STANDARD TERMS AND CONDITIONS OF SALE
The Standard Terms and Conditions of Sale (“Terms of Purchase”) contained herein and the End User License Agreement available at 6Degrees.tech (together the “Terms and Conditions”) shall apply to all quotes and offers made by any purchase orders accepted by 6Degrees Ltd. (“Seller”).
1.Definitions.“Buyer” means the individual or entity who accepts quotation or offer of the Seller for the sale of the Products, whose purchase order for the Products is accepted by the Seller.
“Products” means the Seller’s MyMove (Beta Version) band.
2.Acceptance. BUYER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SHALL BE CONCLUSIVELY PRESUMED FROM BUYER’S PAYMENT FOR THE PRODUCTS ACCEPTANCE OR BUYER’S ACCEPTANCE AND USE OF THE PRODUCTS. NONE OF THESE TERMS AND CONDITIONS MAY BE ADDED TO, MODIFIED, SUPERSEDED OR OTHERWISE ALTERED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED EXECUTIVE OF SELLER.
3.Fees and Payment. All prices are in US Dollars. Per any purchase order, 100% of the amount shall be paid upfront.
4.Title. With respect to the Products, Buyer shall not receive title to the Products until the Products has been paid for in full.
5.Taxes. Unless otherwise specified, the prices specified in the sales confirmation are exclusive of any transportation expenses and do not include costs and expenses of loading, freight, importing levies and expenses, taxes, duties and insurance, all of which shall solely be under Buyer’s responsibility. Buyer will be solely responsible for any other costs and expenses necessary to be incurred for conveying the Products to Buyer.
6.No Warranty. THE PRODUCTS ARE PROVIDED "AS IS" AND SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Support. A Buyer that requires support services may submit a request via: .
8.Shipment. Buyer shall assume all risk of loss or damage upon delivery by Seller to the carrier at the point of shipment. The lead time for delivery of Products ordered hereunder will be one hundred (100) days from acceptance of a sales confirmation by Seller. Buyer acknowledges and agrees that scheduled dates of delivery are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery.
9.Force Majeure. Seller shall have no liability to Buyer for delay or failure to perform due to any cause beyond the reasonable control of Seller.
10.Claims. All claims relating to quantity or shipping errors shall be waived by Buyer unless made in writing to Seller within five (5) days after delivery of Products to the address stated.
11.Cancellation. Purchase orders may not be changed or otherwise modified, unless such changes or modifications are made in writing and are confirmed in writing by Buyer and Seller.
12.Returns. No Products shall be returned without first obtaining written consent from an executive officer of Seller. Buyer shall pre-pay shipping charges for any approved returns.
13.Notices. Any notice required under these Terms of Sale shall be in writing to the parties at the addresses set forth on the sales confirmation or as may be given in writing by either party to the other. Any notice sent shall be effective (i) if mailed by registered mail, seven (7) days after mailing, (ii) if sent by messenger, upon delivery, and (iii) if sent via email, upon transmission (provided that no notification of failure to deliver was received) and electronic confirmation of receipt.
14.Export Regulations. Buyer agrees to comply fully with all laws and regulations concerning the purchase and sale of products.
15.Dispute Resolution. These Terms of Sale contained herein shall be governed and construed in accordance with the laws of the State of Israel without giving effect to any conflict or choice of law provisions. Any dispute arising from or in connection with these Terms of Sale will be brought before the competent courts of Tel Aviv, Israel. Notwithstanding the foregoing, Seller may seek injunctive relief in any court of competent jurisdiction.
16.Default. In the case of default or breach by Buyer in the performance of any or all of the provisions of these Terms and Conditions, Seller may cancel any quotations by Seller or outstanding purchase order from Buyer. Buyer shall be liable for Seller’s expenses incurred in exercising any remedies available to it, including reasonable attorney’s fees and legal expenses.