Buyer shall deliver the equipment, goods, and inventory to Seller and provide any and all documentation establishing title to such goods and equipment it is trading in, including all customs related paperwork. Buyer shall deliver the equipment, goods, and inventory to Seller and provide any and all documentation establishing title to such goods and equipment it is trading in, including all US customs related paperwork. Independent Contractor Relationship. The relationship between Buyer and Seller for the performance of Services is that of an independent contractor. Nothing shall be construed as creating a relationship of joint venturers, partners, employer-employee, or agent.
Federal, state, local, income and payroll taxes of any kind shall be withheld or paid by Buyer on behalf of Seller or Seller’s employees. Buyer shall deliver the equipment, goods, and inventory to Seller and provide any and all documentation establishing title to such goods and equipment it is trading in. 18.1 In consideration of the agreement by the Seller to enter into this Agreement at the request of the Guarantor, as director of the Buyer, the Guarantor undertakes to procure the strict observance and performance by the Buyer of each and all of his obligations contained or referred to in his Agreement including without limitation the terms for payment and the provisions of clause 7 of this Agreement. 8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Seller within 7 days from the date of delivery or within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
These general descriptions are not to be taken as specifications or an operating manual. The Buyer agrees that the specifications and operating manual for the Goods may be used by the Buyer to satisfy itself that the Goods conform to the Buyer’s requirements and are suitable for the Buyer’s purpose. The Seller may if and to the extent necessary to protect its legitimate interests correct any genuine error in any sales literature, quotation, price list, acceptance of Offer, invoice or other document without any liability to the Buyer. These Supplemental Service Terms apply to each order for the purchase of training or service calls by Seller’s employees, agents or representatives (“Services”) and are incorporated by reference in Seller’s Standard Terms and Conditions of Sale (“Terms and Conditions”).
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall forthwith become due and payable. 4.5 Provided that items requiring return to the Seller (e.g. transport tyres and chains) are delivered to the Seller within 60 days of delivery no charge shall be made for those items. In event of default the cost of replacement of such items shall be charged to the Buyer. 2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with either any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions. These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. For Australian Buyers, the Seller is not required to give the Buyer notice of delivery in accordance with s32 of the Sale of Goods Act or corresponding legislation in any other applicable jurisdiction.
As taxas de câmbio são muito voláteis
Unless otherwise indicated, Prices quoted are exclusive of GST. The Buyer is required to pay all GST for which the Seller is liable in respect of the Goods or any part of the Goods at the same time that payment is made. 17.3 The Buyer has no right to set off against the Price any amounts which the Buyer contends that the Seller may owe to the Buyer irrespective of any alleged warranty claim. 8.3.3 the above warranties do not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the relevant manufacturer to the Seller.
- In the event Seller provides Buyer a trade package discount with respect to the price for the Goods, the full discount will not be applied unless Seller receives all traded goods and equipment within 30 days of invoicing.
- Unless the Seller has specifically agreed otherwise in writing, the Buyer agrees that it will not be entitled to terminate any future instalment comprising the Order due to the Seller’s failure to deliver an instalment of Goods.
- SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AS TO THE PRODUCT FURNISHED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY,TITLE, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- If the Seller agrees to deliver the Goods to the premises of the Buyer and if the Seller contracts with a carrier to do so, delivery of the Goods to the carrier in all circumstances constitutes delivery to the Buyer.
8.2 The Seller provides limited customer warranties for the Goods which are available for inspection at /en-eu/warranty-service. 8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship. 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery. 6.4 In the event that delivery is delayed by the Buyer, the Seller may immediately invoice for the Goods and the Buyer shall in addition pay the cost of the failed delivery. 5.2 The Buyer shall pay the price of the Goods on the Payment Date.
Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent, and any attempted assignment without such consent will be null and void with no effect or consequence. Any assignee may reassign the agreement, or any of them without notice to you, and shall have all of the rights but none of Seller’s obligations under the Agreement. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. Prices are stated and payable in the currency set forth in the price list.
Passo 4 – Configure parâmetros e faça seu trade
Physical possession, risk of damage or loss and reward to the Goods are deemed to pass to the Buyer at Seller’s Location. The Buyer hereby agrees to pay all costs of delivery of the Goods to the Buyer. If Seller is unable to deliver the Goods on or prior to such date, and notifies the Buyer of such fact prior to the Delivery Date, Seller shall not be liable to the Buyer for any damages, including without limitation lost profits, consequential or incidental damages, for delayed delivery or non-delivery of the Goods to the Buyer. All Goods shall be packaged, marked and otherwise prepared in accordance with good commercial practices.
These terms and conditions shall be governed and construed in accordance with the laws of the State of New South Wales for supplies to Australian Buyers and the laws of New Zealand for supplies to NZ Buyers. anna kharchenko To the full extent permitted by law all other warranties or liabilities imposed or implied whether by law or by statute are excluded. Loss or damage due to the Buyer’s negligent handling of the Goods.
Sinais Forex Trade
Interest will be calculated on daily balances from the day following the date upon which payment should have been made at the Cash Rate Target of the Reserve Bank of Australia from time to time plus a margin of 4% per annum. The Buyer agrees that the Seller is not required to demand payment of outstanding invoices before the Buyer’s liability to the Seller to pay interest is incurred. Survival; Severability. Any term or condition that is declared unlawful or unenforceable by a court of competent jurisdiction will not apply.
The Buyer agrees that the Seller may obtain information about the Buyer from any business which provides information about the commercial creditworthiness of persons for the purposes of assessing the Buyer’s application to purchase the Goods on credit and collecting any overdue amounts. When Goods Ordered are shipped from outside the country in which Buyer seeks delivery and the Buyer arranges the transport of the Goods, the Seller will not be liable for any claim in connection with and damage to the Goods during transit. If a clause in these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability.
Pares Principais – Trader Forex
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative. The payment of the cost of having the Goods repaired. If the Goods are purchased by an NZ Buyer for business purposes, the Buyer agrees that the Consumer Guarantees Act 1993 does not apply. The Seller reasonably believing any of the events or any event similar to that described above in clause 8 is about to occur. Terminate the Order, without liability to the Buyer for the Seller’s failure. The Buyer must do anything which the Seller requires for the purposes of ensuring that the security interest is enforceable, perfected, first in priority and otherwise effective under the NZ PPSA.
The Buyer agrees that in addition to those rights, the Seller shall, if there is default by the Buyer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those provisions but also, as additional and independent rights, under this document, and the Buyer agrees that the Seller may do so in any manner it sees fit including by private or public sale, lease or licence. Nothing shall be construed as creating a relationship of joint venturers, partners, employeremployee, or agent. Personnel furnished by Seller shall be and will remain always Seller’s employees and under no circumstances are they to be considered Buyer’s employees or agents. No employees of Seller shall participate in any benefit of Buyer, including health insurance, paid vacation or other labor and social security benefit provided by Buyer to its own employees. All Services shall be inspected and approved by Buyer upon completion.
CUSTOMER TERMS & CONDITIONS
8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods , but the Seller shall have no further liability to the Buyer. 7.2 Notwithstanding delivery and the passing responsive design of risk in the Goods, or any other provision of these Conditions. The title in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. 6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused.
Seller may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers. 17.11 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts. 17.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss costs , damages, charges and expenses incurred by the Seller as a result of cancellation. 2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. Subject to the rights of the Buyer under any law that cannot be excluded by these terms, the Buyer agrees that it is liable eightcap forex for all losses and liabilities resulting from the use of the Goods even if the Seller had, or should have had, prior knowledge of the use to which the Goods would be put, unless the loss or liability arises from the wrongful or negligent act or omission of the Buyer. The Buyer agrees that items used to transport the Goods such as transport tyres and transport chains remain the property of the Seller and must be returned to the Seller within 60 days of the delivery date of the Goods. The Buyer agrees that if it does not return the transport tyres and transport chains to the Seller within this time, it must pay the Seller the reasonable replacement cost of the unreturned items.
All such insurance coverage shall name Seller as loss payee and additional insured. If Buyer purchases any Goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the Goods. Buyer shall indemnify and hold harmless Seller from and against any and all claims, losses, liabilities, damages and expenses (including but not limited to attorneys’ fees and other costs of defence) arising from or otherwise connected with Buyer’s or its agent’s failure to properly install the Goods. If Buyer is required to install or erect any Goods, Buyer shall install and/or erect the Goods in accordance with any Seller instructions.
12.1 Background to the limits and exclusions on the Seller’s liability The Seller has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £ per claim. [The Seller has been unable to obtain insurance in respect of certain types of loss at a commercially viable price.] The limits and exclusions in this clause reflect the insurance cover the Seller has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss. 9.2 in the event of the Seller needing to take proceedings to recover monies or possession of Goods to enforce its rights under this Agreement, the Buyer shall be liable to the Seller for all costs and expenses including the Sellers solicitors fees on an indemnity basis. Subject to the Seller’s obligations under the Privacy Act for Australian Buyers and the Seller’s obligations under the New Zealand Privacy Act 1993 for NZ Buyers, and other applicable laws, the Seller may give the information referred to in below to a credit reporting agency to obtain a consumer credit report about the Buyer or to allow the credit reporting agency to create or maintain a credit information file about the Buyer. The Buyer agrees that the Seller may disclose a credit report about it to any credit provider, debt collecting agency or the Seller’s insurers for the purposes of assessing the Buyer’s creditworthiness or to collect any overdue payments . The Seller may charge the Buyer interest on overdue amounts.