Common use of ORDER PROCESS AND CONTRACT FORMATION Clause in Contracts

ORDER PROCESS AND CONTRACT FORMATION. 4.1 Placing an Order The Customer and any Member may order Products using the Supplier’s approved sales channels (Product Request) at the Prices set out in the Agreement. Each Product Request will be a separate offer by the Customer or the Member (as the case may be) to buy the relevant Products in accordance with the Terms of Business. The Supplier may accept or decline any Product Request in whole or in part at its absolute discretion. Where the Supplier accepts a Product Request (at which point it will become binding (Order)) from the Customer, the resulting contract will be a contract between the Supplier and the Customer. Where the Supplier accepts a Product Request from a Member, the contract will be between the Supplier and that Member. Any reference in the Terms of Business to “Customer” is to be construed as a reference to the party from whom the Product Request is received, being either the Customer (as defined in the Agreement) or a Member. 4.2 The Customer will ensure that each Member accepts the arrangement set out in Section 4.1 and is responsible for notifying the Members of any change under the Agreement which affects the terms of any Order. Where there is a conflict between the terms of the Agreement and any Order, the terms of the Agreement shall prevail.