Contract Formation_MJ Flood Security
2.1 Any Quotation given by the Company will be valid for the validity period stated in the Quotation and will constitute an offer.
2.2 The parties agree that upon the Company issuing a Quotation to the Client, for a binding contract to be formed, the Quotation will be signed by the Client which shall constitute the Client’s acceptance of the Quotation. If the Quotation is not signed by the Client but instead the Client issues a separate Purchase Order to the Company, this Purchase Order shall be deemed to be acceptance of the Quotation. If the Purchase Order contains any terms and conditions, those will be disregarded, and these Conditions shall apply. The Quotation will form a contract for the purchase of goods set out in the Quotation (“Goods”) and/or the services set out in the Quotation (“Services”) and the provision of Deliverables from the Company on these Conditions. If a Quotation or Purchase Order is not signed, finalised or provided prior to the commencement of the supply of the Goods, performance of the Services or provision of Deliverables by the Company, such Quotation will be deemed to have been signed on the date on which the Goods and/or the Services and/or the Deliverables are first delivered or provided and shall form the Contract under these Conditions.
2.3 These Conditions and any terms and conditions described or referred to herein are the only terms and conditions on which the Company will supply Goods, Services and/or Deliverables to the Client and shall apply exclusively to the entire business relationship between the Company and the Client for the Goods, Services and Deliverables. These Conditions will apply to the exclusion of all other terms and conditions (including any terms and conditions set out in the Purchase Order) and all terms and conditions diverging from these Conditions shall not be valid even if the Company has effected delivery of Goods or began providing Services without reservation, including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order or similar document (whether or not such document is referred to in the Contract) regardless of the timing of sending such terms and conditions, and any terms and conditions which may otherwise be implied by trade, custom, practice or course of dealing. These Conditions will apply to the exclusion of all other terms and conditions even if the Conditions are not specifically referred to in future correspondences.
2.4 Delivery of the Goods or Deliverables or commencement of the performance of the Services will be deemed conclusive evidence of the Client’s acceptance of these Conditions.
2.5 The Company will be entitled, at its discretion, to deliver Goods by separate instalments. The Company will be entitled to invoice the Price for each instalment separately in accordance with Condition 8.6. Each instalment will be deemed to be a separate contract and no cancellation or termination of any one contract relating to an instalment will give the Client the right to cancel or terminate any other contract.