2. Acceptance of Order
The Order constitutes Purchaser’s offer to Seller to purchase the Goods and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Seller which shall be evidenced either by written acknowledgement or commencement of performance. Any terms or conditions whatsoever (including prices and delivery dates) proposed by Seller in accepting the terms and conditions herein set forth shall be void and of no effect unless and to the extent expressly agreed by the Purchaser in writing. There are no agreements or understandings other than those contained in the Order, provided that this shall not exclude or limit any liability of either party for any statement it may have made fraudulently prior to the Order.