Interpretation 1.1 Definitions. 9.2. APPLICABILITY. Careem’s terms and conditions relating to Devices shall apply to any Device provided by Careem to the Merchant; Careem and the Merchant are and shall remain independent parties. We are under no obligation whatsoever to insure the goods. 4.6. We offer a range of delivery options to receive the products purchased on our site. Claims of the Orderer pertaining to defects of the goods delivered by us or to services performed in breach of our obligations – including damages claims and claims for reimbursement of futile expenses – are limited to a period of one year, unless otherwise provided for under Nos. In the event that defects emerge at the time of processing, operations shall be immediately suspended and any original containers not yet processed and unopened shall be secured. DELIVERY AND PAYMENT TERMS AND CONDITIONS (TERMS AND CONDITIONS FOR THE SALE OF GOODS) 4. 4.17. 6 estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of 9. For the purpose of the Agreement, references to “Affiliates”, includes Careem’s administrators, successors-in-interest, permitted assigns and affiliates. 4.25. The Merchant will send to Careem, at least once a week, a stock update sheet for all Goods being sold on the Careem Platform. Obvious defects, delivery of the wrong goods, and deviations in quantity, shall be reported to us in writing by the Orderer without undue delay, no later however than 3 days from the Orderer’s receipt of the goods. Before being onboarded onto the Careem Platform and/or fulfilling any Orders, the Merchant must provide up-to-date and accurate Information to Careem including, but not limited to, itemized lists of Goods and their availability, description of Goods and attributes (weight, volumes, etc. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Careem Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. In the event Careem provides you with a Device, the following terms and conditions shall apply: “Good Industry Practice” means the practices, methods and procedures and that degree of skill, diligence, prudence, foresight and judgment which would be expected to be observed by a skilled and experienced supplier engaged in the same or similar activities under the same or similar circumstances; The prices are calculated on the basis of the volume, weights, and quantities determined by us, unless the Orderer objects immediately upon receipt of the goods. “Intellectual Property Rights” means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off; “Menu” means any e-document or virtual page which sets out the Goods offered for sale by you to Customers together with related pricing and which is made available on the Careem Platform; 1. The resulting amount is the final total invoice amount (incl. Notwithstanding the foregoing, if a Customer has a question or issue in relation to any medical Good(s) or is seeking any medical advice then Careem shall direct Customer to speak directly with the Merchant by calling the Pharmacy Contact Number provided in the Enrollment Agreement; 4.10. 10.1 Choice of Law. The Merchant agrees that it will treat all information concerning this Agreement and the Enrollment Agreement (including their respective terms), Careem and its Group, the Careem Platform and all information concerning Customers which has been provided to it pursuant to the terms of this Agreement as confidential information (“Confidential Information”) and will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party. XII. Claims for damages may be raised against us only in cases of gross culpability (wilful intent, gross negligence). VIII. 1. a) for a breach of a material contractual obligation through no wilful intent or gross negligence, our liability is limited to the typical foreseeable damage. A liability on the part of our company for damages or futile expenditure – regardless of the legal basis – shall arise only if the damage or the futile expenditure. 3.9. We shall not accept terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Delivery and Payment, unless we have given our express written consent to their application. The place of performance and exclusive place of jurisdiction for all claims arising between us and merchants, or legal entities, or special funds, under public law, is our registered seat. In each individual case of default, our obligation to pay damages is limited under the provisions of Ziff. Observance of our delivery and performance obligations is subject to the due and proper performance of the Orderer’s obligations. If, contrary to Sentence 2, an account current relationship exists between the Orderer and the purchasers of our reserved goods, the account receivable assigned in advance shall also relate to the accepted balance and, in the case of the purchaser’s insolvency, to the balance existing at that date. c)Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these conditions. On the delivery of the Device by Careem to the Merchant, the Merchant will be required to acknowledge the receipt of the Device in writing by executing an Asset Handover Form in the format annexed to the Agreement, and the cost of the Device will be charged to the Merchant pursuant to the terms of the Enrollment Agreement; If the aforesaid breach of obligations constitutes a defect (Article  459 of OZ) in the goods delivered by us in connection with the consultation or the information, the resulting claims shall be subject to the terms of limitation provided for under Nos. Pursuant to the terms of the Enrollment Agreement, you may opt to work exclusively with Careem as your sole online ordering, take-away and/or delivery service provider (a “Careem Exclusive Partner”). “Technical Standards” means all internationally recognizable technical standards applicable to the provision of the Services hereunder. THE MERCHANT AGREES THAT THE ENTIRE RISK ARISING OUT OF THE MERCHANT’S USE OF THE CAREEM PLATFORM AND MERCHANT APPLICATION, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE MERCHANT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. 7.3. “Effective Date” means the execution date of the Enrollment Agreement; The restrictions referred to in this Clause will not apply to any Confidential Information to the extent that such information: (a) is already known to the Merchant, (b) is in or comes into the public domain otherwise than as a result of any breach of this Agreement or (c) is required to be disclosed by law. Careem, an Uber company © 2020, Rides you can bank on from Careem & Citibank. The Merchant will also be responsible for any and all issues and costs associated with delayed delivery resulting from its failure to comply with the two-minute order acceptance time, including costs associated with compensating the Customer; Without prejudice to any of its other rights, powers or remedies, the Seller may cancel any order for the delivery of Goods and terminate any contract governed by these Conditions if: (a) the terms of payment for any Goods delivered to the Buyer by the Seller have not been strictly adhered to by the Buyer; 4.24. Prices, terms of payment, default in payment, IV. Costs claimed for downtimes or manipulation will be reimbursed only if legitimate and only to the amount of the freight costs of the deliveries concerned. Merchant will use the Merchant Application to make timely changes or updates to their Information, including but not limited to Menu items and their availability, item descriptions and attributes, item prices, operating hours and any other Information. 10.3 Arbitration Process and Rules. Merchant shall disclose all relevant details pertaining to Problem Order(s) to Careem upon becoming aware of the same; and 1 / 5 Translation from Bulgarian GENERAL TERMS AND CONDITIONS FOR DELIVERY OF GOODS These General Terms and Conditions for Delivery of Goods, hereinafter referred to as General Terms, are applicable to all Contracts and/or Agreements and/or Orders for delivery (hereinafter referred to in these General Terms and Conditions as The Contract), signed by Agropolychim JSC, on one hand, and © 2021 Knauf Insulation. 7.2. Acceptance of this offer takes place at our discretion either by sending a confirmation of order or by performing the ordered deliveries or services without reservation. 4.1. These prices (net order value) are plus the current statutory value added tax as at the date of delivery and – where agreed – the cost of the transport insurance. 6.2.9. b)Conditions: the terms and conditions set out in this document. “Goods” means any goods being sold by you to Customers as listed from time to time in a relevant Menu; 8.1. Merchant is responsible for monitoring (through the Merchant Application), providing and maintaining up to date and accurate Information at all times. 9.3. We are entitled to notify the Orderer’s debtors ourselves of the assignment and collect the receivables. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section and the “Arbitration Process and Rules” section will be deemed void. The proceeds from such exploitation will be credited to our accounts receivable from the Orderer, less reasonable exploitation costs. 3.1 The Courier shall use its best endeavours to deliver the goods specified overleaf to the delivery address so specified at about or before the time so specified 3.2 The Courier shall not be liable for any delay in delivery caused by the unavailability at the delivery address of … Exclusions from Limitation of Liability. Delivery periods are given under the reservation that the Orderer meets his contractual duties of cooperation. The incorporation of the purchase price in an ongoing invoice and the acceptance of the balance will not affect the reservation of title. If the goods delivered by us under reservation of title are processed, combined, or mixed, together with other objects that are not our property, we acquire co-ownership of the new object in the proportion of the value of the goods delivered by us (total invoice amount, incl. Reference to the “Agreement” also includes these Terms and Conditions. 7.5. 7.1. DISCLAIMER. Careem may perform a variety of marketing activities to promote the Merchant and the Merchant’s menu; provided, however, that all such marketing activities will be determined in Careem’s sole and absolute discretion and the Careem Platform may be modified or updated, without notice and from time to time, to reflect any such changes. Upon the return of the Device along with all accessories by the Merchant, Careem and the Merchant will be required to acknowledge the transfer of the Device in writing as instructed by Careem; Where this liability for damages is excluded or restricted under No. Where the supply purports to be made on or subject to terms and conditions other than these conditions, the Purchaser agrees that such other terms and conditions are disregarded and form no part of the Contract unless the Supplier agrees otherwise in writing. Merchant shall Process any Personal Information received from Careem or any Customer in accordance with Applicable Law and only for the purposes of discharging its obligations under this Agreement. NEITHER CAREEM NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CUSTOMERS. As long as and inasmuch as the Orderer settles his payment obligations to us, he is entitled to collect the claims assigned to us from his customers, within the scope of proper and orderly business. The time of delivery will take place when the Buyer expressly or by conduct accepts delivery of the Goods; or the Buyer does anything in relation to the Goods that is incon… Careem will settle Net Sales Value owed to Merchant in accordance with the payment terms specified on the Enrollment Agreement (“Payments”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). “Group” means in relation to any person, that person and any company which is from time to time a subsidiary or holding company of that person or a subsidiary of any such holding company; In the case that the Orderer is in default with calling, accepting, or collecting the goods or services, or if the Orderer is responsible for a delay of the shipment or the service of the goods, we are entitled without prejudice to any other claims, to demand payment of a flat-rate in the amount of the usual local storage charges, regardless of whether the goods are stored in our facilities or those of a third party. We are entitled to perform partial delivery and partial services within the agreed delivery and performance periods if reasonable to the Orderer. VIII 1-5. Three months following the passing of the risk to the Orderer under No. Careem grants a limited, non-exclusive, non-transferable, royalty free license to the Merchant for the use of the Device solely until the termination of this Agreement; Where commercial terms have been mutually agreed under the International Commercial Terms (INCOTERMS), the latest version of the INCOTERMS, as amended, shall apply (currently INCO­TERMS 2010). For the event that the Orderer combines or mixes the delivered goods with a different principal object he herewith immediately assigns to us his claims against the third party up to the value of our goods. If Customer contacts Merchant to request any change or modification to an Order, Merchant will direct Customer to contact Careem directly. The Merchant acknowledges and agrees that while Careem will use its reasonable efforts to ensure that the Careem Platform is not misused by Customers for the placement of wrong Orders, it is the ultimate responsibility of the Merchant to determine whether an Order is wrong or not. Careem will display Information and your Menu on the Careem Platform at its discretion; In the case of a complaint of non-conformity that is made improperly or in an untimely manner (No. For the purposes of this Clause, the following definitions shall apply: (a) “Personal Information” means any information relating to an identified or identifiable person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and (b) “Process” means to collect, hold, use, transfer, destroy and otherwise deal in any with Personal Information. In the event that an Order is not delivered to a Customer as a direct result of the negligence or willful misconduct of a Captain, Careem shall waive the Merchant Commission owed to it in relation to such Order and Careem shall put forth its best commercial efforts to procure that such Captain re-pay Customer or Merchant the Net Sales Value if such amount was paid by Customer in advance. This applies particularly for the damages claims based on. The Orderer bears the burden of proof of lower or no damage.. “Information” means the information set out in, and to be provided in connection with, the Enrollment Agreement including any information which is supplied by you to Careem under or with respect to this Agreement such as the Menu, the price lists underlying the Menu, opening hours of the Merchant, delivery areas serviced by the Merchant and related delivery terms, information required under clause 4.1 of these Terms and Conditions, and any other specific information the Merchant is requested by Careem to provide; This “Arbitration” section and the “Arbitration Process and Rules” section applies to all Disputes between you and Careem and/or any of its Affiliates. 3.1.2 Subject to any terms set out on the SOA, the Purchaser shall 4.8. Neither this Agreement nor your use of the Careem Platform or of the Merchant Application convey or grant to you any rights: (a) in or related to the Careem Platform or the Merchant Application, as applicable, except for the limited license granted above; or (b) to use or reference in any manner Careem’s company names, logos, product and service names, trademarks or services marks or those of Careem’s licensors; or (c) except for the limited license granted above, to any Intellectual Property Rights that are owned by or licensed to Careem prior to the commencement date of this Agreement, which shall be owned by and remain the property of and vested in Careem. Any further liability for damages exceeding that provided for under Nos. Careem may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include a death or injury, involving you, a Customer and/or a third-party transport provider and such information or data is relevant to the complaint, dispute or conflict. General If Seller places Products into storage, the following apply: (i) title and risk of loss immediately pass to Buyer, if they have not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Seller upon delivery or shipment shall be due; (iii) a fee of two percent (2%) of the value of the Products will be charged to Buyer; and (iv) when conditions permit and upon payment of … In the event that the Merchant fails to fulfil and/or deliver (as the case may be) any accepted Orders the Merchant will not have the right to receive the Net Sales Value and/or any other Payments (defined below) for such Orders; The Merchant will contact the Careem customer care team immediately – and before accepting the Order — if an Order cannot be processed as requested by the Customer or to clarify the details of an Order; Supply and Delivery of Goods: 4.1The Goods/Deliverables must be accompanied by a delivery note listing the Goods/Deliverables in sufficient detail to enable t prior tohe Client to check them at the time of delivery. The Orderer herewith immediately assigns to us, as security and in the amount of our portion of the ownership, his accounts receivable resulting from the sale of these new products to which we are entitled as co-owners. The aforementioned limitation of liability under Sentence 1 and 2 shall apply likewise to damage caused through the wilful intent or gross negligence on the part of our employees, personnel, or authorised persons. Ownership of the delivered goods shall remain with us until full payment of the purchase price and any other current or future receivables resulting from our business relationship with the Orderer. This shall not apply if a fixed price is agreed. 4.23. 4.21. II. Merchant shall perform its obligations hereunder in accordance with: (a) Good Industry Practice; (b) Technical Standards; (c) All applicable professional rules, code of conduct, regulations and associated guidelines; (d) Any timescales set out herein; and (e) Applicable Law. 13. 1 – 3, - irrespective of the legal nature of the claim raised – is excluded. The Device will be collected by Careem from the Merchant at the sole expense of Careem. (1) Our following Terms and Conditions of Delivery and Payment shall be applicable to all commercial transactions. 9.4. VIII. 4.18. Definitions (a) In these Terms and Conditions, unless the context otherwise requires: (i) “Background IPR” means the Intellectual Property Rights owned by the Supplier relating to the Goods and/or Services before the Delivery Date. The order alone shall constitute a binding offer. In this case, we are not liable in particular for lost profits of the Orderer or for unforeseeable indirect consequential damage. ... 4.1 DELIVERY OF GOODS: The Contractor shall hand over or make available the goods, and FAO shall receive the goods, at the place for the delivery of the goods and within the time for delivery of the goods specified in the Contract. We will be in default only upon the expiration of a reasonable grace period of no less than 15 business days set by the Orderer. 1.1 The General Terms and Conditions (the “Conditions”) set forth herein shall apply exclusively to all sales and deliveries of products (the “Product”) from Glamox AS and any of its subsidiaries (the “Supplier”) to …

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