Terms and conditions
As used in this Agreement, the terms listed below are defined as follows:
A. “Agreement” means the proposal, quote, or agreement between Buyer and KlaraTech to which these terms and conditions are attached or affixed and all documents incorporated into that agreement by reference and these terms and conditions;
B. “KLARATECH” means the seller hereunder;
C. “Buyer” means the party, or parties, other than KLARATECH that has signed the Agreement;
D. “Work” means the services that KLARATECH is to perform under this Agreement (“Services”);
E. “Price” means the total amount due from Buyer under the Agreement; if not specified in the Agreement, the Price shall be the price at the time of finishing the project.
Unless otherwise specified, Buyer will pay the Price in Euros funds, net 30 days, and prices quoted are firm for thirty (30) days.
For our online training courses in our webstore, payment is due prior to the start of the start of the session. KLARATECH may place a service charge on past due accounts at the highest rate permitted by law.
3. NO CONSEQUENTIAL DAMAGES:
NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, DIRECTLY OR UNDER ANY INDEMNITY, FOR LOSS PROFITS OR FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS CONTRACT, INCLUDING BUT NOT LIMITED TO LOSS OF USE, OR DELAY OF PRODUCTION, HOWEVER SAME MAY BE CAUSED.
4. FORCE MAJEURE:
KLARATECH shall not be liable to Buyer for any loss or damage suffered by the Buyer, directly or indirectly, from any failure or delay by KLARATECH in delivering or performing under this Agreement that is caused by circumstances beyond KLARATECH's control, including but not limited to, fires, computer or telecommunications systems failures, natural disasters, strikes, slowdowns, lockouts, epidemics, war, riot, civil disturbances, terrorist acts, government regulations or restrictions of any and all kinds, interruptions of or delay in transportation, material shortages, power failures, inability to obtain materials and supplies, accidents, explosions, or other causes of like or different character beyond KLARATECH's control.
The Price does not include any applicable sales, use, withholding, value added, purchase or similar tax of any kind. Buyer shall
be liable for payment of all such taxes, fees, and charges. Any tax required to be withheld by Buyer under laws of any foreign country for the account of KLARATECH, shall be promptly paid by Buyer and on behalf of KLARATECH to the appropriate governmental authority.
6. CONFIDENTIAL INFORMATION:
The Work and any other related information or data supplied by KLARATECH (the “Information”) constitute valuable trade secrets and proprietary information of The Buyer. KlaraTech agrees that it shall hold the Information in confidence and secrecy.
7. SAFETY FEATURES:
It is understood that it is Buyer’s responsibility to assure that the equipment will be used in compliance with safety requirements and will be adequate to safeguard against injuries to person or property.
Travel arrangements will be made and Services will be provided after a Buyer issues a purchase order to identify the Work. Any Buyer terms and conditions contained in purchase orders, acceptances, acknowledgments, confirmations or other documents shall not overrule the terms and conditions in this contract.
9. ADDITIONAL CHARGES:
If additional Services are purchased by Buyer, the terms and conditions herein shall be applicable thereto, as if originally purchased hereunder.
KLARATECH reserves the right to discontinue the provision of, or change or modify, any Services.
11. DELIVERY AND ACCEPTANCE: Deliveries are scheduled only after acceptance of an order and clarification of required technical information. Starting dates are estimates, made to the best of KLARATECH's ability based on conditions prevailing at the time of quotation, and are not guaranteed. KLARATECH shall be released from any delivery time obligations if: (a) Buyer fails to perform any of its obligations under this Agreement, (b) unanticipated or different tests, controls or inspections must be conducted, and (c) Buyer requests variations to the Work from that specified in this Agreement.