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Terms and Conditions for Software Orders - AMT Software - Advanced Management Technology Software

TERMS AND CONDITIONS FOR ORDERING AND PURCHASES
OF AMT SOFTWARE PRODUCTS ON-LINE


Access to the online ordering section of AMT Software's website by each customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms & Conditions").

The customer's use of, and or access to the online ordering section of AMT Software's website, also confirms its full understanding and agreement to AMT Software's terms.

The customer acknowledges that AMT Software's terms and conditions have been read and the customer has examined the contents therein and received independent legal advice thereon.

AMT Software reserves the right to amend the Terms & Conditions at any time. Since you are bound by these Terms & Conditions, you should refer to them periodically of your own accord but also pay particular attention to any notice by AMT Software that they have been amended.

GENERAL COMMERCIAL TERMS
This website is provided for the purposes of allowing the customer to do the following with an industry standard web browser

a) Access as presented on this website information about AMT Software and their software products, the terms of the relationship between the customer and AMT Software, and the products and or software presented on this website, and

b) Communicate to AMT Software the customer's desire to purchase products and or software and or services presented on this website.

The customer must use this website solely for the authorised purposes. The customer must not disclose their order details to any third party.

ORDERING
Notwithstanding anything in the Terms & Conditions or any other agreement between the customer and AMT Software, all orders made on this website are subject to acceptance by AMT Software, and no order will be deemed to be accepted by AMT Software until such acceptance has been confirmed to the customer.

If the customer wishes to retain a hard copy of any order it places on this website, the customer may print the relevant order confirmation as provided for on the website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by AMT Software.

The decision by AMT Software whether or not to accept or fulfil any order will be based inter alia upon the customer's account and credit status at the relevant time. Orders accepted by AMT Software will be confirmed by e-mail and or telephone and or fax to the customer. AMT Software reserves the right to delay or cancel any order at any time (including at the time of fulfilment).

If the customer wishes to cancel any order, they must do so by telephoning an AMT Software sales representative or account manager. Orders may not be cancelled after 24 hours of time of placement, or if the products have left AMT Software's premises for shipping, electronic or any other method of delivery, whichever occurs earlier unless otherwised agreed by both parties in writing.

AMT Software's customer returns procedure will apply to all items which the customer wishes to return.

The customer expressly authorises AMT Software to communicate with it via e-mail and or fax and or telephone regarding any order the customer places on this website, the customer's account and or credit status and other confidential information.

AMT Software will send such e-mails to the e-mail address and or telephone to the telephone number and or facsimile to the facsimile number specified by the customer at the time of order placement or as otherwise advised by the customer to AMT Software either expressly in writing signed by an authorised representative of the customer or on registration document which the customer submits to AMT Software as part of its application to order software.

SHIPPING
AMT Software will endeavour to deliver products within seven (7) business days following the day on which AMT Software received customer's order. products will be delivered via electronic means and or courier. Standard delivery orders should arrive within seven (7) business days.

AMT Software, at its sole and absolute discretion, may deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate agreement and no default or failure by AMT Software in respect of any one or more instalments shall vitiate the agreement in respect of products previously delivered or undelivered products.

In no event will AMT Software be liable for increased cost, loss of profits or goodwill or any other special, incidental or consequential damages due to late delivery or non-delivery of the products.

If the customer fails to take delivery of the products or any part of them when they are made available to him or fails to provide any instructions, documents, licences, consents or authorisations required to enable the products to be delivered on the due date, AMT Software shall be entitled, upon giving written notice to the customer, to store or arrange for storage of the products, delivery shall be deemed to have taken place, and the customer shall pay to AMT Software all costs and expenses (including storage and insurance charges) arising from its failure to take delivery.

AMT Software may, at its sole discretion, allow a customer to withdraw its order if shipment has not yet taken place, however, the customer agrees that AMT Software, at AMT Software's dicression, may levy a cancellation charge equal to 20% of the price of the products ordered. If shipment has taken place, AMT Software may levy a further charge to cover all associated shipping charges incurred by AMT Software.

Unless the customer notifies AMT Software to the contrary by telephone or facsimile transmission on the day of delivery and such notification is confirmed in writing within two (2) days, the products shall be deemed to have been accepted by the customer as being in good condition and in accordance with the agreement. The customer shall not be entitled to withhold payment of all or any of the price of the products pending the verification of any such claim by AMT Software.

DELIVERY AND RISK
Any claims for shortages or loss and damage in respect of products supplied or sold by AMT Software to the customer must be made in writing by the customer and forwarded to AMT Software within seven (7) days of the supply of the products.

AMT Software will not be bound to accept any return of products by the customer unless the return is authorised in writing by a director of AMT Software.

Returns once authorised in writing by AMT Software must be sent using only the AMT Software nominated freight forwarder and addressed to AMT Software at the address nominated in writing by AMT Software.

Any costs incurred or loss suffered in respect of or arising as a result of any unauthorised return will be payable by the customer.

PRICE AND PAYMENT
Payment terms are strictly by approved credit card or bank transfer at the time of placing an order via the online ordering service.

Any purchase price, costs and or taxes payable by the customer to AMT Software for any products shall become payable by the customer at the time an order is placed via the online ordering service.

If the customer defaults in paying any outstanding amounts to AMT Software then any purchase price, costs or taxes owed by the customer to AMT Software becomes immediately due and payable and the customer indemnifies AMT Software against all costs incurred by AMT Software as a result of such default.

The customer authorises AMT Software at AMT Software's discretion to appropriate any money received from the customer against whatever outstanding amounts are due by the customer to AMT Software.

RIGHT TO SUPPLY
AMT Software reserves the right to accept or decline in whole or in part any order made by the customer for the supply of products.

AMT Software reserves the right to supply any order in whole or in part.

If any order is accepted, it is always subject to AMT Software having the products available to fulfil the order.

Prices are subject to change and is the responsibility of the customer for any actual cost increases due to variations in taxes (including products and services taxes or value added taxes) customs, tariffs, insurance and freight costs, and any other duty between the date of the order and the date of delivery of the products.

RISK AND PROPERTY
The products will be at the customer's risk, as from the time AMT Software or their suppliers despatches them to the customer, but legal and equitable title to all products remains with AMT Software until all outstanding amounts owing by the customer to AMT Software have been paid in full (whether such monies are in respect of the monies payable under a specific order or any other account whatsoever).

The customer must ensure that all the products in transit to it, and in its possession, are fully and properly insured at all times.

RETENTION OF TITLE
The relationship between the parties is a fiduciary relationship and until such time as payment in full for the products is made by the customer to AMT Software.

Property in products supplied pursuant to these Terms and Conditions passes to the customer only when all outstanding amounts due to AMT Software for any products supplied to the customer have been paid for in full by the customer to AMT Software by credit card or bank transfer (no cheques or other negotiable securities will be accepted by AMT Software).

Nothing in these terms and conditions gives the customer any right to return any products and AMT Software may sue the customer for any Outstanding Amounts when due, notwithstanding that property in the products may not have passed to the customer.

If any event of default occurs then AMT Software may, without previous notice to the customer, lawfully retake possession of the products in respect of which property has not passed to the customer and for that purpose is irrevocably authorised and licensed by the customer to enter upon any premises occupied by the customer or any other place where the products may be to take possession of the products.

RETURN OF PRODUCTS
Products manufactured or developed or adapted to purchasers specifications are not returnable due to incorrectly supplied specifications by the customer.

Otherwise products may be returned provided that:

(a) Products returned must be accompanied by a delivery docket stating original invoice number, date of purchase and reason for return.

(b) Products are undamaged, unused and in original packaging.

(c) Notification of the return is made within 7 days and the products returned within 14 days of the date of invoice.

(d) A return fee may be levied at the discression of AMT Software to the purchaser, except for products that have been wrongly or over supplied by AMT Software.

(e) All costs arising from the return of such products are the purchaser's liability. (ie freight, taxes etc.)

AMT Software will make all reasonable endeavours to effect delivery on the date stated but any time or date stated for delivery is an estimate only and shall not be of the essence and AMT Software shall not be liable for any loss arising out of delays in delivery.

CUSTOMER REPRESENTATIONS
The customer acknowledges and agrees that AMT Software is relying upon the following representations of the customer when AMT Software chooses to accept a customer order. The customer represents that:

a) The customer is not under 18 year of age;

b) The customer is ordering products for its own internal use;

c) The customer will not resell any products purchased hereunder;

d) The customer will comply with all applicable laws in the territory of residence and or employment and or installation and or use in using the products purchased and

e) The customer has read, understands, and agrees to be bound by these Terms and Conditions of Purchase.

AMT Software shall be entitled to refuse to accept orders placed by the customer if the customer misrepresents or AMT Software, on reasonable grounds, suspects that the customer is misrepresenting any of the above.

INTELLECTUAL PROPERTY, CONFIDENTIALITY, SOFTWARE LICENSES AND RESTRICTIONS ON USE OF CONTENT
All information, text, material, graphics, software and advertisements on this website ("content") are Copyright © 2000-2008 AMT Software or by the appropriate trademark or copyright holder or holders, unless expressly indicated otherwise by AMT Software. The content is protected by Danish and international copyright and trademark laws. Content on this site, no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this website or expressly authorised in writing by AMT Software.

Strictly on the condition that the person accessing this website keeps all content intact and in the same form as presented on this website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may as a customer, using an industry standard web browser, download and view the content for the authorised purposes only. No one is authorised to use this website in any manner or for any purpose which is unlawful or in any manner which violates any right of AMT Software or an affiliate or which is prohibited by the Terms & Conditions.

The customer acknowledges and agrees that all pricing information and order details constitute the confidential information of AMT Software, and the customer must not disclose this information to any third party without the prior express written authorisation of AMT Software. The customer must inform AMT Software immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.

DISCLAIMER, GUARANTEE, INDEMNITY AND LIMITATION OF LIABILITY
The Trade Practices Act an Denmark similar State and Territory Legislation in may confer rights and remedies on the customer in relation to the provision by AMT Software of this website (including the various functions contained on this website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). AMT Software does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) This website and software provided by AMT Software (including all content and functions) is provided "as is" and without warranties of any kind, either express or implied,

b) AMT Software and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) AMT Software does not warrant that any functions on this website or software provided by AMT Software (including inter alia the customer's access to this website) will be uninterrupted or error-free, that any defects will be corrected or that this website or the server which stores and transmits content to the customer or any other person accessing this website are free of viruses or any other harmful components,

d) AMT Software does not warrant or make any representations regarding any customer's access to, or the results of the customer's access to, this website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of AMT Software) will AMT Software or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website or any content or software provided by AMT Software.

AMT Software gives no express warranty in relation to the supply of the products and the customer acknowledges that it has not relied on any representation or warranty made by or on behalf of AMT Software in relation to the products or their supply. Further, to the extent permitted by law, if AMT Software is or becomes liable to the customer in any manner whatsoever for breach of warranty or in relation to the supply of any defective products, then the Supplier's liability will be limited solely to the price paid by the customer for such products less delivery expenses.

The customer acknowledges that:

a) They have undertaken its own inspections and made its own independent enquiries in reaching its decision to purchase products from AMT Software.

b) AMT Software is not responsible in any manner whatsoever for information that is entered incorrectly by the customer in placing an order.

c) The purchaser expressly acknowledges that no reliance is placed upon the skill or judgement of AMT Software, it's servant or agents. Any condition or warranty that the products shall be fit for any particular purpose is hereby specifically excluded.

If the customer breaches these terms and conditions, the customer will indemnify and continue to indemnify AMT Software for all costs associated with remedying the customer's breach of these terms and conditions.

RIGHT TO INJUNCTIVE RELIEF
The customer acknowledges and agrees that AMT Software would not have adequate remedy at law and would be irreparably harmed in the event that customer breached any of the representations made by thr customer in Section "FORCE MAJEURE". Accordingly, the customer agrees that AMT Software shall be entitled to ex parte injunctive relief to prevent any threatened or continued breach and to specifically enforce such provisions, in addition to any other remedy which AMT Software may be entitled to at law or in equity.

FORCE MAJEURE
AMT Software will not be liable to the customer for any delay or failure to perform due to any cause beyond its reasonable control. Such causes include but are not limited to, compliance with any laws, regulations or orders, acts or omissions of the customer, strikes, acts of God, interruptions of transportation or inability to obtain necessary Labor, materials or facilities, or default of any supplier. The delivery schedule will be considered extended by a period of time equal to the time lost because of any excusable delay.

OTHER
The Terms & Conditions embody the entire agreement between the customer and AMT Software in respect of the customer's access to, and use of, this website and software supplied by AMT Software and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter.

For customers residing in Denmark, New Zealand, Pacific Countries and Asian Countries this agreement will be governed by and construed in accordance with the laws of Denmark, Denmark. The customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Denmark.

For customers residing in the European Union, United States, Canada and other countries not listed in this agreement will be governed by and construed in accordance with the laws of Denmark, The customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Denmark.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

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