Common use of Terms & Conditions of Purchase Clause in Contracts

Terms & Conditions of Purchase. (a) Purchases made by Distributor or its Affiliates on its behalf of Exclusive Products or Exclusive Services shall be subject to the following: (i) the terms of this Agreement; (ii) the applicable Supplier Terms; and (iii) any additional terms contained in POs issued hereunder (including, on a PO-by-PO basis, any modifications to the Supplier Terms that the Parties may, from time to time, agree to in writing following negotiations as may be required to meet the specification and contractual requirements of Distributor or Distributor’s end customer). (b) In the event of a conflict in the construction of a PO, the following order of precedence will prevail: (i) first, the terms of this Agreement, excluding the applicable Supplier Terms; (ii) second, the applicable Supplier Terms subject to any modifications pursuant to any Accepted PO agreed in accordance with Section 6.03(h); (iii) third, subject to the limitations set forth in Section 7.02, Supplier’s Software license for the license of Supplier’s Software; (iv) fourth, subject to the limitations set forth in Section 6.02, the terms of any Accepted POs issued hereunder; and (v) fifth, drawings, specifications and related documents specifically incorporated by reference herein or in any PO.

Terms & Conditions of Purchase. (a) Purchases made by Distributor or its Affiliates on its behalf Purchaser of Exclusive Products or Exclusive Services shall be subject to the following: (i) the terms of this Supply Agreement; (ii) the applicable Supplier Terms; and (iii) any additional terms contained in POs issued hereunder (including, on a PO-by-PO by PO basis, any modifications to the Supplier Terms that the Parties may, from time to time, agree to in writing following negotiations as may be required to meet the specification and contractual requirements of Distributor Purchaser or DistributorPurchaser’s end customer). (b) In the event of a conflict in the construction of a PO, the following order of precedence will prevail: (i) first, the terms of this Supply Agreement, excluding the applicable Supplier Terms; (ii) second, the applicable Supplier Terms subject to any modifications pursuant to any Accepted PO agreed in accordance with Section 6.03(h4.03(h); (iii) third, subject to the limitations set forth in Section 7.025.02, Supplier’s Software software license for the license of Supplier’s Softwaresoftware; (iv) fourth, subject to the limitations set forth in Section 6.024.02, the terms of any Accepted POs issued hereunder; and (v) fifth, drawings, specifications and related documents specifically incorporated by reference herein or in any PO.