1) ACCEPTANCE and GOVERNING PROVISIONS. This Purchase Order (“Order) is an offer to purchase by Trek Bicycle Corporation, or any subsidiary thereof, (collectively “Trek”) and is expressly conditioned on Vendor’s (hereinafter “Seller”) assent to all of the terms and conditions contained herein. By commencing work or making shipment pursuant to this Order, Seller agrees that the terms and conditions contained herein are effective and binding. Seller may accept this Order by executing the acknowledgement on the duplicate copy hereof and returning such copy to Trek, or by commencing work or making shipment pursuant to this Order and, upon acceptance, this shall constitute a contract between Trek and Seller. No present or subsequent modifications of this Order shall be effective unless written hereon and initialed by an authorized agent of Trek or contained in a separate writing signed on behalf of Trek. Other statements or actions by agents of Trek shall not be valid unless and until so written and signed as required.