Supplier reserves the right to make deliveries of Product in installments and shall not be liable for any loss or damage arising from late delivery or installation. Shipping or delivery dates of Product are best estimates only.
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The hardware, driver terminal, screens and accessories (“Product”), software (embedded in Product, applications or otherwise accessed via the internet) (“Software”) and customer setup, training and support services (“Support Services”) (together “Services”) provided by Supplier to Customer pursuant to this Agreement are solely for Customer’s internal use and the data or output from the Services may not be resold or otherwise offered to or used by third parties.Ģ.1. Either party may change its address for notice by notice to the other party.ġ.6. The addresses for notice for each party are those in the Agreement or equivalent document. Any notice required or permitted to be given under this Agreement must be in writing and will be deemed effective (i) if given by personal delivery, upon such personal delivery, (ii) if given by nationally-recognized courier or mail service (in either case that has real-time or near-real-time tracking), at the time that the notice is delivered (or an attempt is made to deliver the notice, regardless of whether refused) to the receiver’s premises according to the tracking records of the courier or mail service, or (iii) if given by fax, at the beginning of the next business day at the receiver’s location, provided that the sender’s fax device generates a confirmation that the fax arrived at the receiver’s device and that there is no indication in the course of the transmission that the notice did not arrive at the receiver’s fax device. Any waiver of a breach of the Agreement shall not be a continuing waiver and shall not prevent any claim of a breach of the same terms or any other term.ġ.5. These T&Cs shall apply to any additional orders from Customer accepted by Supplier for the same or materially similar Services.ġ.4. Supplier reserves the right to perform a credit check on Customer within 15 days after receipt of the signed Agreement and before its execution by Supplier and propose and agree alterations.ġ.3. Digital and/or physical signature by Customer shall be proof of agreement and the signature of Supplier is not required.
Placement of a purchase order by the Customer, whether in writing, on the internet, or by e-mail shall mean acceptance of these T&Cs that are deemed incorporated in any purchase order and shall form the contract between the parties. All other terms, or variations to the T&Cs, conditions, term sheets or purchase orders are excluded unless agreed explicitly in writing by Supplier through a Director, Chief Financial Officer, Vice President or Financial Controller. The Agreement constitutes the entire agreement and understanding between the parties and supersedes all previous communications, representations or agreements, written or oral relating to the Services. These Terms and Conditions (“T&Cs”) govern and are hereby incorporated in the Supplier’s Subscriber Agreement and/or Order Form signed by the Customer named in the Agreement (“Customer”) and are collectively, along with exhibits, schedules, invoices, addenda, or written and agreed upon amendments or modifications, referred to as “the Agreement”.ġ.2.
TERMS AND CONDITIONS OF SALE AND LICENSES 1.1.
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