Definition
Customer: a person or company buying products from Iva Studio – the Product vendor as identified on the invoice and, where relevant, the support provider.
Application
These Terms and Conditions of Sale constitute the entire understanding between the parties relating to the products to be purchased by the Customer and shall supersede any previous communication, representation or agreements by either party whether oral or written. Buyer’s additional or different terms and conditions shall not apply unless explicitly agreed between buyer and Iva Studio.
Acceptance of deliveries hereunder shall constitute acceptance by Buyer of these Terms and Conditions of Sale. No change of any terms and conditions herein shall be valid unless in writing signed by an authorised representative of each party.
Price
Unless otherwise agreed in writing by Iva Studio, all quotations expire 30 days after the date of quotation. Unless otherwise agreed in writing by Iva Studio, all prices are exclusive of value added and similar taxes. Such taxes, when applicable, shall appear as separate items on Iva Studio invoice.
Delivery, title and risk
Deliveries of any products purchased shall be subject to Iva Studio availability schedule. Iva Studio shall make every reasonable effort to meet any delivery date(s) quoted or acknowledged but shall not be liable for failure to meet such dates(s).
Iva Studio will, to the best of its ability, comply with the Customer’s instructions concerning dates of delivery. However, any delivery date given is an indication only, offered in good faith. Iva Studio does not guarantee this date and shall not be held responsible for claims or damages, to the fullest extent permitted by law, arising from delayed deliveries. Delivery by instalments may be made.
Legal title of the products shall not pass to the Customer until Iva Studio has received payment in full for such products. Until then, the Customer must insure the goods and may use them, without modification, in the ordinary course of business.
Delays in performance
Iva Studio shall not be liable for delays in performance or non-performance due to unforeseen circumstances or due to causes beyond its control. In the event of non-performance due to causes beyond Iva Studio control continuing for more than three (3) months, either party may terminate the agreement as to products not yet delivered.
Payment
Payment for services will be established through a service contract.
Payment methods: The client will be able to make the payment through a bank transfer, payment order, based on invoices generated by Iva Studio. The invoices will be sent to the client using the communication channels established between the two parties.
After the materials are delivered, and the payment is done, Iva Studio cannot return the money. If Iva Studio will not respect the deadline of delivery, the client will benefit from a discount.
All the terms of payment are specified in the contract.
Payment in advance. If necessary, the client can make a payment in advance of 30% or 50% based on the project.
Prompt payment discounts
In the event that there is a discount for payment within a certain number of days, the period of days shall commence upon the date of invoice.
Risk of loss
Risk of loss and damage shall pass from Iva Studio to Buyer upon delivery of the products.
Acceptance and warranty of products
Acceptance shall be accomplished using applicable test procedures or programs established by Iva Studio.
All goods or services shall be deemed accepted unless rejected by notice in writing to Iva Studio within 7 days of delivery. Any such notice shall give detailed reasons for such rejection. Upon receipt of this notice, a refund will be considered, with deductions made as appropriate. If Iva Studio agrees to the return of the goods, they must be in their original condition with packaging, a return note and proof of purchase; the return costs may also be payable by the Customer.
Iva Studio does not give a warranty guarantee protection for:-
1) Damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or the Customer.
2) Damage caused by any party or other external force.
3) Fitness for any particular purpose.
4) 3rd party products specified by the Customer.
5) Any instruction specified by the Customer and correctly performed by Iva Studio.
Changes and cancellations
No changes or cancellation to orders can be made once the purchase order is received.
Copyrighted materials
Unless otherwise agreed in writing copyrighted materials (Software and printed documentation) may not be copied except for archive purposes, to replace a defective copy and for program error verification by Buyer.
Licensed products
With respects to those products for which Iva Studio grants licenses and which are supplied here under, it is understood and agreed that the word “purchase” or similar words or derivative words shall be understood to mean “license”, and “Buyer” or any similar words or derivative words shall be understood to mean “licensee”. Title to licensed materials shall remain with Iva Studio, notwithstanding anything to the contrary herein. Licensing of software shall be subject to Root Solutions’ standard contract term applicable to the product.
Liability and Force Majeure
Iva Studio shall not in any circumstances whatsoever be liable for 1) indirect or consequential loss; 2) loss of business profits, loss of data or use; 3) damage remedied by Iva Studio within reasonable time; 4) loss avoidable by the customer through reasonable conduct.
Iva Studio shall not be liable to the Customer on any account whatsoever in the event that Iva Studio is prevented from fulfilling its obligations hereunder due in whole or in part to an event of force majeure, i.e. circumstances beyond its control.