SOLIDSCAPE’s acceptance of this order, purchase order or other customer communication, including email or other electronic communication, by which you, our customer requests to purchase Products or Services from SOLIDSCAPE (herein defined as an “Order”), is expressly subject to acceptance solely on SOLIDSCAPE’ terms and conditions of sale which are set forth in their entirety at: https://store.solidscape.com/solidscape-terms-and-conditions-of-sale/ (the “Terms”). “Order Confirmation” or “Order Acknowledgement” shall be defined to mean any communication from SOLIDSCAPE communicating an acceptance of an Order from customer, including an electronic confirmation of an Order placed electronically. SOLIDSCAPE agrees to sell to Customer, and Customer agrees to purchase, the system(s) (“System“), System parts (“Parts“), proprietary materials and/or other consumables (“Consumables”), and/or other ancillary products services (“Services”) and/or other options and accessories (collectively, the “Products“) and/or Services (all as defined in the Terms) that are requested and set forth in any Order, any and all of which shall be solely governed by the SOLIDSCAPE Terms, notwithstanding any conflicting or additional provisions in any Purchase Order or any other Customer communication. No purported waiver or other modification of these Terms will be effective unless, and only to the extent, specified by an express waiver or modification signed by an executive officer of SOLIDSCAPE. All other proposed modifications or waivers (whether whole or partial) of these Terms are hereby objected to and rejected in all respects. The provisions of such referenced Terms shall have the same force and effect as though set forth herein in their entirety.
These Terms: (i) constitute the entire agreement and understanding between the parties regarding the terms of each Product sale or sale of Services, and supersede all prior and contemporaneous representations, promises, statements, agreements and understandings, written or oral, regarding the subject matter hereof; and (ii) may only be modified and/or waived by a written agreement executed by both parties. Notwithstanding the foregoing, these Terms may be modified by SOLIDSCAPE from time to time and in its discretion, by delivery of replacement Terms to Customer, and by posting such then-current Terms at https://store.solidscape.com/solidscape-terms-and-conditions-of-sale/. Notwithstanding the above, in the event of a conflict in the Terms and the terms of a SOLIDSCAPE Order Confirmation or Acknowledgement, the terms in the SOLIDSCAPE Order Confirmation or Order Acknowledgement shall take precedence and supersede those conflicting terms in the Terms, solely with respect to the subject matter of the Order Confirmation or Order Acknowledgement.