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“Agreement”: refers to the combination of a Purchase Order, these subsequent terms, and potentially a Prime Contract, any approved Change Orders pursuant to the PO, and any other documents as specified in a PO. This Agreement shall have precedence over all other terms and conditions, including any terms or conditions which the supplier (defined below) may purport to apply or which are endorsed upon any correspondence or documents issued by the Supplier irrespective of their date of communication to Electrosonic.
“Purchase Order” (“PO”): the document in which Electrosonic specifies the deliverables which are to be supplied under this Agreement.
“Electrosonic”: refers to the Electrosonic entity requesting the order of the Services.
“Services”: refers to the provision of certain services and/ or the provision of certain materials by the Supplier to Electrosonic as specified in the agreement.
“Supplier”: refers to the entity providing the Services to Electrosonic or any of its affiliates pursuant to a PO.
“Prime Contract”: refers to the main agreement between Electrosonic or any of its affiliates, and its client.
“Price”: refers to the price of the Services as specified in the Purchase Order.
The Supplier understands that the Agreement will become binding and the conditions contained herein shall be deemed to have been accepted upon acceptance of the Purchase Order, or on delivery of the Services, whichever comes first.
Pursuant to the terms and conditions contained herein, Supplier and Electrosonic agree as follows: