Terms Of Sale - Marine Rescue Technologies sMRT AU10 User Manual

24 sMRT AU10 User Manual v1.8

10 Terms of Sale

1 Definitions & Interpretation
(a) The def initions and rules of interpretation in this clause apply in these Conditions.
Annual Maintenance/Support: an annual programme of maintenance, repairs and support in respect of
marine saf ety equipment in accordance with relev ant Maintenance Protocols av ailable f rom the Supplier
under an Annual Maintenance & Recertif ication Agreement.
Annual Maintenance & Recertification Agreement: the Supplier's separate Annual Maintenance &
Recertif ication Serv ice Agreement cov ering Annual Maintenance/Support and Annual Recertif ication.
Annual Recertification: means annual recertif ication of marine saf ety equipment as being in Good
Working Order by the Supplier f ollowing completion of Annual Maintenance/Support av ailable f rom the
Supplier under an Annual Maintenance & Recertif ication Agreement.
Conditions: these Terms & Conditions of Sale.
Contract: the Customer's order and the Supplier's acceptance of it in accordance with clause 3(c), which
incorporates these Conditions.
Customer: the person, f irm or company who purchases Equipment f rom the Supplier.
Equipment: the equipment to be purchased by the Customer f rom the Supplier under the Contract,
including all hardware and related Sof tware, and all substitutions, replacements or renewals of such items
and all related accessories, manuals and instructions prov ided (including without limitation any part or
parts thereof ).
Good Working Order: means operation in accordance with relev ant operating manuals, specif ications
and other manuf acturer documentation.
Intellectual Property Rights: patents, rights to inv entions, copy right and related rights, trade marks,
trade names, domain names, rights in get-up, rights in goodwill or to sue f or passing of f , unf air
competition rights, rights in designs, rights in computer sof tware, database rights, topography rights,
moral rights, rights in conf idential inf ormation (including without limitation know-how and trade secrets) and
any other intellectual property rights, in each case whether registered or unregistered and including without
limitation all applications f or and renewals or extensions of such rights, and all similar or equiv alent rights
or f orms of protection in any part of the world.
Maintenance Protocols: the Supplier's published procedures, requirements and protocols f or routine
prev entativ e and correctiv e maintenance, repairs and support of marine saf ety equipment supplied by it
(including hardware maintenance and repair, Sof tware updates and maintenance) f rom time to time to
ensure it is in Good Working Order.
Software: means one or more computer programs in object code f ormat, whether stand alone or bundled
with other hardware or sof tware supplied as part of the Equipment, including embedded code, and all
related documentation supplied under the Contract.
Supplier: Marine Rescue Technologies Limited (Company No. 04202403), Registered Of f ice: Halif ax
House, 30-34 George Street, Hull, East Y orkshire HU1 3AJ.
VAT: v alue added tax chargeable under English law f or the time being and any similar additional tax.
(b) Clause headings shall not af f ect the interpretation of these Conditions. Ref erences to clauses are to
the clauses of these Conditions
(c) A person includes a natural person, corporate or unincorporated body (whether or not hav ing separate
legal personality ).
(d) A ref erence to a company shall include any company , corporation or other body corporate, wherev er
and howev er incorporated or established.
(e) Unless the context otherwise requires, words in the singular shall include the plural and in the plural
include the singular.
(f ) Unless the context otherwise requires, a ref erence to one gender shall include a ref erence to the other
genders.
(g) A ref erence to a statute or statutory prov ision is a ref erence to it as amended, extended or re-enacted
f rom time to time.
(h) A ref erence to writing or written includes f axes and e-mail.
2 Application of Conditions
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