A contract shall be formed and Buyer shall be deemed to have accepted the provisions of these General Terms by any of the following: (a) signing and returning to Seller a copy of any quotation within the time provided therein (b) sending to Seller a written acknowledgment or acceptance of the quotation within the time provided therein (c) placing a purchase order or giving instructions to Seller respecting manufacture, assembly, or delivery of the Goods (including instructions to build and hold) following receipt of any quotation or these General Terms (d) failing to cancel a pending purchase order which is not deemed to be an acceptance of an offer by Seller within ten days after receiving these General Terms (e) accepting delivery of all or any part of the Goods (f) paying for all or any part of the Goods or (g) indicating in some other manner Buyer’s acceptance of these General Terms. A written quotation issued by Seller is an offer to sell.
All references to “Seller” include the Seller identified above and any affiliate within the United States of such entity that receives a purchase order referencing or otherwise subject to these General Terms.ġ.2 Formation. Any services to be provided by Seller, whether or not they are otherwise ancillary to and part of a sale of goods (as separate units or included as part of an installation), shall be considered ancillary to a sale of goods and the law adopted by these General Terms shall apply to all goods and services to be provided by Seller (collectively “Goods”).
These General Terms and Conditions of Sales and Delivery (“General Terms”) apply to all proposals and quotations submitted by Seller, to all purchase orders received by Seller, and to all sales of goods and services sold by Seller, except as otherwise specifically provided in a document specifically issued by Seller as an exception.
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