In the case of a complaint of non-conformity that is made improperly or in an untimely manner (No. THE CAREEM PLATFORM AND THE MERCHANT APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” CAREEM AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. d)Customer: the person or firm who purchases the Goods from the Supplier. 3.9. 1. price. This Agreement, together with the Enrollment Agreement, constitutes the entire Agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous Agreements or undertakings regarding such subject matter. c)Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these conditions. II. The Merchant agree to indemnify and hold Careem, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) the Merchant’s use of the Careem Platform and/or Merchant Application and the sale of Goods and delivery services obtained through the Merchant’s use of the Careem Platform and the Merchant Application and/or any delivery services provided by the Merchant (if applicable); (b) the Merchant’s breach or violation of this Agreement; or (c) the Merchant’s violation of the rights of any third party, including Captains. 4.20. In the case that the Orderer is in default with calling, accepting, or collecting the goods or services, or if the Orderer is responsible for a delay of the shipment or the service of the goods, we are entitled without prejudice to any other claims, to demand payment of a flat-rate in the amount of the usual local storage charges, regardless of whether the goods are stored in our facilities or those of a third party. Obvious defects, delivery of the wrong goods, and deviations in quantity, shall be reported to us in writing by the Orderer without undue delay, no later however than 3 days from the Orderer’s receipt of the goods. 4.14. In such case, the Merchant will be responsible for any and all issues and costs associated with any delayed deliveries, including costs associated with compensating the Customer; 3.1. fail to take delivery of the Goods, the Company shall be entitled to invoice the Purchaser for the Price at any time after the Company has tendered delivery of the Goods (or as the case may be) after the Company has notified the Purchaser that the Goods are ready for delivery. 10.2 Arbitration Except as provided in the preceding sentence, this “Arbitration” section and the “Arbitration Process and Rules” section will survive any termination of this Agreement. Dates for delivery and payment, delay in performance, V. Passing of the risk, shipment and packaging costs, VI. The aforementioned limitation of liability under Sentence 1 and 2 shall apply likewise to damage caused through the wilful intent or gross negligence on the part of our employees, personnel, or authorised persons. DEFINITIONS; In these purchase order terms and conditions, all references to “the Contract” are to the contract between Buyer and Supplier of which these conditions form part, all references to “Buyer” are Innovix Distribution Pte. 1 Definitions In these general terms and conditions, the terms set forth below shall have the following meanings: even if pricing free destination station or free building site is agreed. This shall apply in particular if the Orderer ceases his payments, a check issued by the Orderer is not honoured, insolvency proceedings against the Ordererâs assets are applied for or instituted, or if an application for such insolvency proceedings are rejected due to a lack of assets. Merchant shall treat Orders received from Customer ordering via the Careem Platform with the same level of care, preparation times, delivery times if delivery is conducted by the Merchant, and attention, including providing the correct items as per the Customer order and providing the right packaging to avoid spoilage, spillage or destruction of items, as it treats Customer orders received via its own sales channels or via any third party; In the case of seizures or other third party intervention, the Orderer shall notify us in writing without undue delay. Acceptance of this offer takes place at our discretion either by sending a confirmation of order or by performing the ordered deliveries or services without reservation. Claims for damages may be raised against us only in cases of gross culpability (wilful intent, gross negligence). In the case that we provided incorrect consulting that is not invoiced separately and/or furnished information in breach of our obligations, without delivering any goods in connection with the consultation or the information, or without the consultation or the information constituting a defect of goods delivered by us (ArticleÂ 459 of OZ), any claims based thereupon shall expire within one year from the date of statutory commencement of limitation. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE CAREEM PLATFORM OR THE MERCHANT APPLICATION. In the event of a conflict between any of these Conditions and any specific term or condition (whether in the Contract or otherwise) referred to in the Purchase Order, the latter shall prevail. 1) Free Standard Delivery: * FREE service, delivered within 2-4 working days. 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