Please read this Sales Agreement before using this Kerio Technologies, Inc. („Kerio“) hardware application product (the „Hardware“). By completing your online order (or your order under Kerio`s Try and Buy program), you accept, as a purchaser of Kerio`s materials („you“ or „customer“) the terms of this sales agreement and, where applicable, also accept each end user („end user“ on whose behalf you make this purchase (customer and Kerio are hereinafter collectively referred to as „parties“), of the commitment under this sales contract. If you and/or the end user do not agree with these General Terms and Conditions of Sale, do not place your order or if the order has been placed, return the material immediately after receipt without using it. Limitation of Liability. Kerio is not responsible for providing support under any other agreement between the End User and a Kerio reseller or distributor (including, but not limited to, an extended warranty or a support, service or repair agreement). The whole deal. This Sales Agreement represents the parties` full understanding of the subject matter of this Agreement and supersedes all prior offers, agreements, understandings, negotiations and understandings, in writing or orally between the parties with respect to this matter. payment; Purchase price and related fees. Payment must be made at the time of the order, unless otherwise agreed by the parties. The customer will pay the total purchase price plus shipping and processing, if any, as indicated on the email invoice.
The customer is also responsible for all taxes related to this purchase and, if applicable, the importation of the material, including, but not limited to, all turnover taxes, VAT, import duties/duties/customs duties and other similar taxes levied by a government agency. In addition, the customer is responsible for declaring purchases and/or imports, in accordance with local laws, at its location and/or the place where the material is supplied by Kerio. the legislation in force; Dispute Resolution. All disputes, controversies or claims arising out of or related to this Sales Agreement or a breach thereof, including its interpretation, performance or termination, shall be finally settled by arbitration. The arbitration shall be conducted in English and in accordance with the arbitration rules and the procedures of the Judicial Arbitration and Mediation Services (JAMS) which administer such arbitration. The arbitration, including the marriage of the arbitral award, will take place in Santa Clara County, California, USA. For the purposes of this arbitration proceeding, this contract of sale is governed by and construed in accordance with California law, as this right applies to agreements between California residents that are to be entered into within California, United States. The arbitrators` decision is binding on the parties and the costs of arbitration (including, but not limited to, charging attorneys` fees to the winning party) are paid according to the arbitrators. . . .