'ABC' shall mean ABC (China) Electronics, Ltd. 'Customer' shall mean the customer named in the Agreement; and 'Product' shall collectively mean the Equipment and Software which ABC and Customer agree to be serviced pursuant to this Service Agreement. Such Product is listed on the first page of this Agreement.
2.Acceptance.
The terms and conditions set forth on all twelve pages of this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by ABC''s Service Department; and the banking, negotiation or other use of any payment shall not constitute an acceptance by ABC. It is agreed that Service shall be provided only on the terms and conditions contained in this Agreement. ABC shall not be bound by terms and conditions in Customer''s purchase order or elsewhere unless expressly agreed to in writing. Both parties to this Agreement agree that upon acceptance by ABC''s Service Department, ABC''s interest in the Agreement is assigned to ABC, Inc. (MINC). ...