Extract of the General Business Terms and Conditions of PROGNOST Systems Inc.:
§ 1 Applicability
The terms and conditions stated herein shall be an integral part of any contract resulting from any purchase order, quotation, system order or service order placed with PROGNOST Systems, Inc. (“PROGNOST”), whether attached or not attached thereto (and these Terms and Conditions, the quotation, purchase order or service order to which they relate, and the specifications, drawings and documents related thereto shall hereinafter be referred to collectively as the “Agreement”). Any statement made on any form issued by Purchaser shall not operate to defeat the intent of these General Conditions of Sale unless specifically agreed upon in writing by PROGNOST. Additional specific conditions may be included in an offering and shall apply to that offering in conjunction with these Terms and Conditions. Such additional conditions shall govern wherever the two may be inconsistent. The term “Order” means a written contract, Service Order, Work Order or Purchase Order or field ticket, as applicable, pursuant to which PROGNOST will provide certain Work enumerated therein. The term “Products” means the goods, materials, supplies, components, equipment, software, data and information to be sold, leased, licensed or otherwise provided to Customer pursuant to an Order. The term “Services” means all tasks, activities, services, services, jobs, projects and related activities to be provided to Purchaser as described in an Order.