Australia-Specific Terms Sample Clauses

Australia-Specific Terms. For Customer who purchase Product(s) in Australia, the following provisions
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Australia-Specific Terms. If Customer purchases Products in Australia, this Section shall apply. For the purposes of this Section, “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth) and “Non-excludable Condition” means certain consumer guarantees, warranties, rights, or remedies under the Australian Consumer Law that cannot be limited, excluded, restricted, or modified, and to which Customer may be entitled. For purposes of the following limitation of liability statement, the parties intend for the following: “service” means Products deployed as Software-as-a-Service, and “goods” means Licensed Software. To the extent permitted by law, Xxxxxxx’x liability in relation to breach of any such Non-excludable Condition shall be limited as follows (and in which “our” “or “us” means Trimble, and “you” means Customer): (i) in the case of the goods, to repairing or replacing the goods, supplying equivalent goods, or paying the costs of repairing or replacing the goods or acquiring equivalent goods; and (ii) in the case of the services, to re-supplying the services or paying the cost of re-supplying the services. Nothing in these terms excludes, restricts, or modifies any condition, warranty, right, or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted, or modified. Nothing in these terms is intended to derogate from Xxxxxxx’x obligations under the Privacy Act 1988 (Cth) as amended from time to time. EXHIBIT A TRIMBLE ENTITY, GOVERNING LAW, AND VENUE/JURISDICTION If Xxxxxxx Inc. or Xxxxxxx Europe B.V. is identified as the contracting party on the Order, the following applies to that Order: Trimble Entity* Governing Law Exclusive Venue/Jurisdiction Xxxxxxx Inc. 00 Xxxxxxx Xxxxx, Sunnyvale, CA 94085 United States Delaware State of Delaware and United States federal courts located in Wilmington, Delaware Xxxxxxx Europe B.V. Xxxxxxxxxxxx 000x, 0000 XX, Xxxx, Xxx Xxxxxxxxxxx The Netherlands Courts of Amsterdam *See additional notice address for Trimble in Section 15.3 (Notices). If “Viewpoint” is identified as the contracting party on the Order or SOW, the following applies to that Order or SOW based on Customer location: Customer Location* Trimble Entity** Governing Law Exclusive Venue/Jurisdiction Australia and countries in the Asia-Pacific Region Viewpoint Software Pty Ltd Level 0 00 Xxxxxx Xxxxxx Chatswood, NSW 2067 Australia New South Wales Courts in New South Wales Canada Viewpoint Construction Software Canada, Inc. 0...

Related to Australia-Specific Terms

  • Country Specific Terms Appendix A contains additional terms and conditions of the Agreement applicable to Participants residing in those countries. In addition, Appendix A also contains information and notices of exchange control and certain other issues of which the Participant should be aware.

  • Product Specific Terms these terms apply to specific Products referenced in this section.

  • Specific Terms Whenever used in this Agreement, the following words and phrases, unless the context otherwise requires, shall have the following meanings:

  • CLOUD SPECIFIC TERMS AND CONDITIONS To the extent that Contractor has received an award for Lot 3, Cloud, the following terms and conditions apply to Lot 3, Cloud. For the duration of an Authorized User Agreement, the Cloud Solution shall conform to the Cloud Solution Manufacturer’s specifications, Documentation, performance standards (including applicable license duration, warranties, guarantees, Service Level Agreements, service commitments, and credits). PROTECTION OF DATA, INFRASTRUCTURE AND SOFTWARE Contractor is responsible for providing physical and logical security for all Data, infrastructure (e.g. hardware, networking components, physical devices), and software related to the services the Contractor is providing under the Authorized User Agreement. All Data security provisions agreed to by the Authorized User and Contractor within the Authorized User Agreement may not be diminished for the duration of the Authorized User Agreement without prior written agreement by the parties amending the Authorized User Agreement.

  • SPECIFIC TERMS AND CONDITIONS To the extent that Contractor has received an award for Lot 4, Implementation Services, the following terms and conditions apply to Lot 4 Implementation Services. All Services covered under Lot 4 – Implementation Services must be performed within CONUS. REQUEST FOR QUOTATION (RFQ) TRANSACTION PROCESS An RFQ for this Lot will be awarded based on, and result in, a deliverable-based Statement of Work (SOW) which will be incorporated into an Authorized User Agreement. The RFQ will include but is not limited to: Authorized User timeframes; system integration requirements; and other risks that may affect the cost to the Authorized User. All responses to RFQs must include detailed price information, including but not limited to: hours required per title, cost per hour, etc. Travel, lodging and per diem costs must be itemized in the total quote and may not exceed the rates in the NYS OSC Travel Policy. More information can be found at xxxx://xxx.xxx.xxxxx.xx.xx/agencies/travel/travel.htm. All costs must be itemized and included in the Contractor’s quote. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE- DISABLED VETERAN OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOB”), thereby further integrating such businesses into New York State’s economy. OGS recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of OGS contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders are expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

  • Definitions Specific to Special Terms The words and phrases listed below, as used in this Contract, shall each have the following definitions:

  • Technical Specifications and Drawings a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods' country of origin.

  • Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise.

  • Technical Specification As enumerated in Special Conditions of Contract/Scope of Work/attached Drawing/ Details/Schedule of Rates.

  • Technical Specifications The Technical Specifications furnished on the CD are intended to establish the standards for quality, performance and technical requirements for all labor, workmanship, material, methods and equipment necessary to complete the Work. When specifications and drawings are provided or referenced by the County, these are to be considered part of the Scope of Work, and to be specifically documented in the Detailed Scope of Work. For convenience, the County supplied specifications, if any, and the Technical Specifications furnished on the CD.

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