks or contained in any other communications between the Customer and the terms herein shall constitute the complete and exclusive statement of the Aviat Networks should contain any terms and conditions of the contract between the Parties and may hereafter be modified only in addition to or in conflict with those contained in these Conditions, Customer, by written instrument executed by the authorized representatives of both Parties. Any of the following shall constitute Seller’s unqualified acceptance of this Order and these terms and conditions: (a) acknowledgment of this Order; (b) furnishing of any part of the Products and/or Services under this Order; (c) acceptance of any payment for the Products/Services under this Order; or (d) commencement of performance under this Order. B. If, after acceptance submission of the Order or at any time during the performance of this Ordersigned Quote, ▇▇▇▇▇▇ believes specifically agrees that any portion of this Order is inaccuratesuch additional or conflicting terms are rejected by Aviat Networks and will be void, inconsistent or incomplete, Seller shall promptly notify Buyer unless expressly accepted in writing identifying and signed by an authorized representative of Aviat Networks. The failure of Aviat Networks to object reasonably to any discrepancies such additional or inconsistent term and requesting resolution before proceeding or continuing with the portion condition will not constitute a waiver of this Order in questionthese Conditions. In the event that absence of Customer’s written acceptance of these Conditions, acceptance of or payment for purchases hereunder shall constitute an acceptance of these Conditions. b) No other terms are implied by trade, custom, practice or prior course of dealing. However, if the Seller fails to contact ▇▇▇▇▇ Order was issued under or in a timely manner to resolve said discrepancies or inconsistencies connection with an applicable master agreement between Aviat Networks and Seller proceeds with or continues any work in questionCustomer (an "Existing Agreement"), Seller then the Existing Agreement will govern and control the Order. c) Customer’s Order shall be deemed accepted by Aviat Networks only when Aviat Networks transmits to have proceeded on Customer its own accord standard Order acknowledgement form. d) The only obligation of Aviat Networks under the Agreement will be to provide the Equipment, Software and Services as listed in the Quote. The technical requirements of the Equipment, Software and Services shall be solely responsible only as specified in the Quote or if not so specified as set forth in Aviat Networks’ standard technical specifications for any errors such Equipment, Software and Services. e) Model, nomenclature and the mechanical and electrical design of Equipment described herein are subject to change without notice, provided that they do not affect the fit, form, or omissions, including all associated cost function of the Equipment in the application originally agreed to with the Customer. f) Customer acknowledges and has submitted Customer’s Order upon (i) signing the Quote in the space provided or schedule impacts or both resulting therefrom(ii) providing Aviat Networks with Customer’s Order.