VIII 1 – 4, this shall also apply to the personal liability for damages on the part of our employees, personnel, representatives and auxiliary persons and vicarious agents. Furthermore, the Orderer assigns to us his receivables up to the value of our goods as a security for our receivables resulting from the processing, combining of our goods with real property against a third party. We are entitled to notify the Orderer’s debtors ourselves of the assignment and collect the receivables. 2.3 "Harmful Code" means any software intentionally designed to (i) disrupt, disable, harm, or impede operation; or (ii) impair operation based on the lapse of time, including but not limited to viruses, worms, time bombs, time locks, drop-de… Where such times are not communicated, the standard order preparation time should be within 15 minutes. VIII. The legal relationship between our company and the Orderer is governed exclusively by the laws of the Slovenia. 1 – 3, - irrespective of the legal nature of the claim raised – is excluded. The NHS terms and conditions are for the use of NHS bodies procuring goods and services from commercial organisations. In the event that such processing, combining, or mixing, occurs in such a manner that the Orderer’s object must be considered the principal object, it is deemed agreed that the Orderer transfers co-ownership to us pro rata. We agree to release, upon the Orderer’s request, the securities of our choice to which we are entitled, to the extent that the realisable value of our securities exceeds our receivables from the Orderer, that are the matter to be secured, by more than 20%. General Terms and Conditions of Sale, Delivery, and Payment. THE MERCHANT UNDERSTANDS AND ACCEPTS THAT CAREEM DOES NOT PROVIDE TRANSPORTATION, FOOD DELIVERY, GROCERY, PHARMACEUTICAL OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION OR GOODS CARRIER AND THAT ALL SUCH TRANSPORTATION, FOOD DELIVERY OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CAREEM OR ANY OF ITS AFFILIATES. “Intellectual Property Rights” means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off; “Menu” means any e-document or virtual page which sets out the Goods offered for sale by you to Customers together with related pricing and which is made available on the Careem Platform; Careem may perform a variety of marketing activities to promote the Merchant and the Merchant’s menu; provided, however, that all such marketing activities will be determined in Careem’s sole and absolute discretion and the Careem Platform may be modified or updated, without notice and from time to time, to reflect any such changes. Claims of the Orderer pertaining to defects of the goods delivered by us or to services performed in breach of our obligations – including damages claims and claims for reimbursement of futile expenses – are limited to a period of one year, unless otherwise provided for under Nos. VIII 1 – 5 of the present General Terms and Conditions of Sale. 4.25. Claims of copyright infringement should be sent to Careem at info@careem.com. We herewith accept the assignment. In the case that the Orderer is in default with calling, accepting, or collecting the goods or services, or if the Orderer is responsible for a delay of the shipment or the service of the goods, we are entitled without prejudice to any other claims, to demand payment of a flat-rate in the amount of the usual local storage charges, regardless of whether the goods are stored in our facilities or those of a third party. If the preparation time of an Order exceeds the communicated expected preparation time, or the waiting time for the Captain exceeds the communicated expected waiting time or, where these times are not communicated, the preparation time of an Order exceeds the standard order preparation time of 15 minutes, the Merchant’s ranking on Careem’s customer-facing application for provision of the Services may decline and a higher expected delivery time will be shown to Customers for the Merchant. The Merchant acknowledges and agrees that any failure on part of the Merchant in returning the Device (whenever requisitioned by Careem or on the termination of this Agreement) will render the Merchant liable to pay for such unreturned Device including for an appropriate action under the Applicable Laws; and DEFINITIONS; In these purchase order terms and conditions, all references to “the Contract” are to the contract between Buyer and Supplier of which these conditions form part, all references to “Buyer” are Innovix Distribution Pte. 4.21. 7.2. 6 estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of Further, unless both you and Careem otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Upon expiration of the due date specified in the invoice, the Orderer is in default pursuant to Article 299.1 of the OZ . If Captain does not accept the Order, Merchant will not receive the Net Sales Value and/or any Payment for such Orders. 6.2.8. For the event that the Orderer combines or mixes the delivered goods with a different principal object he herewith immediately assigns to us his claims against the third party up to the value of our goods. TERMS OF SALE - DELIVERY TERMS. The Merchant acknowledges and agrees that the Careem Platform will provide the following payment mechanisms to Customers for the payment of the Order Value: (a) Cash on delivery; (b) Electronic Payment Mechanism; and (c) Redemption of vouchers and/or discount promotion (if any) approved by Careem. Careem will not be responsible or liable for the (a) quality, quantity, descriptive accuracy and/or taste of the Goods advertised on the Platform; and/or (b) processing of the Orders which have been placed by the Customers with the Merchant on the Careem Platform; and/or (c) any failure on the part of the Merchant to comply with the special requests / instructions of a Customer where such requests and/or instructions have been communicated by the Customer at the time of placing an Order; and/or (d) the delivery of the Goods to the Customer including, but not limited to, the acts or omissions of any Captain. The Merchant undertakes to use the Device in compliance with the instructions for use that may be issued by Careem in this regard; Notwithstanding the foregoing, nothing in this Agreement shall exclude or limit either party’s liability to the other in relation to: 9.5.1. death or personal injury caused by negligence or wilful or reckless misconduct of that party; The time of delivery will take place when the Buyer expressly or by conduct accepts delivery of the Goods; or the Buyer does anything in relation to the Goods that is incon… Definitions and Interpretation 3. “Group” means in relation to any person, that person and any company which is from time to time a subsidiary or holding company of that person or a subsidiary of any such holding company; Merchant will use the Merchant Application to make timely changes or updates to their Information, including but not limited to Menu items and their availability, item descriptions and attributes, item prices, operating hours and any other Information. Terms and conditions for the Customer that the Goods were ready for delivery the Customer has not taken supply of goods The customer's attention is drawn in particular to the provisions of clause 9. Please read these Terms and Conditions carefully. In the event, that, nevertheless, agreed delivery dates are not observed for reasons for which we are responsible, the Orderer may withdraw from the contract after a period of grace of no less than 15 business days set by the Orderer has expired fruitlessly. The Merchant acknowledges and agrees that: (i) Careem is not the manufacturer of any Device provided (ii) Careem cannot provide any warranties or guarantees with respect to the quality or durability of the Device and (iii) it uses the Device at its own risk. If, contrary to Sentence 2, an account current relationship exists between the Orderer and the purchasers of our reserved goods, the account receivable assigned in advance shall also relate to the accepted balance and, in the case of the purchaser’s insolvency, to the balance existing at that date. Merchant shall treat Orders received from Customer ordering via the Careem Platform with the same level of care, preparation times, delivery times if delivery is conducted by the Merchant, and attention, including providing the correct items as per the Customer order and providing the right packaging to avoid spoilage, spillage or destruction of items, as it treats Customer orders received via its own sales channels or via any third party; Merchant will ensure that prices for Goods displayed on a Menu are at all times inclusive of applicable taxes and charges, including VAT; 1. You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Careem Platform or the Merchant Application; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Careem Platform or the Merchant Application except as expressly permitted by Careem; (c) decompile, reverse engineer or disassemble the Careem Platform or the Merchant Application except as may be permitted by Applicable Law; (d) link to, mirror or frame any portion of the Careem Platform or of the Merchant Application; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Careem Platform or of the Merchant Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Careem Platform or the Merchant Application; or (f) attempt to gain unauthorized access to or impair any aspect of the Careem Platform or the Merchant Application or their related systems or networks. Careem is a digital delivery and transportation network which operates a software platform matching, amongst other things, Customers seeking to place Orders with Merchants via the Careem Platform. Careem will display Information and your Menu on the Careem Platform at its discretion; Where this liability for damages is excluded or restricted under No. 4.14. In the case of a complaint of non-conformity that is made improperly or in an untimely manner (No. Terms and Conditions Agreement. Orderer’s obligations /Reservation of title, VII. Unless the ordering party objects in writing to the new prices within one week of notification, the new prices are considered accepted. The same applies in the case of a violation of other obligations to cooperate. Delivery and Performance 9. If the Orderer fails to pay due invoices, observe a payment term, or in the event that the Orderer’s financial situation deteriorates after the conclusion of the contract, or if, after the conclusion of contract, we obtain unfavourable information relating to the Orderer that give rise to doubts as to the orderings party’s solvency or credit-worthiness, we are entitled to accelerate the maturity and declare immediately due the Orderer’s residual debt, and, contrary to the agreement, demand advance payment, or payment of a security, or, upon delivery, immediate payment of all our receivables that are based on the same legal relationship. © 2020, Rides you can choose the one that best suits your personal needs where this liability damages. She shall be furnished o us upon request for examination to Devices apply... Dates for delivery of the matter or other circumstances due date specified the. Relationship Please read these Terms and Conditions of Sale, unless we fraudulently the... 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Nor its AFFILIATES GUARANTEE the QUALITY, SUITABILITY, SAFETY or ABILITY of Customers in default to...