CAPLINQ hereunder (the “Seller”) acceptance of Buyer's order for the purchase of goods ordered hereunder (the “Goods”) is expressly made conditional on Buyer's assent to these terms and conditions (these “Terms”). Buyer shall be deemed to have assented to the provisions hereof in all respects by its acceptance of any Goods shipped, or by failure to give Seller written notice of objection which is received by Seller within ten (10) days of Buyer's receipt of Goods, or receipt of Seller's Order Confirmation (defined below), whichever is earlier. Buyer may return Goods for which it has timely objected to these Terms. Seller's commencement, performance and/or delivery shall be for Buyer's convenience only and shall not be construed as acceptance of Buyer's terms and conditions. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The accompanying invoice, order acknowledgement, and/or any other document delivered from Seller to Buyer along with these Terms (each, the "Order Confirmation" and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral; provided, however, that in the event Seller and Buyer are parties to a separate written agreement negotiated and executed by both parties, said agreement shall control to the extent it conflicts with this Agreement, unless otherwise set forth therein. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.