Acceptance of Purchase Order:
The following terms and conditions apply to all purchase orders placed by the buyer NESS CORPORATION (NESS) and accepted by the seller (Seller). Acceptance of the purchase order constitutes an agreement between NESS and Seller, superseding any prior negotiations, understandings, or agreements.
The prices stated on the purchase order shall remain fixed and unchanged unless otherwise agreed upon in writing by both parties. The prices are exclusive of any applicable taxes or duties unless otherwise stated.
Payment terms shall be as agreed upon between NESS and Seller. Invoices shall be submitted by Seller to NESS in a timely manner, and payment shall be made within the agreed-upon timeframe.
Delivery and Shipping:
Seller shall deliver the ordered goods or services within the specified time frame and to the designated delivery location as stated in the purchase order. Any delays in delivery must be promptly communicated to NESS. Risk of loss or damage to the goods shall transfer to NESS upon delivery.
Quality and Acceptance:
Seller shall ensure that all goods or services provided under this purchase order meet the specifications, standards, and quality agreed upon by NESS. NESS reserves the right to inspect and reject any non-conforming goods or services and request replacements or refunds.
Any intellectual property rights, including copyrights, patents, or trademarks, associated with the goods or services provided by Seller shall remain the property of Seller or its licensors. NESS shall not acquire any rights to such intellectual property unless explicitly agreed upon in writing.
Either party may terminate this purchase order in the event of a material breach by the other party. Termination shall be effective upon written notice, and the parties shall settle any outstanding obligations or liabilities incurred before the termination date.
Any confidential information shared between NESS and Seller in connection with this purchase order shall be kept confidential and used solely for the purpose of fulfilling the obligations outlined herein. This obligation shall survive the termination of this agreement.
Governing Law and Jurisdiction:
This purchase order shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any disputes arising from or in connection with this purchase order shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
By accepting the purchase order, Seller acknowledges and agrees to abide by these terms and conditions. Any modifications or additions to these terms and conditions shall be valid only if agreed upon in writing by both NESS and Seller.