The terms and conditions of purchase contained herein apply to all quotations made and purchase orders entered into by the seller and shall prevail over any inconsistent terms or conditions contained or referred to in the buyer’s order or in correspondence or elsewhere or implied by trade custom practice or course of dealing, unless specifically agreed to in writing by the Managing Director of the seller irrespective of whether the buyer accepts these conditions by written acknowledgement or by implication or by acceptance of a payment for the goods ordered hereunder. The seller’s failure to object to provisions contained in any communications from the buyer shall not be deemed to be a waiver of the provisions contained herein.