THIS DOCUMENT CONSTITUTES THE TERMS AND CONDITIONS THAT APPLY TO THE WORK UNDERTAKEN IN CONNECTION WITH A CUSTOMER REQUEST AND ALSO CONSTITUTE THE TERMS AND CONDITIONS THAT APPLY TO ANY CONTRACT. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY ACCEPTANCE OF VARIPERM OF ANY ORDER, REQUEST FOR WORK OR CONTRACT IS LIMITED TO AND SUBJECT TO THESE TERMS AND CONDITIONS. THE CUSTOMER AGREES THAT ANY SUPPLEMENTAL, ADDITIONAL OR VARYING TERMS, CONDITIONS, LIMITATIONS OF LIABILITY OR REPRESENTATIONS OR WARRANTIES PROPOSED BY CUSTOMER IN ANY WRITTEN OR ORAL COMMUNICATION BETWEEN THE PARTIES WHETHER BY QUOTE, PURCHASE ORDER, ACCEPTANCE OR DELIVERY DOCUMENT SHALL NOT BE BINDING ON THE PARTIES AND IS EXPRESSLY REJECTED BY VARIPERM. ANY REVISION OR ADDITION TO THESE TERMS AND CONDITIONS MUST BE IN WRITING AND MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF VARIPERM IN ORDER TO BE VALID AND BINDING ON VARIPERM. THE CUSTOMER'S EXECUTION OF ANY CONTRACT, ORDER OR ACCEPTANCE OF WORK IS DEEMED TO BE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
In the event of any conflict between these Terms and Conditions and the terms of any Contract or Order, the Parties agree that these Terms and Conditions shall prevail unless a Contract or Order: (a) makes specific reference and identification (by Section and/or subsection number) to the provision(s) of these Terms and Conditions to be modified; (b) explicitly states the intention of the Parties to effect the modification thereof; and (c) is executed on behalf of each Party by an authorized officer of the Party. Such modifications shall be effective for that provision of the Contract or Order only, and no such agreement shall have the effect of varying or amending these Terms and Conditions (or any others herein) with respect to any other or subsequent provision of the Contract or Order.
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