General. 1.1. If an Order is placed at any tier under a Prime Contract awarded by the U.S. Government, additional U.S. Government provisions (“U.S. Government Contract Clauses”) shall apply. In the event of a conflict between a provision in this document and Buyer’s Standard Terms and Conditions of Purchase or relevant Agreement between PZL Mielec and Supplier, this document shall control to the extent permitted by law. Terms not defined herein shall have the meaning ascribed to them in Buyer’s Standard Terms and Conditions of Purchase or Agreement. This document is prepared in two languages Polish and English, except the part related to specific U.S. Government Contract Clauses, provided that English version is prevailing.
1.2. While PZL Mielec has made every effort to include every potentially applicable U.S. Government Contract Clause in this document, U.S. Government Contract Clauses, the inclusion of which in a subcontract is mandatory under a statute or regulation, shall be considered to be included by operation of law, even if it has been omitted from the Order.
1.3. Supplier shall incorporate the applicable U.S. Government Contract Clauses in each lower-tier subcontract placed in support of the Order.
1.4. Supplier shall indemnify and hold PZL Mielec harmless from and against any cost, price reduction, withholding, offset, penalty, interest, claim, demand, determination of unallowability or unallocability, or any other civil, criminal, or administrative liability, whether arising under statute, regulation, contract or common law, and shall reimburse Buyer for all of its damages and associated costs, including reasonable attorney fees and other expenses, if said liability is attributable to the Supplier or Supplier’s subcontractors’ failure to comply with the applicable U.S. Government Contract Clauses.
General. (a) Insofar as not otherwise provided for herein, including the following provisions, Service Provider shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties.
(b) Service Provider shall be liable for damages – irrespective for what legal grounds – in case of wilful intent and gross negligence. With slight negligence, Service Provider shall only be liable for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Service Provider’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages.
(c) This limitation of liability does not apply to damages from the injury to life, body or health.
(d) Customer is aware that Service Provider has not created and/or examined the data transmitted via Platform. Therefore, Service Provider is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Service Provider liable for such data being free of any third party’s Intellectual Property rights. Service Provider is not liable for damages arising from downloading or another use of unchecked harmful data via Platform.
(e) The limitations of liability stated above shall not apply if Service Provider has maliciously failed to disclose a defect or has assumed a guarantee for the condition of Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz), if applicable.
(f) To the extent Service Provider’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.
General. (a) Service Provider warrants that Services may be used in accordance with the provisions of this Agreement. Rights in case of defects shall be excluded in case of minor or immaterial deviations from the agreed or assumed characteristics or in case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In particular, a functional impairment does not constitute a defect if it results from hardware defects, environmental conditions, wrong operation, flawed data or other circumstances originating from Customer’s sphere of risk. EN_Transporeon_Platform_User_Agreement_GTC_2.0
(b) Service Provider remedies software defects at its option by providing a new version of Platform or by indicating reasonable ways to avoid the effects of the defect.
(c) Defects must be notified in writing or via e-mail with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects.
General. (a) Both Parties shall comply and shall ensure that their representative employees or agents carrying out obligations hereunder or using Platform and Services comply with all applicable laws, regulations, ordinances, rules and standards, and shall submit to the standard Code of Conduct of Service Provider available at xxxxx://xxx.xxxxxxxxxxx.xxx/xx/xxxxx-xx/#x00000. Security classification: Protected 7
(b) In order to conduct business activities ethically and with integrity, both Parties shall adhere in particular to all applicable laws in the following areas, i.e., human rights and fair labour standards, occupational health and safety, anti-bribery and corruption, competition and antitrust, trade and export laws, financial integrity, anti-money laundering, trade export laws and counter terrorism financing and environmental laws.
General. 10.1.1. The Client acknowledges and agrees that unless otherwise agreed in writing, any assets in the Client’s Account shall be held in an account or accounts maintained by, and in the name of, the Company and at the Bank Account/s of the Company’s choice and that the assets in the Client’s Account shall be commingled with the assets of other customers of the Company (omnibus accounts). The Client acknowledge that the Company may, in its sole discretion, limit the number of Accounts that the Client may hold, maintain or acquire. The Company may keep merchant accounts in its name with payment services providers used solely for the purpose of settlement of Client’s payments. A list of the payment rozliczenia płatności Klienta. Lista dostawców usług płatniczych stosowanych przez Spółkę jest dostępny na stronie internetowej.
General. 14.1.1. The Company is entitled to receive fees, commissions, and other remunerations from the Client for the Services, as well as compensation for the expenses it will incur for the obligations it will undertake during the execution of the Services in accordance with the terms of this Agreement.
14.1.2. The Client warrants, represents and undertakes that it is solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax, stamp duty, expenses or other levy that may be payable on any amounts paid to the Client. Notwithstanding the foregoing, and without derogating from the Client's sole and entire responsibility to perform tax payments, stamp expenses or pay other levy, the Client shall pay the Company, immediately when so requested by the latter, and the Company is entitled to debit the Account with any value added tax or any other tax, contribution, levy, stamp duty, expense or charge which may be payable as a result of any Transaction or any act or action of the Company under this Agreement (except for taxes payable by the Company in relation to the Company’s income or profits).
General. 1. Mastercard’s Pay with Rewards is a functionality whereby users can redeem their accumulated reward Points, which is offered by Mastercard to users who are participants of the Priceless Specials programme pursuant to these terms and conditions and the Programme Rules. The Pay with Rewards functionality shall be used via the Website referred to below.
2. The Pay with Rewards functionality shall be available only as part of the Priceless Specials Programme organised by Mastercard Europe SA of Waterloo, Belgium, a Belgian private limited liability company registered by the Commercial Court of Nivelles, Belgium, under No. RPR 0448038446, with its registered address at Xxxxxxxx xx Xxxxxxxx 000X, 0000 Xxxxxxxx, Xxxxxxx, hereinafter referred to as “Mastercard”.
3. These terms and conditions of the Pay with Rewards functionality shall apply exclusively in the territory of the Republic of Poland, i.e. the refund of a Transaction amount or its part shall apply only in the case of Transactions that have been made in the territory of the Republic of Poland.
General. (a) Service Provider warrants that Services may be used in accordance with the provisions of this Agreement. Rights in case of defects shall be excluded in case of minor or immaterial deviations from the agreed or assumed characteristics or in case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In particular, a functional impairment does not constitute a defect if it results from hardware defects, environmental conditions, wrong operation, flawed data or other circumstances originating from Customer’s sphere of risk.
(b) Service Provider remedies software defects at its option by providing a new version of Platform or by indicating reasonable ways to avoid the effects of the defect.
(c) Defects must be notified in writing or via e-mail with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects.
General. (a) Both Parties shall comply and shall ensure that their representative employees or agents carrying out obligations hereunder or using Platform and Services comply with all applicable laws, regulations, ordinances, rules and standards, and shall submit to the standard Code of Conduct of Service Provider available at xxxxx://xxx.xxxxxxxxxxx.xxx/xx/xxxxx-xx/#x00000.
(b) In order to conduct business activities ethically and with integrity, both Parties shall adhere in particular to all applicable laws in the following areas, i.e., human rights and fair labour standards, occupational health and safety, anti-bribery and corruption, competition and antitrust, trade and export laws, financial integrity, anti-money laundering, trade export laws and counter terrorism financing and environmental laws.
General. 18.1 The waiver of any right under the Agreement will be effective provided that the written form is maintained.
18.2 The Seller may assign the Agreement or subcontract it in whole or in any part. The Buyer, without the prior written consent of the Seller, may not assign, transfer or encumber the rights or obligations under the Agreement.
18.3 The Seller's rights under these General Terms and Conditions of Sale do not exclude or limit the Seller's rights under the general provisions.
18.4 Each notification referred to in these General Terms and Conditions of Sale requires at least documentary form.
18.5 In the event of disputes arising in connection with this Agreement, without prejudice to any rights of a Party, either Party may request that the parties attempt to resolve the dispute through mediation. If the parties do not resolve such dispute amicably within 21 days of the start of negotiations, then the provisions of clause 18.6 shall apply.
18.6 The Agreement and all disputes and claims arising in connection with it, its subject matter or conclusion, both contractual and non-contractual, are governed by Polish law and will be settled by Polish common court competent for the registered office of the Seller.