Product guide

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9.3 - Software embedded in the Equipment and stored in programmable read only memory is supplied by way of irrevocable non-
exclusive license to the Customer to use such software in or in respect of the Equipment. The Customer shall not other than as
expressly permitted
by these Conditions, copy, reproduce, translate, adapt, de-compile, modify, reverse engineer or disassemble any such software. The
Customer acknowledges that the copyright and other intellectual property rights in such software are the property of and shall
remain with the Company.
9.4 - Software supplied by the Company which is not embedded in the Equipment is licensed on the basis of a Software License
Agreement normally provided with each copy of that software or its handbook and the Customer agrees to use such software strictly in
accordance with the terms of its license.
9.5 - The Company also reserves the copyright and all other intellectual property rights in all its prototypes, software, drawings,
sketches, plans, prints and other documentation or data. No reproduction thereof shall be made without permission of the Company
and the Customer shall not transfer or part with possession, to a third party, of any of the above without the written permission of the
Company.
10 EXPORT CONDITIONS
10.1 - In these Conditions .Incoterms. means the international rules for the interpretation of trade Conditions of the International
Chamber of Commerce as in force at the date when the contract between the Company and the Customer was made. These
Conditions shall prevail over Incoterms in the event of inconsistency between them.
10.2 - Where the Equipment is supplied for export from the United Kingdom, the provision of this Clause 10 shall apply
notwithstanding any other provisions of these Conditions, subject to any special Conditions agreed in writing between the Company
and the Customer.
10.3 - The Customer shall pay any bank or other charges on negotiable instruments in respect of export payments.
10.4 - Unless otherwise specified on the order acknowledgement issued by the Company to the Customer for the Equipment,
Incoterms ex works shall apply.
10.5 - Where delivery is made f.o.b. the Company shall be under no obligation to give notice under Section 32(3) of the Sale of Goods
Act 1979.
10.6 - Where testing and inspection of the Equipment is required before shipment the Customer shall be responsible for arranging this
at the Company’s premises. The Company shall have no liability for any defect in the Equipment in respect of any damage during
transit.
10.7 - Unless otherwise agreed in writing between the Company and the Customer, payment shall be made by irrevocable letter of
credit opened by the Customer in favour of the Company and confirmed by a bank in the UK approved by the Company
11 INSOLVENCY OF CUSTOMER
11.1 - If the Customer is unable to pay its debts, ceases to carry on business or becomes bankrupt or insolvent or any steps are taken
by any person with a view to its winding up or dissolution or it enters into any composition or arrangement for the benefit of its
creditors, or any trustee, liquidator, receiver or similar officer is appointed to it over its
assets, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to
the Company and if the Equipment has been delivered but not paid for the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to the contrary.
12 SPECIFICATIONS
12.1 - The Company may alter specifications, dimensions and other product details as stated by the Company at any time without
notice.
12.2 - If the Equipment is to be manufactured or any process is to be applied to the Equipment by the Company in accordance with a
specification submitted by the Customer, the Customer shall indemnify the Company against all loss, damages, Costs and expenses
awarded, against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any
claim or infringement of any patent, copyright, design, trade mark or other intellectual property right of any other person which results
from the Company’s use of the Customer’s specification.
13 MISCELLANEOUS
13.1 - The laws of England shall govern any controversy or claim of whatever nature arising out of or relating to these conditions or
breach thereof.
13.2 - All disputes arising in connection with these Conditions or the Contract shall be subject to the non-exclusive jurisdiction of the
English Courts.
13.3 - The Company is a member of the group of companies whose holding company is Bewator AB and accordingly the Company
may perform any of its obligations or exercise any of its rights under these Conditions by itself or through any other member of its
group, provided that any act or omission of any such other member shall be deemed to be the act or omission of the Company.
13.4 - The Company shall not be liable in any circumstances for any failure to perform any obligations where such failure is due to
industrial dispute; acts or delays of suppliers; fire; flood; act of god; armed conflict; any rule or action of any public authority;
transportation delays; refusal or delay in granting any license or permit or any cause beyond the Company’s reasonable control.
13.5 - Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to
the other party at the address shown on the acceptance of order or quotation of the Company or such other address as may have been
notified pursuant to this Clause to the party giving the notice.
13.6 - The failure of either party to exercise or enforce any rights under this Agreement shall not amount to a waiver of those rights.
13.7 - The illegality or invalidity of any part of these Conditions shall not effect the legality or validity of the remainder of them.
Conditions Of Sale