be payable within 7 (seven) days of the date of the invoice. The Fees will be paid in the currency specified in the invoice without withholding, deduction or set-off for whatever reason into the account designated under such invoice.
4.2 Expenses. Unless otherwise agreed in writing, the Fees shall be exclusive of reasonable expenses (including for shipment and related insurance) which may be charged to Customer in addition to and invoiced together with the Fees.
4.3 Taxes. The Fees shall exclude all taxes (including without limitation value added tax sales tax, withholding tax, (and any other similar taxes levied in any jurisdiction), duties (including without limitation stamp duties and customs and excise duties), tariffs, rates, levies and other governmental charges or expenses payable in respect of the Products, all of which shall be payable by Customer in addition to the Fees.
4.4 Remedies for Non-Payment. Where payment of any amount due to SNC for the supply of the Products is not received on or before the due date for payment SNC shall be entitled to charge interest on such amount at a rate of 2% (two per cent) per month and/or to cancel the Order.
5. CUSTOMER USE
5.1 Use of Products. Customer shall be responsible for assessing the suitability of the Products for the Customer’s specific business requirements. Customer shall use the Products only for its own internal business purposes and in accordance with SNC’s reasonable instructions and shall not use the Products in a manner which is harmful or contrary to applicable law and shall not resell or redistribute the Products save with SNC’s prior written consent.
5.2 SNC Warranty. SNC warrants that the Products as supplied by it will materially conform to the Product Specifications as set out in the Order. Customer will report any such non-conformance of which it becomes aware to SNC, and provided it does so within 30 (thirty) days of receipt of the Products, it will as its sole and exclusive remedy be entitled to return the non-conforming Products and demand that SNC replace such Products with Products that conform with the relevant Product Specifications, and if SNC fails to do so within a reasonable time of receipt of the returned Products, Customer may require that SNC refund the Fees paid to SNC by Customer for the returned Products.
5.3 Disclaimer. Save for the warranty provided in clause 5.2 above the Products are provided to Customer by SNC “as is” and without warranty of any kind and SNC in particular disclaims that the Products are or will be free from defects, fit for a particular purpose or non-infringing of any third party rights.
5.4 Risk of Use. Use of the Products is at the sole risk of Customer. Customer accordingly indemnifies and holds SNC and its Personnel harmless against any and all claims and losses arising pursuant to or in connection with its use of the Products.
6.1 Direct Damages Limited. Save to the extent that such limitation is not permitted by applicable law, SNC’s maximum liability to the Customer for any damages, expenses, costs and losses whatsoever claimed in connection with the Order including the use of the Products shall be the total amount of Fees paid to SNC under the Order.
6.2 Indirect Damages Excluded. In no event shall SNC or its Personnel be liable for any indirect, incidental, extrinsic, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including, without limitation, loss of profits, loss of revenue, loss of goodwill, business interruption, third party claims or any other loss or damage arising out of a delay in delivery or use of the Products) arising in connection with the Order, whether based on contract, delict, statute or otherwise, except to the extent that the limitation contained herein is not permitted by applicable law.
7. INTELLECTUAL PROPERTY RIGHTS
SNC may use the Customer Material provided to it by Customer for the purposes of developing and manufacturing the Products only. Any and all Intellectual Property which subsist in or pertain to the