Now local stock available for Indian clients, please contact using the below details:
MASSO India
india@masso.com.au
Mobile: +91 98759 91241
WhatApp: +61 483 943 001
This document sets out the terms and conditions that apply to the contract between Hind Technology Australia Pty Ltd, ABN 28 166 604 315, (Hind) and the Customer for the supply of the Products specified:
In this Contract, unless the context requires otherwise:
Business Day means:
Confidential Information means all information or data provided by or acquired from the Discloser by the Recipient, directly or indirectly, whether before, on, or after the date of this Contract which is not generally known to the public, relating to the Discloser’s past, present or future, structure, business activities, strategies, plans, assets (including IPR), products, services, financial affairs, trade secrets, ideas, concepts, techniques know-how and processes, suppliers, business partners, customers and contractual arrangements with suppliers, business partners and customers whether disclosed for the purposes of this Contract but excludes information which:
Contract has the meaning given in clause 2.2.
Consumer Contract means a contract for the acquisition of goods or services as a “consumer” as that term is defined in section 3 of the Australian Consumer Law or analogous legislation in a jurisdiction outside Australia if applicable.
Customer means the person or legal entity identified in the Invoice.
Delivery Location means the place specified in the Order Confirmation or Invoice as the place to which the Products will be delivered or, if no place is specified in either the Order Confirmation or the Invoice, the place designated by the Customer and agreed by Hind for delivery of the Products.
Discloser means a party in its capacity as a discloser of Confidential Information.
Force Majeure means any circumstance beyond the reasonable control of a party including acts of God, natural disasters, acts of war, riots and terrorist acts.
Hardware means the tangible item or items comprising the Product, excluding the Software.
Hind means Hind Technology Australia Pty Ltd, (ABN 28 166 604 315) Australia.
Insolvency Event means:
Intellectual Property Rights or IPR means all present and future rights conferred by statute, common law or equity in any territory or jurisdiction throughout the world, known as of the date hereof or thereafter devised, in or in relation to copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and Confidential Information, and other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.
Invoice means the invoice or invoices issued by Hind for the supply of the Product.
IPR Claim means any claim, demand or proceedings alleging that a Product (including any part or Product replaced under warranty) or the Customer’s use of a Product (including any part or Product replaced under warranty) infringes any Australian IPR or moral rights (as that term is defined in the Copyright Act 1968 (Cth)) of a third party.
Loss means any loss, expenses, costs, damages and claims.
Order Confirmation means formal acknowledgement of the Customer’s Purchase Order issued by Hind to the Customer (which acknowledgement may be via email) or, if Hind does not issue a formal acknowledgement, the first Invoice issued by Hind in accordance with clause 3.1.
Price means the total price excluding Tax as specified in the Invoice payable by the Customer for the Products.
Product means the Hardware and the Software and all other components of each product.
Product Documentation means any documentation provided by Hind to the Customer which describes the operation and functionality of a Product.
Purchase Order means a document or email issued by the Customer offering to purchase the Products specified in the Quotation and which includes a reference to the Quote or the reference number included on the Quote.
Quotation or Quote means the quote for the Product provided by Hind or a related body corporate before, at the same time as or after the date of this document including as part of or attached to this document.
Recipient means a party in its capacity as a recipient of Confidential Information.
Services means support or warranty or other services provided by Hind to the Customer under this Contract.
Software means any firmware, configuration files or other software which is:
Taxes means:
Update means a version of Software which is provided to correct errors or bugs or improve or upgrade the previous version.
in order of precedence. All prior representations made by either party, other documentation issued by Hind and any purchase order or other document issued by the Customer including any terms and conditions on such documents are excluded from this Contract and are of no effect.
The Customer indemnifies and will keep indemnified Hind in respect of all Loss that Hind suffers or incurs as a consequence of or arising from the Customer’s failure to comply with this clause 6.
The Customer acknowledges and agrees that title in the Software remains with Hind or its licensors.
After this time, risk of damage to, or loss or deterioration of, the Products from any cause passes to the Customer.
9.4 Hind may apply amounts received in connection with this Contract to satisfy obligations secured by a security interest contemplated or constituted by this Contract in any way Hind determines in Hind’s absolute discretion.
This limitation does not apply to exclude any guarantee that relates to the right to sell, quiet possession or clear title under Australian law, or to any other conditions, warranties or guarantees implied by law which cannot be excluded, restricted or modified.
Hind may terminate this Contract by written notice to the Customer effective immediately or from a later date specified in the notice and then the following will apply:
the Customer may terminate this Contract by written notice to Hind effective immediately or from a later date specified in the notice and in this instance, the Customer’s rights to use the Products continue.
16.1. Personal information provided by the Customer to Hind will be stored and used by Hind only in accordance with applicable privacy and data protection laws. Hind does not sell Customers’ personal information to third parties.
17.1. In this Contract, unless the contrary intention appears:
17.2. Any notice or other communication under this Contract may be given by personal delivery or by email. A notice or other communication is regarded as being given by the sender and received by the addressee:
17.3. If any provision of this Contract is invalid, illegal or unenforceable, this Contract takes effect (where possible) as if it did not include that provision.
17.4. Any failure by Hind to insist upon strict performance by the Customer of any provision in this Contract will not be taken to be a waiver of any existing or future rights of Hind in relation to the provision.
17.5. Except where clause 7.1.5 applies, the Customer must not assign or otherwise deal with its rights or obligations under this Contract without the prior written consent of Hind. The Customer is responsible for all Taxes or fees payable on or associated with the assignment.
17.6. The Contract is governed by the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from those courts.
17.7. This Contract contains the entire agreement of the parties with respect to its subject matter and may only be amended in writing.
17.8. This Contract does not create a relationship of agency, partnership, joint venture or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.
17.9. The parties agree that subject to this Contract, the United Nations Convention on Contracts for the International Sale of Goods does not apply to the supply of Products under this Contract.
Now local stock available for Indian clients, please contact using the below details:
MASSO India
india@masso.com.au
Mobile: +91 98759 91241
WhatApp: +61 483 943 001