This agreement is deemed to be concluded by the parties in the State of Queensland and any action regarding the terms and conditions of this agreement is attributable to the jurisdiction of the State of Queensland. VI. Delivery (1) The seller has the right, at his sole discretion, to deliver the full quantity of equipment, or partial deliveries are permitted until the delivery of all the equipment. For the purposes of these conditions, each partial delivery is considered a stand-alone delivery. While the seller does his best to ship or deliver the covered material in accordance with the Buyer`s wishes, the Seller assumes no responsibility or responsibility and assumes no claim for losses incurred by the Buyer due to delivery or delivery delays caused for any reason. 2. The delivery date is the date on which the equipment is made available to the buyer in accordance with INCOTERMS®2020. (3) The commercial terms used in this contract have the same meaning as those of INCOTERMS® 2020 and subsequent amendments. XI. Patents and technical advice (1) Unless the seller is manufactured according to a buyer`s design, process or formula, the seller guarantees that the material supplied by that product in the form sold by the seller, packaged and as it stands, does not infringe a South African patent, an American, German, Dutch or Australian patent; provided that the seller does not assume responsibility for an allegation of violation resulting from the use, consumption, combination or other treatment of this material. Two of them.
The seller`s technical advice is made orally, in writing or through good faith processes or samples, but without any guarantee, and is not considered to be any change in the respective rights and obligations of the seller and buyer as stated below, nor as the buyer`s approval of the intended use of the material (if the seller knows) or as not infringing the property rights of a third party. (3) If, as part of the seller`s guarantee, the buyer is informed of a right to infringement in this clause XI, the buyer immediately informs and defends the seller, including the provision of all the information that the seller deems necessary to assess the claim and develops a response. The buyer will not accept any liability or in any way affect a defence that he (or the seller) may have with respect to a claim or part of it. The seller, at his sole discretion, defends either (i) at his expense and by the final legal assistance of his choice, and, if the claim is upheld, he bears all the costs and damages that are awarded by a final judgment not in question in reparation for that violation; (ii) the repayment of the purchase price of the material to the purchaser, after which the buyer assumes responsibility for the defence of the debt and the seller`s obligations to the buyer are deemed to be fully fulfilled; (iii) provide the buyer with an acceptable alternative to materials, without prejudice to the right, without the cost of use by the buyer, and exempt the buyer from the buyer`s liability until the purchase price of the materials, or (iv) obtain authorization and license from the patent holder on behalf of the buyer.