Common use of Customer Acknowledgements Clause in Contracts

Customer Acknowledgements. 4.1 The customer acknowledges and agrees that: (a) The description of the goods shall be as set out in the Supplier’s order confirmation. All drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of this agreement (b) Variations consequent upon review of specifications, materials and/or source of goods may occur from time to time and the customer waives any right to receive details or information concerning the reviews or the implementation of those reviews or both and agrees to accept the goods subject to the varied specifications, material and/or source of goods (c) The customer has not, in acquiring the goods for any particular purpose, relied upon the skill, judgment or recommendation of the Supplier or any of its employees or agents (d) For goods being carpet, roll sizes as stated on price lists and other information are average sizes only and variations will occur from time to time. Unless the customer specifically requests more than one roll from the same dye lot, both at the time of ordering and at the time when the order is confirmed, and marks their requirement as “all same dye lot”, the Supplier will use reasonable endeavours to accommodate the customer request but the Supplier is under no obligations to ensure that the goods are from the same dye lot and shall not be liable to the customer where it does not secure this (e) All goods sold as budget items or as seconds quality, specials, mill ends, unwarranted products, remnants or on an “as is” basis or invoiced as Budget or Merchandise, are sold without warranty and all defects (if any) in such products shall, by the customer, be brought to the attention of any third party purchasers of such goods (f) The customer will not tamper with any of the Supplier’s labelling on samples, or, without the prior consent of the Supplier, sell goods under brands or product names other than the brand/name under which the goods are sold to the customer by the Supplier (g) Any goods being display units, stands and samples and associated point of sale/promotional material are supplied on the basis that such goods will only be utilised in accordance with the Supplier’s guidelines/instructions from time to time orasset outin anyspecificintellectual property use agreementapplicabletothegoods. 4.2 If the goods are supplied to the customer’s design, the customer warrants that the manufacture and supply of such goods bythe Supplierwill notinfringe any patent, copyright, registered design orotherrights ofany person. 4.3 The customer will provide to the purchaser at the time of sale a copy of the most up to date version of the relevant Supplier care and maintenance instructions and warranties applicable to the goods. 4.4 All samples, plans, drawings, data, descriptions or other specifications (together with any copyright, design rights or any other intellectual property rights in them) or any other confidential information (including, without limitation, sales and marketinformation and business strategies) supplied bythe Supplier oranyassociated entity of the Supplier to the customer in connection with the order of the goods, are the exclusive property of that supplying entity and shall be held in strict confidence by the customer and are to be used solely for the purposes originally intended in connection with the sale and purchase of the goods. The customermust keep confidential and not use or disclose to any third party the information contained in those documents except to the extent required for the purpose of the sale and purchase of the goods or as required by law, and must treat such data, information and resulting work product with the same degree of care and confidence that the customer uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care) and shall ensure that each of its employees 4.5 The customer shall not use the Supplier’s name in advertising or publicity of any kind without the Supplier’s prior express written consent. The parties agree that nothing in these terms is intended to transfer ownership of any confidential information or intellectual property of the Supplier and the customer shall have no ownership interest in any such information. 4.6 The Supplier grants and licences to the customer the non-exclusive, non-transferable right to use the trademarks and copyrights designated by the Supplier in conjunction with its marketing and sale of the goods. The customer shall adhere to the Supplier’s rules regarding the use of trademarks, copyrights and other intellectual property rights. It is expressly understood that the customer may use such trademarks only for marketing and selling the goods in accordance with these limitations and shall refrain from using such trademarks or any marks, names or signs resembling such trademarks in any other context or capacity and shall not market or sell the goods under any logo, trademark or brand name other than as designated by the Supplier. The customer agrees that it has no right, title or interest in the trademarks ofthe Supplier excepttousethesame asset outin theseterms.

Customer Acknowledgements. 4.1 The customer acknowledges and agrees that: (a) The description of the goods shall be as set out in the Supplier’s order confirmation. All drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of this agreement (b) Variations consequent upon review of specifications, materials and/or source of goods may occur from time to time and the customer waives any right to receive details or information concerning the reviews or the implementation of those reviews or both and agrees to accept the goods subject to the varied specifications, material and/or source of goods (c) The customer has not, in acquiring the goods for any particular purpose, relied upon the skill, judgment or recommendation of the Supplier or any of its employees or agents (d) For goods being carpet, roll sizes as stated on price lists and other information are average sizes only and variations will occur from time to time. Unless the customer specifically requests more than one roll from the same dye lot, both at the time of ordering and at the time when the order is confirmed, and marks their requirement as “all same dye lot”, the Supplier will use reasonable endeavours to accommodate the customer request but the Supplier is under no obligations to ensure that the goods are from the same dye lot and shall not be liable to the customer where it does not secure this (e) All goods sold as budget items or as seconds quality, specials, mill ends, unwarranted products, remnants or on an “as is” basis or invoiced as Budget or Merchandise, are sold without warranty and all defects (if any) in such products shall, by the customer, be brought to the attention of any third party purchasers of such goods (f) The customer will not tamper with any of the Supplier’s labelling on samples, or, without the prior consent of the Supplier, sell goods under brands or product names other than the brand/name under which the goods are sold to the customer by the Supplier (g) Any goods being display units, stands and samples and associated point of sale/promotional material are supplied on the basis that such goods will only be utilised in accordance with the Supplier’s guidelines/instructions from time to time orasset outin anyspecificintellectual property use agreementapplicabletothegoods... 4.2 If the goods are supplied to the customer’s design, the customer warrants that the manufacture and supply of such goods bythe Supplierwill notinfringe any patent, copyright, registered design orotherrights ofany person. 4.3 The customer will provide to the purchaser at the time of sale a copy of the most up to date version of the relevant Supplier care and maintenance instructions and warranties applicable to the goods. 4.4 All samples, plans, drawings, data, descriptions or other specifications (together with any copyright, design rights or any other intellectual property rights in them) or any other confidential information (including, without limitation, sales and marketinformation and business strategies) supplied bythe Supplier oranyassociated entity of the Supplier to the customer in connection with the order of the goods, are the exclusive property of that supplying entity and shall be held in strict confidence by the customer and are to be used solely for the purposes originally intended in connection with the sale and purchase of the goods. The customermust keep confidential and not use or disclose to any third party the information contained in those documents except to the extent required for the purpose of the sale and purchase of the goods or as required by law, and must treat such data, information and resulting work product with the same degree of care and confidence that the customer uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care) and shall ensure that each of its employeesemployees towhom such data, information orwork productis knownare heldtoasimilarstandard. 4.5 The customer shall not use the Supplier’s name in advertising or publicity of any kind without the Supplier’s prior express written consent. The parties agree that nothing in these terms is intended to transfer ownership of any confidential information or intellectual property of the Supplier and the customer shall have no ownership interest in any such information.the 4.6 The Supplier grants and licences to the customer the non-exclusive, non-transferable right to use the trademarks and copyrights designated by the Supplier in conjunction with its marketing and sale of the goods. The customer shall adhere to the Supplier’s rules regarding the use of trademarks, copyrights and other intellectual property rights. It is expressly understood that the customer may use such trademarks only for marketing and selling the goods in accordance with these limitations and shall refrain from using such trademarks or any marks, names or signs resembling such trademarks in any other context or capacity and shall not market or sell the goods under any logo, trademark or brand name other than as designated by the Supplier. The customer agrees that it has no right, title or interest in the trademarks ofthe Supplier excepttousethesame asset outin theseterms.

Customer Acknowledgements. 4.1 The customer acknowledges and agrees that: (a) The description of the goods shall be as set out in the Supplier’s order confirmation. All drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of this agreement (b) Variations consequent upon review of specifications, materials and/or source of goods may occur from time to time and the customer waives any right to receive details or information concerning the reviews or the implementation of those reviews or both and agrees to accept the goods subject to the varied specifications, material and/or source of goods (c) The customer has not, in acquiring the goods for any particular purpose, relied upon the skill, judgment or recommendation of the Supplier or any of its employees or agents (d) For goods being carpet, roll sizes as stated on price lists and other information are average sizes only and variations will occur from time to time. Unless the customer specifically requests more than one roll from the same dye lot, both at the time of ordering and at the time when the order is confirmed, and marks their requirement as “all same dye lot”, the Supplier will use reasonable endeavours to accommodate the customer request but the Supplier is under no obligations to ensure that the goods are from the same dye lot and shall not be liable to the customer where it does not secure this (e) All goods sold as budget items or as seconds quality, specials, mill ends, unwarranted products, remnants or on an “as is” basis or invoiced as Budget or Merchandise, are sold without warranty and all defects (if any) in such products shall, by the customer, be brought to the attention of any third party purchasers of such goods (f) The customer will not tamper with any of the Supplier’s labelling on samples, or, without the prior consent of the Supplier, sell goods under brands or product names other than the brand/name under which the goods are sold to the customer by the Supplier (g) Any goods being display units, stands and samples and associated point of sale/promotional material are supplied on the basis that such goods will only be utilised remain the property of the Supplier and upon the payment of any contribution (which is non-refundable) the Supplier grants a licence to use such goods in accordance with the Supplier’s guidelines/instructions from time fromtime totime oras set outin anyspecificlicence/use agreement applicable to time orasset outin anyspecificintellectual property use agreementapplicabletothegoodsthegoods. 4.2 If the goods are supplied to the customer’s design, the customer warrants that the manufacture and supply of such goods bythe Supplierwill notinfringe any patent, copyright, registered design orotherrights ofany person. 4.3 The customer will provide to the purchaser at the time of sale a copy of the most up to date version of the relevant Supplier care and maintenance instructions and warranties applicable to the goods. 4.4 All samples, plans, drawings, data, descriptions or other specifications (together with any copyright, design rights or any other intellectual property rights in them) or any other confidential information (including, without limitation, sales and marketinformation and business strategies) supplied bythe Supplier oranyassociated entity of the Supplier to the customer in connection with the order of the goods, are the exclusive property of that supplying entity and shall be held in strict confidence by the customer and are to be used solely for the purposes originally intended in connection with the sale and purchase of the goods. The customermust keep confidential and not use or disclose to any third party the information contained in those documents except to the extent required for the purpose of the sale and purchase of the goods or as required by law, and must treat such data, information and resulting work product with the same degree of care and confidence that the customer uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care) and shall ensure that each of its employeesemployees towhom such data, information orwork productis knownare heldtoasimilarstandard. 4.5 The customer shall not use the Supplier’s name in advertising or publicity of any kind without the Supplier’s prior express written consent. The parties agree that nothing in these terms is intended to transfer ownership of any confidential information or intellectual property of the Supplier and the customer shall have no ownership interest in any such information. 4.6 The Supplier grants and licences to the customer the non-exclusive, non-transferable right to use the trademarks and copyrights designated by the Supplier in conjunction with its marketing and sale of the goods. The customer shall adhere to the Supplier’s rules regarding the use of trademarks, copyrights and other intellectual property rights. It is expressly understood that the customer may use such trademarks only for marketing and selling the goods in accordance with these limitations and shall refrain from using such trademarks or any marks, names or signs resembling such trademarks in any other context or capacity and shall not market or sell the goods under any logo, trademark or brand name other than as designated by the Supplier. The customer agrees that it has no right, title or interest in the trademarks ofthe Supplier excepttousethesame asset outin theseterms.

Customer Acknowledgements. 4.1 The customer Customer acknowledges and agrees thatthat subject to clause 2.2: (a) The description it has satisfied itself as to the condition and suitability of Software for Customer’s purposes; (b) it has not relied on Financier in deciding to enter into this Software Funding Agreement; (c) it has obtained its own independent taxation, legal, financial and accounting advice in relation to this Software Funding Agreement, or else has determined that it does not require independent advice of this kind; (d) it will, at its own cost, obtain delivery and, if applicable, installation and commissioning of Software; (e) Financier will not be liable for any delay in delivery, installation or commissioning of Software; (f) Customer must satisfy itself that Hardware is adequate for the installation and operation of Software and Customer is not relieved of any obligation because Software and/or Hardware is or becomes defective, damaged, lost, stolen, destroyed or unsuitable for Customer's purposes;‌‌ (g) Financier is providing the Amount Financed to enable the purchase of Software by Customer directly from Software Seller or Software Supplier (as applicable); (h) Financier is not a party to the XXXX, has no interest in the XXXX and does not purport to sub-licence or otherwise grant rights in respect of the goods shall XXXX; (i) Financier is not Software Seller and makes no representation in relation to Software or Hardware; (j) Customer has selected Software and Software Seller based upon Customer’s own skill and judgment; (k) the terms governing Customer’s use, rights and obligations in respect of Software are governed by the XXXX and Customer agree to be bound by the terms of the XXXX, including without limitation, any obligations or restrictions relating to the operation or use of Software as set out in the Supplier’s order confirmation. All drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of this agreementXXXX; (bl) Variations consequent upon review of specifications, materials and/or source of goods may occur from time to time and the customer waives any right to receive details or information concerning the reviews or the implementation of those reviews or both and agrees to accept the goods subject to the varied specifications, material and/or source of goods (c) The customer Customer has not, in acquiring the goods for any particular purpose, relied upon the skill, judgment or recommendation of the Supplier or any of its employees or agents (d) For goods being carpet, roll sizes as stated on price lists and other information are average sizes only and variations will occur from time to time. Unless the customer specifically requests more than one roll from the same dye lot, both at the time of ordering and at the time when the order is confirmed, and marks their requirement as “all same dye lot”, the Supplier will use reasonable endeavours to accommodate the customer request but the Supplier is under no obligations to ensure that the goods are from the same dye lot and shall not be liable to the customer where it does not secure this (e) All goods sold as budget items or as seconds quality, specials, mill ends, unwarranted products, remnants or on an “as is” basis or invoiced as Budget or Merchandise, are sold without warranty and all defects (if any) in such products shall, by the customer, be brought to the attention of any third party purchasers of such goods (f) The customer will not tamper with any of the Supplier’s labelling on samples, or, without the prior consent of the Supplier, sell goods under brands or product names other than the brand/name under which the goods are sold to the customer by the Supplier (g) Any goods being display units, stands and samples and associated point of sale/promotional material are supplied on the basis that such goods will only be utilised in accordance with the Supplier’s guidelines/instructions from time to time orasset outin anyspecificintellectual property use agreementapplicabletothegoods. 4.2 If the goods are supplied to the customer’s design, the customer warrants that the manufacture and supply of such goods bythe Supplierwill notinfringe any patent, copyright, registered design orotherrights ofany person. 4.3 The customer will provide to the purchaser at the time of sale obtained a copy of the most up XXXX from Software Supplier prior to date version entering into this Software Funding Agreement, has read and understood its terms and conditions and accept the scope of the relevant Supplier care any representations, warranties and maintenance instructions and warranties applicable to the goods.undertakings provided by Software Supplier; and‌ 4.4 All samples, plans, drawings, data, descriptions (m) Financier does not provide any representation or other specifications (together with any copyright, design rights or any other intellectual property rights in them) or any other confidential information (including, without limitation, sales and marketinformation and business strategies) supplied bythe Supplier oranyassociated entity of the Supplier to the customer warranty in connection with Software, the order of the goodsXXXX, are the exclusive property of that supplying entity and shall be held in strict confidence by the customer and are to be used solely for the purposes originally intended in connection with the sale and purchase of the goods. The customermust keep confidential and not use their operation or disclose to any third party the information contained in those documents except to the extent required for the purpose of the sale and purchase of the goods or as required by law, and must treat such data, information and resulting work product with the same degree of care and confidence that the customer uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care) and shall ensure that each of its employees 4.5 The customer shall not use the Supplier’s name in advertising or publicity of any kind without the Supplier’s prior express written consent. The parties agree that nothing in these terms is intended to transfer ownership of any confidential information or intellectual property of the Supplier and the customer shall have no ownership interest in any such informationuse. 4.6 The Supplier grants and licences to the customer the non-exclusive, non-transferable right to use the trademarks and copyrights designated by the Supplier in conjunction with its marketing and sale of the goods. The customer shall adhere to the Supplier’s rules regarding the use of trademarks, copyrights and other intellectual property rights. It is expressly understood that the customer may use such trademarks only for marketing and selling the goods in accordance with these limitations and shall refrain from using such trademarks or any marks, names or signs resembling such trademarks in any other context or capacity and shall not market or sell the goods under any logo, trademark or brand name other than as designated by the Supplier. The customer agrees that it has no right, title or interest in the trademarks ofthe Supplier excepttousethesame asset outin theseterms.

Customer Acknowledgements. 4.1 7.1 The customer Customer acknowledges and agrees that: (a) The description As IB is not a Market Participant of the goods shall be ASX, the Customer’s transactions in Cash Market Products on ASX are not covered by the National Guarantee Fund. (a) In relation to Options or Warrants and if the Customer is a Retail Customer: (i) the Customer has received and read a copy of each current explanatory booklet published by ASX in respect of Options and Warrants, which as at the date of this agreement is available by accessing the following sites: (A) xxxx://xxx.xxx.xxx.xx/xxxxxxxxx/xxxxxxxxx/XxxxxxxxxxxxxX ptions.pdf, (B) xxxx://xxx.xxx.xxx.xx/xxxxxxxxx/xxxxxxxx/xxxxxxxxxxxxxxx rrants.pdf, (ii) the Customer has received and read a copy of the product disclosure statement prepared by IB in respect of Options. (iii) trading in Options and Warrants incurs a risk of loss as well as a potential for gain. The Customer has considered its objectives, financial situation and needs and has formed the opinion that trading in Options and Warrants is suitable for the Customer’s purposes. (iv) the Customer has read and understood the details of the contract specifications of the Options and Warrants, in which the Customer has instructed IB to deal on its behalf, and the documents given to the Customer as set out in this Supplemental Agreement. (v) notwithstanding that the SupplierExecuting Participant may act in accordance with IB’s instructions, who in turn may act in accordance with the instructions of, or for the benefit of, the Customer, any contract arising from any order confirmation. All drawingssubmitted to the ASX, descriptive matter, specifications and advertising issued is entered into by the Supplier and any descriptions Executing Participant as principal. (vi) IB (or illustrations contained the Executing Participant) may in certain circumstances permitted under the Market Operating Rules or the Corporations Act, take the opposite position in a transaction in the Supplier’s catalogues Options, either acting for another person or brochures are issued or published on its own account. (vii) Customer must pay to IB commissions, fees, taxes and charges in connection with dealings for the sole purpose of giving an approximate idea of Customer in Options and Warrants at the goods described in them. They will not form part of this agreement (b) Variations consequent upon review of specifications, materials and/or source of goods may occur rates determined by IB from time to time and as notified to the customer waives any Customer in writing on IB’s website. (viii) IB may record telephone conversations between the Customer and IB and if there is a dispute between the Customer and the IB, the Customer has the right to receive details or information concerning the reviews or the implementation listen to any recording of those reviews or both and agrees to accept the goods subject to the varied specifications, material and/or source of goodsconversations. (cix) The customer has not, IB may refuse to enter into or arrange transactions in acquiring the goods for any particular purpose, relied upon the skill, judgment respect of Options or recommendation of the Supplier Warrants (or any other Financial Product) for the Customer, or limit transactions in such Financial Products it enters into for the Customer, and if that occurs, IB will notify the Customer of its employees any refusal or agentslimitation as soon as reasonably practicable. (dx) For goods being carpet, roll sizes as stated on price lists and other information are average sizes only and variations will occur from time IB is not required to time. Unless the customer specifically requests more than one roll from the same dye lot, both at the time of ordering and at the time when the order is confirmed, and marks their requirement as “all same dye lot”, the Supplier will use reasonable endeavours to accommodate the customer request but the Supplier is under no obligations to ensure that the goods are from the same dye lot and shall not be liable to the customer where it does not secure this (e) All goods sold as budget items or as seconds quality, specials, mill ends, unwarranted products, remnants or on an “as is” basis or invoiced as Budget or Merchandise, are sold without warranty and all defects (if any) in such products shall, by the customer, be brought to the attention of any third party purchasers of such goods (f) The customer will not tamper with any of the Supplier’s labelling on samples, or, without the prior consent of the Supplier, sell goods under brands or product names other than the brand/name under which the goods are sold to the customer by the Supplier (g) Any goods being display units, stands and samples and associated point of sale/promotional material are supplied on the basis that such goods will only be utilised act in accordance with the SupplierCustomer’s guidelines/instructions from time to time orasset outin anyspecificintellectual property use agreementapplicabletothegoods. 4.2 If the goods are supplied to the customer’s design, the customer warrants and/or that the manufacture and supply of such goods bythe Supplierwill notinfringe any patent, copyright, registered design orotherrights ofany person. 4.3 The customer will provide Executing Participant is not required to the purchaser at the time of sale a copy of the most up to date version of the relevant Supplier care and maintenance instructions and warranties applicable to the goods. 4.4 All samples, plans, drawings, data, descriptions or other specifications (together with any copyright, design rights or any other intellectual property rights in them) or any other confidential information (including, without limitation, sales and marketinformation and business strategies) supplied bythe Supplier oranyassociated entity of the Supplier to the customer in connection with the order of the goods, are the exclusive property of that supplying entity and shall be held in strict confidence by the customer and are to be used solely for the purposes originally intended in connection with the sale and purchase of the goods. The customermust keep confidential and not use or disclose to any third party the information contained in those documents except to the extent required for the purpose of the sale and purchase of the goods or as required by law, and must treat such data, information and resulting work product with the same degree of care and confidence that the customer uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care) and shall ensure that each of its employees 4.5 The customer shall not use the Supplier’s name in advertising or publicity of any kind without the Supplier’s prior express written consent. The parties agree that nothing in these terms is intended to transfer ownership of any confidential information or intellectual property of the Supplier and the customer shall have no ownership interest in any such information. 4.6 The Supplier grants and licences to the customer the non-exclusive, non-transferable right to use the trademarks and copyrights designated by the Supplier in conjunction with its marketing and sale of the goods. The customer shall adhere to the Supplier’s rules regarding the use of trademarks, copyrights and other intellectual property rights. It is expressly understood that the customer may use such trademarks only for marketing and selling the goods act in accordance with these limitations IB’s instructions, where to do so would constitute a breach of the Market Integrity Rules, Market Operating Rules, the clearing rules or the Corporations Act. (xi) A Warrant has a limited life and shall refrain from using such trademarks cannot be traded after its expiry date. (xii) Warrants do not have standardised Terms of Issue and it is the responsibility of the Customer to become aware of the Terms of Issue of any Warrant in which the Customer chooses to invest. (xiii) Warrants may be subject to adjustments after their initial issue and it is the Customer’s responsibility to become aware of any adjustments which may have been made to any Warrant in which the Customer chooses to invest. (xiv) That the admission to trading status of a Warrant does not imply that the ASX or the Securities Exchanges Guarantee Corporation Limited gives any marksguarantee or warranty as to the viability of the Warrant-Issuer or Guarantor. (xv) That a failure of the Warrant-Issuer or the Guarantor (if applicable) to fulfil their obligations does not give rise to a claim against ASX, names the handling Market Participants (including the ASX Executing Participant), IB, or signs resembling such trademarks in any other context or capacity and shall not market or sell the goods under any logo, trademark or brand name other than as designated by the Supplier. The customer agrees that it has no right, title or interest in the trademarks ofthe Supplier excepttousethesame asset outin thesetermsSecurities Exchanges Guarantee Corporation Limited.