Various. 10.1. Notices in relation to this Agreement must be given in writing.
10.2. If you cannot perform an obligation under this Agreement because of force majeure (meaning: reasons beyond your reasonable control), you must notify us. Following notification, only the performance of such obligation(s) is suspended during the force majeure. We may terminate this Agreement if the force majeure lasts more than 30 days. Shortage of personnel, shortage of production materials or shortage of resources, strikes, breach of contract by third parties contracted by you or force majeure events at third parties contracted by you, financial problems, and/or lack of the necessary licenses, permits or authorizations needed for the Services do not qualify as force majeure. This Agreement covers our full contractual relationship with you for the Services. Oral agreements or additional general terms and conditions do not apply.
Various. (a) With the acceptance of these Cards Terms and Conditions the Cardholder and/or the Authorized Cardholder and/or the holder of the Card Account agrees to the use of the Alerts and accepts the following:
i. the Bank will not be responsible for the deletion or partial deletion or failure in the transmission of any messages,
ii. the Bank does not guarantee that the Alerts service will be continuous, chronologically consistent, safe or correct or that it will be available at any time or place,
iii. the Bank is not liable for any loss or damage of any kind sustained by the Cardholder and/or the holder of the Card Account and/or the Authorized Cardholder as a result of the contents of the message transmitted through the Alerts, iv. the SMS will be sent to the Cardholder’s and/or the Authorized Cardholder’s and/or the holder’s of the Card Account telephone number saved in the Bank’s system. In case of a change to the telephone number the Cardholder and/or the Authorized Cardholder and/or the holder of the Card Account shall notify the Bank accordingly. Where the Cardholder and/or the Authorized Cardholder and/or the holder of the Card Account indicates an incorrect telephone number, the Bank shall not be liable for any loss, damage, inconvenience or disclosure of information to third parties that may be sustained by the Cardholder and/or the Authorized Cardholder and/or the holder of the Card Account or any third party.
(b) The Bank may without the consent of the Cardholder and the Authorized Cardholder and the holder of the Card Account assign its rights and obligations arising from the Agreement. Further, it is agreed that the rights and obligations of the Cardholder and the Authorized Cardholder and the holder of the Card Account arising from the Agreement may not be assigned without the prior consent of the Bank.
(c) Any reference to the Agreement to the masculine shall include the feminine and the singular shall include the plural and vice versa.
(d) Section titles are included for convenience purposes only and shall not in any way affect their interpretation.
(e) Failure of the Bank to exercise its rights arising from any term of the Agreement shall not constitute waiver of its rights.
(f) This Agreement is made in the English language and any communication and/or notifications shall be made in English.
(g) The Cardholder and/or the holder of the Card Account and/or, where applicable, the Authorized Cardholder shall have the right, at any time during the ...
Various. The repair or replacement of the Product(s) or the supply of additional Product(s), does not cause the beginning of new warranty terms, nor shall the original terms of this “Limited Warranty for PV-Modules” be extended. Any replaced Product(s) shall become the property of Phono Solar made for their disposal. Phono Solar has the right to deliver another type (different in size, color, shape and/or power) in case Phono Solar discontinued producing the replaced Product(s) at the time of the claim.
Various a) Nothing in this Agreement shall be deemed to be a partnership or joint venture or contract of employment between the parties hereto. This Agreement is solely an Agency Agreement under which the Agent will act as your exclusive agent in respect of the Activities. Each party is responsible for their own tax affairs. Save as the Agent notifies you in writing to the contrary on a case by case basis, it is understood you are responsible for your own insurance arrangements in all respects.
b) You will indemnify the Agent and its designees on demand from and against all costs, claims, damages, proceedings and liabilities (including without limitation reasonable legal costs on an indemnity basis) howsoever arising in respect of any breach of your warranties, undertakings, representations and agreements
c) The Agent will not be liable in any manner for any act and/or omission and/or breach of this Agreement by any client/customer and/or any other third party.
d) The construction, validity and effect of this Agreement shall be governed by the laws of England and the courts in London shall have exclusive jurisdiction. Notwithstanding the foregoing, the Agent may elect to bring proceedings in any country for the purposes of enforcing its rights in such country.
e) This Agreement contains the entire understanding of the parties hereto and supersedes all previous or existing arrangements or agreements. You have not relied on any matter in entering into this Agreement set as set out herein.
f) No variation of this Agreement shall be deemed binding until reduced to writing and signed by all parties hereto.
g) If any part of this Agreement (including without limitation, any clause and/or part thereof) shall be deemed unenforceable, void, or voidable by a court of competent jurisdiction, the remainder hereof shall remain in full and binding effect.
h) No rights are conferred on any party under this Agreement who is not a direct contractual party hereto by virtue of the Contract (Rights of Third Parties) Xxx 0000 (save in respect of the directors of Closer Talent Management Ltd)
Various. The repair or replacement of the Modules or the supply of additional Modules does not lead to a new commencement of warranty terms, nor shall the original terms of this Limited Warranty be extended. Any replaced Modules shall become the property of Jinko. Jinko shall at its own options to deliver another type of PV Modules (different in size, color, shape, or power), either a new brand or the original one, in case of that Jinko has discontinued producing the module in question at the time of the claim.
Various. The repair or replacement of the Modules or the supply of additional Modules does not lead to a new commencement of warranty terms, nor shall the original terms of this Limited Warranty be extended. Any replaced Modules shall become the property of SUNMAN. SUNMAN shall at its own options to deliver another type of PV Modules (different in size, color, shape, or power), either a new brand or the original one, in case of that SUNMAN has discontinued producing the module in question at the time of the claim.
Various. 10.1. Notices in relation to this Agreement must be given in writing.
10.2. If you cannot perform an obligation under this Agreement because of force majeure (meaning: reasons beyond your reasonable control), you must notify us. Following notification, only the performance of such obligation(s) is suspended during the force majeure. We may terminate this Agreement if the force majeure lasts more than 30 days. Shortage of personnel, shortage of production materials or shortage of resources, strikes, breach of contract by third parties contracted by you or force majeure events at third parties contracted by you, financial problems, and/or lack of the necessary licenses, permits or authorizations needed for the Services do not qualify as force majeure.
10.3. If the Services cannot be performed, or potentially cannot be performed, because of reasons beyond our reasonable control (such as the effects of the COVID-19 pandemic), we will do our utmost to notify you as soon as possible. at least 30 days in advance. Following notification, the performance of the Services is suspended for as long as the force majeure continues. We shall use our best endeavors to find a suitable new date for the performance of the Services. We may determine in our sole discretion, acting reasonably, to terminate this Agreement instead.
10.4. This Agreement covers our full contractual relationship with you for the Services. Oral agreements or additional general terms and conditions do not apply.
10.5. You may not transfer or pledge (part of) this Agreement without our prior written consent. We shall not withhold such consent unreasonably.
10.6. Neither the failure nor the delay to enforce a right under this Agreement shall constitute a waiver of such right or remedy or of any other available rights or remedies.
10.7. Dutch law applies to this Agreement. Conflicts relating to this Agreement will be decided upon in the first instance by the competent court in Amsterdam, the Netherlands.
10.8. The United Nations Convention on the International Sale of Goods does not apply.
Various. 6.1 It is agreed that the Agent may from time to time vary the terms of this agreement and the Scale of Charges (usually annually) in writing. At least one month’s notice will be provided.
6.2 The Contracts (Rights of Third Parties) Act 1999 will not apply to this agreement.
6.3 This agreement will form the basis for the Agent managing any other properties for the Landlord at which ever level of service the Landlord chooses for each property.
Various. The repair or replacement of the modules or the supply of additional modules does not cause the beginning of new warranty terms, nor shall the original terms of this “Limited Warranty for PV Modules” be extended. Any replaced modules shall become the property of ZNSHINE PV made for their disposal. ZNSHINE PV has the right to deliver another type (different in size, color, shape and/or power) in case ZNSHINE PV discontinued producing the replaced modules at the time of the claim.
Various. This Agreement constitutes the entire and only agreement between Riva Inc. and Partner with respect to its subject matter and there are no understandings or representations of any kind, express, implied, oral, written, statutory or otherwise, not expressly set forth herein. No alteration or modification of this Agreement shall be binding unless in writing and signed by the party to be bound thereby.
1. This Agreement is not assignable in whole or in part by either party without proper notification of the other.
2. This Agreement shall be interpreted and enforced in accordance with the laws of Canada and the official language of this Agreement for all purposes shall be English. Any legal action relating to this Agreement shall be pursued in the City of Edmonton, Alberta, Canada under the jurisdiction of the Court of Queen’s Bench.
3. The parties agree that any controversy, claim, or dispute shall be settled by final binding arbitration in accordance with the rules of the Canadian Arbitration Association. Each of the parties agrees to bear its own costs, attorney’s fees, and expenses associated with any dispute or arbitration, and an equal share of the neutral arbitrator’s expenses and administrative fees. By: Title: Email Address: By: Xxxxxxx Van Dijk Title: Director of Operations and Finance Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx Riva On-Premise, Riva Cloud, Riva Insight and related solutions (“Products”) are covered under this agreement. There is no geographic territory assigned to this agreement. This is a non-exclusive agreement. Additional information on Riva’s Open Referral Program is available at the following link. This information will be updated from time to time at Riva Inc.’s sole discretion: As a Riva Authorised Reseller, Partner shall receive a reseller margin ranging from 20% to 30% on all net-new license sales and license renewals (less applicable discounts), this excludes all professional services and after-hours priority support. Partner can offer its customers and will receive standard Company volume pricing for Riva. Volume pricing is provided on a per-Client basis and subject to change from time to time at Riva Inc.'s sole discretion. Margin is calculated on the net license value after all applicable discounts have been deducted. The Riva Authorised Reseller program includes three tiers. Riva Authorised Partner’s must achieve a minimum net license revenue of $10,000 USD or five(5) Net New Customers per twelve (12) month period b...
