Terms and Conditions

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Important Notice The purpose of this notice is to bring to your attention important issues concerning your ArchiCAD Licence(s). 1.0 Definitions 1.1 Customer - means the person or entity named in Graphisoft's order form. 1.2 Goods - means the disks, software, hardware, written materials and any other items set out in Graphisoft Australia's order form. 1.3 These terms and conditions shall apply to all goods and services provided to the customer and take precedence over any terms which may be offered by the Customer. 1.4 If any provision of these conditions is unenforceable that provision shall be deemed to be modified to the extent necessary to make it enforceable or if modification is not practical the provision shall be deemed to be deleted but without affecting the remainder of these conditions. 1.5 Graphisoft Australia shall not be bound by any variation of these terms unless it is expressly agreed in writing 2.0 Quotation/Price 2.1 Any price quoted shall remain valid for 14 days from the date of quotation. 2.2 A quotation shall apply only to the goods, quantity of goods and services specified. 2.3 Bundled pricing if stated on Quotation only applies if complete system, including software, hardware and services as stated are purchased. 3.0 Payment 3.1 GST is payable where it applies unless a GST Exemption is specifically quoted. 3.2 Payment shall be the GST inclusive price and shall be in accordance to the terms negotiated for each offer. 3.3 Updates of the software and accompanying goods will be offered at the then current price. 4.0 Supply 4.1 Whenever installation forms part of the agreed supply services the customer shall provide Graphisoft Australia with reasonable access to all reasonable times to complete installation. Failure by the customer to do so shall not serve to delay the customer's obligation to pay any part of the contract price beyond the date that in the normal course such payment would have been due. 4.2 Graphisoft Australia reserves the right to make part delivery and installation of an order or to delay delivery and installation if the customer is in default of the contract price. 4.3 Delivery will be notified at time of receipt of signed order. Normal delivery of standard items is 10-15 working days after receipt of order. 5.0 Services 5.1 Installation and Training outside of the metropolitan district of our offices may incur additional costs for travel and associated expenses. 5.2 Technical support for ArchiCAD or other software packages that might be included in any technical support services detailed on the order form means that Graphisoft Australia is available by telephone or fax (or e-mail) for technical support of the software for the period stated. Graphisoft Australia does not guarantee a specific response time but normally same day response can be expected. Unless the customer has taken out a Software Maintenance Agreement and he is entitled to priority technical support, all requests should be sent via the www.arkiklub.com web site. Graphisoft Australia will use its best efforts to resolve the problem and provide answers as appropriate. 5.3 If technical support services require Graphisoft Australia personnel to visit the customer's site to advise or resolve the problem then this would normally be charged out at the then current call out rates plus reasonable costs for travel to and from the customer site. 6.0 Risk 6.1 Risk of any loss or damage to the goods shall pass to the Customer immediately upon delivery to the Customer's premises. Software should be insured for the full value. In the event of loss or theft of the hardware lock another full licence fee should be paid. 7.0 Title and Licensing 7.1 Notwithstanding that risk for goods may have passed, title and ownership of goods (in which title may pass) does not pass to the customer until the price has been paid in full. 7.2 All rights of intellectual property (whether registered, pending registration or otherwise) in the software shall remain the sole property of the author of such software. 7.3 In completing the purchase of the goods the Customer is granted a licence to use the software at a single computer location unless otherwise expressly authorised in writing by Graphisoft Australia. 7.4 The Customer may copy the software in machine-readable form for backup purposes only. The copy shall identify the proprietor's copyright notice and proprietary legends. 7.5 Written materials accompanying the software shall not be copied and the software shall not be modified, merged or included with other software nor shall it be recompiled, reverse engineered, disassembled or otherwise reduced to a human - perceivable form. 7.6 The software is licenced to the Customer only and shall not be transferred to any third party without the prior written consent of the developer or Graphisoft Australia on its behalf 8.0 Warranties/Limitation of Liability 8.1 Graphisoft Australia does not unconditionally warrant that the goods shall be or remain free of defects (bugs). Graphisoft Australia gives no warranty whether expressed or implied as to the merchantability or fitness for a particular purpose of the goods. The Customer shall be solely responsible for determining whether or not the goods are suitable for the customer's requirements whether or not those requirements have been communicated to Graphisoft Australia. 8.2 Under no circumstances (including negligence) shall Graphisoft Australia be liable for any incidental, special or consequential damages that result from the misuse of or inability to use the goods. 8.3 Graphisoft Australia shall have no liability for any loss or damage including incidental, special or consequential damage for any delay or inability to deliver or install the goods in whole or part by any indicative date. Special Upgrade Terms and Conditions Graphisoft Australia is able to offer you an upgrade of your current Version of ArchiCAD software to "ArchiCAD 11 for  TeamWork". It is proposed to offer you the upgrade, which includes: ArchiCAD 11 for TeamWork set of new Manuals (1st Lic. Only) ArchiCAD 11 for TeamWork CD with software ArchiCAD 11 for teamwork Hardware Lock / Dongle / Keyplug The upgrade fee payable by you for this upgrade is specified in the Upgrade Pricing Document. In situations where new hardware locks are being provided to replace your old hardware locks, this offer by Graphisoft Australia is strictly on the basis that you return, via the prepaid courier pack, all old hardware locks. Those locks are to be returned to Graphisoft Australia within 5 working days of receipt by you of the ArchiCAD upgrade package. Failure to comply strictly with that requirement renders you liable for full payment of the cost of the ArchiCAD licences pertaining to the hardware locks not returned. In all other respects Graphisoft Australia terms and conditions of supply remain and for the purposes of this offer shall be varied only to the extent that they are inconsistent with the terms in this letter. You are invited to signify your acceptance of this offer and understand the consequences of any failure to observe the requirements to return the old hardware locks by signing, dating and running the enclosed ArchiCAD 11 Upgrade Order Form.