These Standard Purchase Terms and the terms and conditions contained in any Purchase
Order issued by Mars to the Supplier or that refers to these Standard Purchase Terms
(together, the “Conditions”) apply to the order set forth in the Purchase Order for the supply of
goods (the “Goods”) from or the performance of services (the “Services”) by the Supplier.
The Conditions constitute a contract between the Supplier and Mars (the “Contract”). No
conditions of the Supplier which vary or are in any way inconsistent with the Conditions will be
incorporated into the Contract unless accepted in writing by an authorised representative of
Mars. Further, the acceptance of, or payment for, Goods or Services by Mars shall not
constitute acknowledgement or acceptance of the Supplier’s conditions, unless the Supplier’s
conditions are expressly accepted in writing by Mars. To the extent of any inconsistency
between these Standard Purchase Terms and the Purchase Order, the Purchase Order shall
take priority