Common use of Order of Hardware Clause in Contracts

Order of Hardware. The Customer shall place a Purchase Order through the Site or through other methods accepted by Compass, and such Purchase Order shall constitute an irrevocable offer to purchase specific Hardware from either Compass or a third-party seller, as such Hardware and third- party seller may be specified in the Purchase Order. Each Purchase Order shall be subject to the terms of this Agreement, which will be incorporated therein by reference. In the event of any conflict between the express terms of a Purchase Order and the terms of this Agreement, the express terms of the Purchase Order shall prevail with respect to that Purchase Order only. The unit hashrate is estimated, the final unit hashrate may be changed according to production and Compass reserves the right, in its sole discretion, to rate any unit of Customer Hardware within a range of 10% (plus or minus) the hashrate and/or power wattage stated by the manufacture of such Customer Hardware. Notwithstanding the foregoing, Compass shall have the final authority to modify a Purchase Order in the event Compass identifies a mistake or error in the processing of any such Purchase Order and the modification shall take effect upon Compass’ notification to Customer.

Appears in 2 contracts

Sources: Hosting Service Agreement, Hardware Purchase Agreement