terms and conditions for delivery of goods

IF ANY SUCH LICENSE OR PERMIT IS REVOKED, EXPIRES OR IS TERMINATED FOR ANY REASON WHATSOEVER THEN THE MERCHANT SHALL PROMPTLY NOTIFY CAREEM IN WRITING; This shall also apply if the goods are to be processed in systems that are not procured from us. Definitions and Interpretation 3. 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. “Merchant Application” means the Careem application (web-based or otherwise), which provides you with the ability to receive details and updates relating to Orders; 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. The Merchant may give notice to Careem by written communication to Careem’s email address at legal@careem.com for any matter and will give 5 calendar days’ written notice with respect to terminating its use of the Careem Platform and the Merchant Application. The provisions set forth under Nos. The Supplier shall provide copies of all documentation including itemized delivery docket attached to the goods. Shipment is at the risk of the Orderer on principle, i.e. 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. Subject to Clause 4.11 below, Careem will handle any Customer and Merchant complaint related to the Careem Platform, the Merchant Application and/or the Device (in the event Careem has provided Merchant with that Device); Severance If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply. 4.9. In case any Customer informs Careem that the Customer has received any expired Good(s), Merchant acknowledges and agrees that the Merchant will not be paid for such Order, and that if the Merchant has already received any Payment (as defined below) from Careem in respect of such Order (subject to any appropriate reductions hereunder), Careem will have a right to deduct or offset such amount from or against any monies that are owed by Careem to the Merchant from time to time under this Agreement; The Orderer has full knowledge of our General Terms and Conditions, gained through our price lists, emails, and Internet publications. In such case, the Merchant will be responsible for any and all issues and costs associated with any delayed deliveries, including costs associated with compensating the Customer; 4.19. 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”). Merchant warrants, represents and undertakes that prior to dispatch of any Goods, any such Goods have at all times been handled, stored and maintained in hygienic and sanitary conditions and in accordance with Applicable Law, Good Industry Practice and any instructions or requirements of the manufacturer and/or producer of the Goods; 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. General 1. All and any data and information provided as to the suitability and utilisation of our goods does not release the buyer from examining and testing the goods for their suitability for their intended purposes. Careem will display Information and your Menu on the Careem Platform at its discretion; The NHS terms and conditions are for the use of NHS bodies procuring goods and services from commercial organisations. General Terms and Conditions of Sale, Delivery, and Payment, Our deliveries and services are performed exclusively under the General Terms and Conditions of Sale set forth hereinafter. Application of Terms and Conditions 2. If Customer contacts Merchant to request any change or modification to an Order, Merchant will direct Customer to contact Careem directly. “Device” means an internet enabled mobile or tablet device capable of accessing the Merchant Application; Three months following the passing of the risk to the Orderer under No. LIMITATION OF LIABILITY 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. Your continued access or use of the Careem Platform and/or the Merchant Application after such posting constitutes your consent to be bound by these Terms and Conditions, as amended. Merchant will be responsible for any taxes or charges payable on the Goods including collecting, paying and reporting such taxes to the appropriate authorities and providing Customers with compliant Tax Invoices where required under local laws for the Goods. If the Order is returned to the Merchant within the same calendar day on which the Order was placed by the Customer, Merchant acknowledges and agrees that the Merchant will not be paid for such Order and that if the Merchant has already received the Net Sales Value and/or any other Payment from Careem in respect of such Order (subject to any appropriate reductions hereunder), Careem will have a right to deduct the Net Sales Value and/or the value of any other Payment made from or against any monies that are owed by Careem to the Merchant from time to time under this Agreement; These transport of goods terms and conditions are designed for use by a small business offering a delivery service for goods. In the case that the goods delivered by us are defective, we are obliged only, at out choice, to subsequently repair the defect (subsequent improvement) or to deliver fault-free goods (subsequent performance). (2) Our Terms and Conditions of Delivery and Payment shall apply exclusively. The Merchant undertakes to return the Device along with all accessories (in a full working condition as determined by Careem) to Careem immediately upon the termination of this Agreement or when requested by Careem. Where Careem is required to make changes or updates to Information on behalf of the Merchant pursuant to clause 4.4, Careem reserves the right to seek written confirmation from the Merchant of the changes or edits prior to uploading them, such confirmation shall be provided promptly by the Merchant and the time taken between any such request for confirmation submitted by Careem and written confirmation being provided by the Merchant shall not count towards the 48 hour time period within which Careem must reflect any changes as set out under clause 4.4; 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. c)Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these conditions. In cases of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible, for example operational troubles and interruptions due to fire, water, or similar events, failures of production facilities and machines, late delivery, or delivery shortfalls on the part of our suppliers, and interruptions in operation due to a shortage in raw materials, energy or labour, strike, lockout, difficulties in the procurement of transportation means, disruptions or obstructions in traffic, or official intervention, we are – to the extent that the named circumstances prevent us from a timely performance of our obligations -  entitled to postpone the performance of the delivery and/or service for the term of the obstruction plus a reasonable start-up time. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Careem Platform in any manner. 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; The Agreement governs your use of the Careem application, website, call center and technology platform (collectively, the “Careem Platform” or the “Platform”) which facilitates the listing, sale and delivery of Goods (as defined below) to Customers (as defined below) (“Platform Services”). You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Enrollment Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Careem Platform or the Merchant Application or the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Careem, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In the event that this Agreement expires or is terminated for any reason, Merchant will no longer be entitled to access and/or use the Careem Platform and the Merchant Application and Merchant shall return all Confidential Information it has received from Careem hereunder. “Effective Date” means the execution date of the Enrollment Agreement; II. If the preparation time of an Order exceeds the communicated expected preparation time, or the waiting time for the Captain exceeds the communicated expected waiting time or, where these times are not communicated, the preparation time of an Order exceeds the standard order preparation time of 15 minutes, the Merchant’s ranking on Careem’s customer-facing application for provision of the Services may decline and a higher expected delivery time will be shown to Customers for the Merchant. 4.11. IX. 2. to 4 hereinafter, or the law prescribes longer limitation periods. Neither party shall have, or represent itself to have, any authority to bind the other party or act on its behalf. 4.21. Careem may immediately terminate the Agreement with respect to you, or generally cease offering or deny access to the Careem Platform and the Merchant Application or any portion thereof, at any time and for any reason without notice to the Merchant. The Terms and Conditions for Goods and Services with all Monies contain the following clauses: 1. If no price has been expressly determined, the prices in effect at the time of the conclusion of contract as per our price list shall apply. Delivery and Performance 9. 4.2. 4.15. 4.12. Merchant acknowledges that a Captain may not accept any Order from the Merchant if Captain deems that any of the Goods are not packaged correctly or are at risk of spillage, spoilage or destruction. 7.2. In compliance with the Purchase Order Terms and Conditions, the Supplier shall be liable by right for payment of penalties for delay, for any delivery … 7.1. 1) Free Standard Delivery: * FREE service, delivered within 2-4 working days. 11.1 Upon Expiry or Termination We provide technical support to the best of our knowledge. If the buyer is in default with acceptance or in arrears, the risk of accidental loss or deterioration of the goods passes to him. The order alone shall constitute a binding offer. 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. fail to take delivery of the Goods, the Company shall be entitled to invoice the Purchaser for the Price at any time after the Company has tendered delivery of the Goods (or as the case may be) after the Company has notified the Purchaser that the Goods are ready for delivery. 3.9. Exclusions from Limitation of Liability. Careem may amend these Terms and Conditions unilaterally and in its sole discretion from time to time. 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. “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; (1) Our following Terms and Conditions of Delivery and Payment shall be applicable to all commercial transactions. If for any reason these changes cannot be made via the Merchant Application, Merchant will notify Careem by email of any changes or new Information and will provide at least 48 working hours’ notice for Careem to reflect such changes on the Careem Platform. General terms and conditions for delivery and sale. Where such times are not communicated, the standard order preparation time should be within 15 minutes. 7.4. 6.2.7. Careem may give notice by means of a general notice on the Careem Platform, electronic mail to your email address in the Merchant Account, or by written communication sent to your address as set forth in the Enrollment Agreement. 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. VIII 1 to 5 of these present Terms and Conditions of Sale, unless we fraudulently concealed the defect. The Services 6. The Orderer is entitled to a right to set-off our claims only if his counter claims are res judicata, undisputed, or have been acknowledged by us. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. The Merchant will send to Careem, at least once a week, a stock update sheet for all Goods being sold on the Careem Platform. IN ADDITION, CAREEM AND ITS AFFILIATES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CAREEM PLATFORM OR OF THE MERCHANT APPLICATION OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE CAREEM PLATFORM OR THE MERCHANT APPLICATION, OR THAT THE CAREEM PLATFORM OR MERCHANT APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. 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. 2.1 "Deliverables" means the deliverables specified in the Purchase Order (and any Statement of Work) to be delivered on or before the Delivery Date. In each individual case of default, our obligation to pay damages is limited under the provisions of Ziff. THE MERCHANT WILL NOT SELL ANY GOODS THROUGH THE CAREEM PLATFORM THAT REQUIRE A MEDICAL PRESCRIPTION, ARE NARCOTICS OR ARE A CONTROLLED MEDICATION; “Net Sales Value” means the amount charged by the Merchant to any Customer that is attributable to an Order placed through the Careem Platform, inclusive of any VAT payable in respect of the Goods, but net of all discounts being offered by the Merchant on the Careem Platform; Prices, terms of payment, default in payment, IV. Notwithstanding the foregoing, nothing in this Agreement shall exclude or limit either party’s liability to the other in relation to: 9.5.1. death or personal injury caused by negligence or wilful or reckless misconduct of that party; The Merchant hereby grants to Careem a worldwide, perpetual, non-exclusive, assignable, royalty-free license (with full right to sublicense) for the term of the Agreement to use, reproduce, publicly display, exploit, modify, alter or integrate its Intellectual Property Rights as are provided by the Merchant to Careem (whether directly or indirectly) or are uploaded by the Merchant onto the Careem Platform or Merchant Application, from time to time, for the purpose of providing the Platform Services and any marketing campaigns it runs in relation to the Services. The Enrollment Agreement shall constitute an integral part of this Agreement. 1 – 3, - irrespective of the legal nature of the claim raised – is excluded. H&M reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods. terms and conditions. In the case of deliveries outside Slovenia, other country-specific dues and charges may be added. These Terms and Conditions and the Enrollment Agreement shall hereinafter be referred to as the “Agreement”. We agree to release, upon the Orderer’s request, the securities of our choice to which we are entitled, to the extent that the realisable value of our securities exceeds our receivables from the Orderer, that are the matter to be secured, by more than 20%. The OZ if Captain does not accept the Order, Merchant will ensure no. Agreement shall hereinafter be referred to as the goods at the Merchant, Careem will Captains... No Order contains any goods past their expiry and/or consumption date @ careem.com bank on Careem. 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