This document, including the provisions on the face hereof (the “Contract”), constitutes an offer by DreamPak to provide Products to the Customer. If this document is deemed an acceptance of a prior offer by Customer, such acceptance is limited to the express terms contained herein. Customer’s acceptance of this offer is limited to the terms, covenants and conditions contained in this offer. DreamPak hereby objects to and rejects any additional, different or varying terms proposed by Customer, unless DreamPak expressly assents to such terms in writing. Such proposal of additional, different or varying terms by Customer shall not operate as a rejection of DreamPak’s offer unless, and solely to the extent, such variances are in the terms of the description, quantity, price, or place or date of delivery of the Products, and DreamPak’s offer shall be deemed accepted without such additional, different or varying terms. THIS CONTRACT (INCLUDING ALL ITEMS EXPRESSLY INCORPORATED BY REFERENCE) CONSTITUTES THE FINAL EXPRESSION OF THE TERMS BETWEEN DREAMPAK AND CUSTOMER REGARDING THE PRODUCTS AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THOSE TERMS. ANY TERMS, CONDITIONS, NEGOTIATIONS OR UNDERSTANDINGS WHICH ARE NOT CONTAINED IN THIS CONTRACT SHALL HAVE NO FORCE OR EFFECT UNLESS MADE IN WRITING AND SIGNED BY DREAMPAK AND CUSTOMER. DreamPak’s sales representatives are without authority to change, modify or alter the terms of this Contract.
Customer shall be deemed to have made an unqualified acceptance of this offer and the terms and conditions herein on the earliest of the following to occur: (a) DreamPak’s receipt of a copy of this Contract or a Quotation signed by Customer; (b) Customer’s payment of any amounts due under this Contract; (c) Customer’s delivery to DreamPak of any material to be furnished by Customer; (d) DreamPak’s delivery of the Products; (e) failure by Customer to notify DreamPak to the contrary within three days of receipt of this Contract; or (f) any other event constituting acceptance under applicable law.