Common use of Terms and Conditions Binding Clause in Contracts

Terms and Conditions Binding. Entire Agreement. The quotation (the “Quotation”) of ▇▇▇▇▇ CORPORATION (“▇▇▇▇▇”) together with these Terms and Conditions of Sale (these “Terms and Conditions”) and all other attachments to the Quotation (collectively, the “Agreement”) is an offer to sell equipment and/or spare parts and any attendant services to Buyer. ▇▇▇▇▇’▇ acceptance of the Agreement is expressly conditioned upon Buyer’s acceptance of these Terms and Conditions. No amendment of these Terms and Conditions (whether such amendment is inconsistent with, different from or in addition to, these Terms and Conditions) will be binding upon ▇▇▇▇▇ unless specifically agreed to in a writing signed by ▇▇▇▇▇. Any ▇▇▇▇▇ failure to object to any provisions contained in any purchase order or other communication from Buyer to ▇▇▇▇▇ shall not be construed as an acceptance of such provisions nor as a waiver of these Terms and Conditions. Any reference by ▇▇▇▇▇ in any communication with Buyer to any purchase order from Buyer shall be for reference purposes only and will not serve to amend the Agreement in any way. No action, inaction or course of dealing by or on behalf of ▇▇▇▇▇ shall be deemed an acceptance of, or agreement with, any term in any other document relating to the subject matter herein to the extent same is inconsistent with the terms of the Agreement, and Buyer hereby waives all right to so claim. Buyer may accept the offer contained in the Agreement by executing and delivering to ▇▇▇▇▇ a copy of the Quotation. There shall be no agreement between ▇▇▇▇▇ and Buyer until the Agreement has been duly executed by both Parties. The Agreement constitutes the entire agreement between ▇▇▇▇▇ and Buyer regarding the subject matter herein and supersedes all prior and contemporaneous agreements between such Parties, whether written or oral, with respect to such subject matter.