Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance.ġ.4 Buyer may not without H.Preston prior written consent assign all or any of its rights under any contract incorporating these conditions.ġ.5 Any reference in these Terms and Conditions to H.Preston shall be taken to include all members of H.Preston group (meaning H.Preston any subsidiary or holding undertaking from time to time of H.Preston and any subsidiary undertaking from time to time of a holding undertaking of that H.Preston Each deviation from or modification of these Terms and Conditions requires the express written agreement of H.Preston in each instance. All other terms or conditions are expressly rejected by H.Preston Buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. H.Preston shall have full discretion in accepting or rejecting any order.ġ.3 Except as set forth in Condition 1.1above, these Terms and Conditions shall be exclusive of and prevail over all other terms and conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced (including those in catalogues specifications or any Buyer terms and conditions, request for quotation, order or confirmation) unless expressly otherwise agreed by H.Preston in writing. If H.Preston and Buyer have entered into a separate written contract relating to the sales of products, or the provision of services, including without limitation a reseller or distributor agreement (but not, for the avoidance of doubt, any Buyer terms and conditions), these Terms and Conditions shall additionally apply to purchases under the separate agreement to the extent they are not inconsistent with the terms of that separate agreement.ġ.2 Any agreement between H.Preston and Buyer shall be binding only if and to the extent that an individual order is expressly accepted by H.Preston in writing. 1.1 These terms and conditions ("Terms and Conditions") apply to all offers, quotations and sales of goods and/or services by H.Preston to any Buyer.
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