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Terms and Conditions of Sale (For Customers in Hong Kong SAR Only)
"Global Mag" means the Global Mag & Press (HK) Limited selling products to the Customer as identified in Global Mag's Quotation or Invoice.
"Customer" means the person or legal entity identified in Global Mag's Quotation or Invoice.
"Contract" means a contract for sale by Global Mag to the Customer of the products and/or services incorporating the Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer's order has been accepted by Global Mag. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
3. ORDERS, PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by Global Mag, payment for the products or services shall be made in full before physical delivery of products or services.
3.2 Customer shall pay for all shipping and handling charges.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
3.4 Time for payment is of the essence. Global Mag reserves the right to charge interest at the rate of 15% per annum on sums overdue.
4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Global Mag does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Global Mag or the licensor of the software at all times.
5. TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
6.1 Global Mag shall deliver the products to the place of delivery designated by Customer and agreed to by Global Mag.
6.2 Global Mag may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Global Mag in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.
6.3 Any dates quoted by Global Mag for the delivery of the products are approximate only and shall not form part of the Contract. Global Mag shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
7. ACCEPTANCE OF PRODUCTS
Unless the Customer notifies Global Mag to the contrary on the day of delivery and such notification is confirmed in writing within two days, the products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the products whilst any claim is being investigated by Global Mag.
8.1 Global Mag's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
8.2 The Customer shall indemnify Global Mag and keep Global Mag fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
8.3 Global Mag and Customer agree that Global Mag will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Global Mag shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Global Mag has been advised of their possibility.
8.4 Any service response times stated by Global Mag in the service contracts are approximate only and Global Mag shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
8.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Global Mag shall be subject to correction without any liability on the part of Global Mag.
9. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong SAR and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.
11.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Global Mag. Any such unauthorized assignment shall be deemed null and void.
11.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.