导航: 律师团队精选案例

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1.2Clause, schedule and paragraph headings shall not affect the interpretation of this agreement. 

1.3A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns. 

1.4The schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement and any reference to this agreement includes the schedules. 

1.5A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. 

1.6Words in the singular shall include the plural and vice versa. 

1.7A reference to one gender shall include a reference to the other genders. 

1.8A reference to a statute, statutory provision or any subordinate legislation made under a statute is to such statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date of this agreement and, in the case of a statute, includes any subordinate legislation made under that statute whether before or after the date of this agreement.

1.9A reference to writing or written includes faxes and e-mail. 

1.10Any obligation in this agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.

1.11A reference to an agreement is a reference to that agreement as varied or novated (in each case, other than in breach of the provisions of this agreement) at any time.

1.12References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule. 

1.13Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2.Supply of the products

2.1During the Term, the Supplier shall supply, and the Customer shall purchase, such quantities of Products as the Customer may order under clause 3 in accordance with the terms and conditions of this agreement.

2.2The Supplier shall at all times perform its obligations under this Agreement in such a way as to comply with the service specification set out in Schedule 2 and to a standard no less than that which might reasonably be expected of a professional provider of such services.

3.Orders 

3.1The Customer shall order such Products as it may from time to time require.

3.2The Supplier shall supply Products in accordance with the Customer's Orders.

3.3Each Order shall:

(a)be given in writing or, if given orally, shall be confirmed in writing within two Business Days; 

(b)specify the type and quantity of Products ordered; and

(c)unless the parties agree that the Customer may specify the date and location after placing the Order, specify the date by which the Order is to be delivered (Delivery Date), and the delivery location (Delivery Location). If the Delivery Date and/or Delivery Location are to be specified after the placing of an Order, the Customer shall give the Supplier reasonable advance notice of the relevant information. 

3.4The Customer shall assign an Order Number to each Order sent to the Supplier and notify such Order Numbers to the Supplier. Each party shall use the relevant Order Number in all subsequent correspondence relating to the Order.

3.5The Customer may at any time amend or cancel an Order by written notice to the Supplier. If the Customer amends or cancels an Order, its liability to the Supplier shall be limited to payment to the Supplier of all costs reasonably incurred by the Supplier in fulfilling the Order up until the date of receipt of the notice of amendment or cancellation, except that where the amendment or cancellation results from the Supplier's failure to comply with its obligations under this agreement the Customer shall have no liability to the Supplier in respect of it.