Carrera Software Terms and Conditions of Sale Agreement


TERMS AND CONDITIONS
Please read and accept this Carrera Software Terms and Conditions of Sale (the “Agreement”) before using any Carrera Software (hereinafter products “CS”) or licenses (the “Software”). By finalizing your purchase order online through acceptance of the quotation or invoice sent to you, you as the purchaser of the Software from CS (“you” or “Customer”) agree to adhere to the terms of this Agreement, and, if applicable, you also agree to be bound to the terms of this Agreement, including any end-user (“End User”) on whose behalf you are making this purchase for (Customer and CS are hereafter referred to individually as “Party” and together as “Parties”). If you and/or the End User, as the case may be, disagree with these terms and conditions, do not finalize your order or purchase. If the order has been placed or purchase has been completed, please note that you agree to be bound to the terms herein for the duration of the Agreement.

Payment
Payment must be made at the time of order. Customer who choose to pay the total purchase price, as specified on the quotation by a single payment or effect payment monthly via EFT on or before the last day of the month for the duration of the 12 (twelve) month period. Or when the monthly invoice is issued.

Risk Title and Loss
Title to the Software passes to Customer when the Software is paid for in full and the Customer receives the License Key. Customers who opt for monthly payment do not have the rights to the software until fully paid up. THE SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS CARRERA SOFTWARE LICENSE.

CS disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or against hidden or latent defects. CS’s responsibility for warranty claims is limited to repair or replacement. CS reserves the right to modify this Warranty at any time, at its sole discretion, and with notice to Customer. CS does not warrant that the Software or any equipment or systems protected by the Software will be free from vulnerability, intrusion, attack, or other damage. CS does not warrant that the operation of the Software will be uninterrupted or error-free. CS is not responsible for damage arising from failure to follow instructions relating to the Software’s use

Entire Agreement
This Agreement constitutes the entire understanding of the Parties as to the subject matter hereof and supersedes all prior offers, agreements, arrangements, negotiations and understanding, written or oral between the parties relating to that subject matter.

Severability and Assignment.
If any provision of this Agreement is held to be unenforceable for any reason, the legality or enforceability of the remaining terms shall not be affected or impaired. The failure of CS to act with respect to a breach of this Agreement by Customer or others does not constitute a waiver and shall not limit CS's rights with respect to such breach or any subsequent breaches. CS expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. Customer may not assign, delegate or otherwise transfer (whether by operation of law or otherwise) this Agreement or any of Customer rights or obligations hereunder without the prior written consent of CS.

Governing Law and Dispute Resolution.
Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach thereof, including its interpretation, performance or termination, shall be conducted in English and in accordance with the then-current South African Law.

Breach
In the event of the Customer failing to make payment under the Agreement or breaching any of the terms and conditions of this Agreement, all of which are deemed to be material, CS shall be entitled but not obliged to retract the license key, or revoke the usage of the Software, but any and all amounts not yet paid shall be forfeited, or the balance payable within 3 (three) days of the request, the Customer hereby acknowledging and agreeing that the payment obligations are irreversible and irrevocable upon acceptance of this Agreement (which is the acceptance of the Quotation below)
To accept the terms of this License and to proceed to download this software, CLICK HERE TO APPROVE THE QUOTATION.

This contract is signed digitally and deemed accepted by CS on customers digital signature.

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Carrera Software in South Africa https://www.carrera.co.za
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Document name: Carrera Software Terms and Conditions of Sale Agreement
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03/08/2020 9:50 AM SASTCarrera Software Terms and Conditions of Sale Agreement Uploaded by Hermann Sluiter - herman@carrera.co.za IP 165.165.129.3