Common use of Product Agreements Clause in Contracts

Product Agreements. (a) A Product Agreement comes into force when a Service Order is signed in accordance with clause 6.1 by: (1) the Agency as principal; (2) by the Treasurer as principal for the benefit of, on behalf of, the Agency pursuant to section 6.14 of the GSF Act; or (3) by the Agency on behalf of another Agency if the first mentioned Agency is authorised by the second mentioned Agency to act on its behalf, and the Service Provider, or the terms and conditions of the Product Agreement are otherwise agreed and a binding Product Agreement is in effect. (b) The terms and conditions of the Product Agreement consist of: (1) all of the provisions of this Agreement, which relate to an Agency or a Product Agreement, or both, and all of the Service Provider’s representations, warranties, obligations and other commitments under this Agreement, save to the extent that any of them are expressed as a representation, warranty, obligation or other commitment to the State only in its capacity as a Party to this Agreement, or the context requires that they are given to the State only in its capacity as Party to this Agreement; and (2) subject to clause 6.3, any additional provisions or variations to this Agreement agreed between the Agency and the Service Provider in writing in a Service Order or otherwise.

Product Agreements. (a) A Product Agreement comes into force when a Service Order is signed in accordance with clause 6.1 by: (1) the Agency as principal; (2) by the Treasurer as principal for the benefit of, or on behalf of, the Agency pursuant to section 6.14 of the GSF Act; or (3) by the Agency on behalf of another Agency if the first mentioned Agency is authorised by the second mentioned Agency to act on its behalf, and the Service Provider, or the terms and conditions of the Product Agreement are otherwise agreed and a binding Product Agreement is in effect. (b) The terms and conditions of the Product Agreement consist of: (1) all of the provisions of this Agreement, which relate to an Agency or a Product Agreement, or both, and all of the Service Provider’s representations, warranties, obligations and other commitments under this Agreement, save to the extent that any of them are expressed as a representation, warranty, obligation or other commitment to the State only in its capacity as a Party to this Agreement, or the context requires that they are given to the State only in its capacity as Party to this Agreement; and (2) subject to clause 6.3, any additional provisions or variations to this Agreement agreed between the Agency and the Service Provider in writing in a Service Order or otherwise.