Common use of ORDERING AND DELIVERY Clause in Contracts

ORDERING AND DELIVERY. 3.1 This Master Agreement does not entitle Client’s Affiliates to directly purchase any ConnectWise Offering from ConnectWise, unless such Affiliate enters into a participation agreement with ConnectWise to adopt and adhere to the terms for this Master Agreement and applicable Addendums. 3.2 Any terms that may appear on a Client’s purchase order shall not apply to the Agreement and shall be deemed null and void. 3.3 Where delivery is required, the ConnectWise Offering will be delivered by electronic delivery (ESD) from ConnectWise’s shipping point. To the extent that the ConnectWise Offering involves ConnectWise Software, and if the ConnectWise Software is delivered by ESD, the obligation to deliver the ConnectWise Software shall be complete upon transmission of such software electronically to Client. At that time and place, all risk of loss of the copy of the ConnectWise Software shall pass to Client. ConnectWise agrees to be responsible for all customs duties and clearances and title to any ConnectWise hardware if included will pass upon point of delivery to carrier at ConnectWise’s shipping location. Client agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by ConnectWise regarding future functionality or features.