Agreement: |
the agreement between Supplier and Reseller for the sale and purchase of the Goods in accordance with these terms and conditions and as provided in Section 2. |
Business Day: |
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. |
Consumer: |
the end user of the Goods |
Delivered Duty Paid: |
shall have the meaning as set out in the Incoterms. |
Ex Works / FCA: |
shall have the meaning as set out in the Incoterms. |
Force Majeure Event: |
has the meaning given in Section 13. |
Goods: |
the goods (or any part of them) under any Trademark and as set out in the Order. |
Incoterms: |
the standard international commercial terms of the International Chamber of Commerce 2010 version. |
Intellectual Property: |
patents, rights to inventions, copyright and related rights, including moral rights, trademarks, trade dress, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in industrial designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered throughout the world and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, the right to sue for infringement of such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. |
Manufacturer: |
the manufacturer of the Goods. |
Order: |
the order by the Reseller for the Goods, as set out in the purchase order form of Reseller. |
Reseller: |
the person or firm or entrepreneur who purchases the Goods from the Supplier for onward sale to a Consumer and is authorized pursuant to Section 8. |
Specification: |
the description assigned to the Goods as provided in any Order. |
Supplier: |
Kamado Joe UK Limited (Incorporated and registered in England and Wales with company number 11292875). |
Terms: |
the terms and conditions set out in this document as amended from time to time in accordance with Section 14.6. |
Trademark: |
any trademark or trade dress and the goodwill associated therewith owned, licensed, or used by Manufacturer or by Supplier in connection with the Goods, whether registered or unregistered anywhere throughout the world. |