Contract: The terms of the Acknowledgement constitute a contract for sale between Summerill Tube Corp, Seller and Buyer, which shall be made in and governed by the laws of the state in which the contract is originated. Buyer agrees that this document and the Summerill Tube Corp quote, Customer Purchase Order, Summerill Tube Corp Acknowledgement and any accepted amendment shall constitute the entire contract between Summerill Tube Corp and Buyer. The delivery of goods referred to herein or the receipt hereof, shall be conclusively deemed to constitute the terms thereof, notwithstanding any prior course of dealing, custom, or usage of trade, or course of performance.
Any proposal for additional or different terms or any attempt by Buyer to vary in any degree any of the terms or this instrument is hereby objected to and rejected, unless documented and acceptable by amendments with Summerill Tube Corp. And this instrument shall be deemed accepted by Buyer without said additonal or different terms, but this instrument not be operated as a rejection of Buyer's offer unless it contains variances in the terms of the description, quantity, price or delivery schedule of the goods. The term "goods" as used herein shall mean items which Summerill Tube Corp is selling to Buyer persuant hereto, whether such are materials or products to be manufactured and delivered or services rendered, or both.