Terms and Condition of Sale Agreement:
For the Supply of TimePro Time Recording Systems
a) Software Licence & Support
The intellectual property rights for TimePro software will remain with the copyright owners, Motor Industry Management Systems Ltd (the Company) at all times and they are not transferable. TimePro software is supplied to the customer with a unique annual software licence number, which is renewable every twelve months for the forthcoming twelve-month licence period. The renewable licence number will only be released by the Company upon receipt of the annual licence fee from the customer. If the annual licence number is not issued by the Company due to nonpayment, some TimePro software functions will be automatically disabled.
The annual software licence and support fees cover the software user licence, software updates, software support and hardware support for TimePro data terminals and associated equipment.
b) Warranty and Limit of Liability
The Company warrants that the TimePro system will perform in accordance with its specification. This warranty covers normal day-to-day use of the TimePro system and is only valid with a current fully paid software licence. Fire, flood, malicious and/or vandal damage to the system will be rectified at the Customers request and expense. The Company and the Customer agree to indemnify each other against any liability arising in respect of injury (including death) to any person or loss or damage to any property which results from the act, default or negligence of itself, its employees, agents or subcontractors.
In no event shall the Company’s liability under the agreement exceed the price paid by the Customer to the Company for the equipment connected with any claim.
c) Payment Terms
1) A deposit, as indicated on the Quotation, is required with the order. The balance of the Total Price becomes due no later than 10 working days after installation. 2) A finance proposal acceptance will be adequate in lieu of a deposit. Should a finance proposal not be accepted then the Payment terms will revert to (1).
d) Termination of Contract
Any deposit received by the Company from the Customer is not refundable should the customer terminate the contract. Failure by the Customer to secure funding for the purchase of the TimePro system will automatically revert this contract to outright purchase and the deposit becomes payable immediately.
e) Entire Agreement
The parties agree that these terms and conditions represent the entire agreement between the parties relating to the sale and purchase of the TimePro system. These terms and conditions will also apply to TimePro systems supplied under a finance agreement.