1. THE Dealer acknowledges that Software Suppliers distributes certain software products (hereinafter referred to as "products") in Australia.
2. THE Dealer shall be permitted to obtain copies of current products from Software Suppliers and resell them to End Users.
3. THE current products, services and Dealer price lists (all of which may vary from time to time) are available to the Dealer once approved.
4. THE prices are subject to change without notice and do not include any duty, sales tax or other government charges.
5. SOFTWARE SUPPLIERS shall advise the Dealer as soon as practicable in writing of any changes to products, services or prices.
6. SOFTWARE SUPPLIERS shall in no way be responsible for same or similar products not purchased direct from Software Suppliers by the Dealer or their customers. That is, Software Suppliers is only able to assist with products that have been supplied by Software Suppliers and carry proof of such.
7. THIS Agreement shall continue in force until cancelled by either party without any reason, provided that thirty (30) days written notice is so given.
8. IF either party breaches any condition of this Agreement, then the other party may terminate this Agreement by giving seven (7) days notice in writing to the other party indicating the breach giving rise to such termination. Upon such termination, all products and associated documentation will be returned to Software Suppliers by the Dealer within seven (7) days, as well as associated confidential and other business documents by either party.
9. NOTICES shall be deemed to have been served if they are posted to the addresses as set out above or sent by facsimile to the then current Fax number of the respective party.
10. SOFTWARE SUPPLIERS warrants that it has the legal right to supply the products to the Dealer.
11. SOFTWARE SUPPLIERS shall keep confidential any account and business information supplied to it by the Dealer.
12. SOFTWARE SUPPLIERS shall provide reasonable support to the Dealer by way of technical information by telephone and if requested, written advice in order to support the users that have returned the Registration Card included in the products, provided the products have been supplied by Software Suppliers.
13. SOFTWARE SUPPLIERS shall use its best endeavours to supply required products to the Dealer within a reasonable time and shall ensure that the products so supplied shall be of good merchantable quality.
14. THE Dealer shall give all reasonable support and assistance to Software Suppliers in the enforcement, if necessary, or monitoring of End User License Agreements enclosed with the Software Suppliers distributed products.
15. THE Dealer shall under no circumstances remove, deface, alter or in any way interfere with the contents of, or the outside packaging of any of the products so supplied without the prior written permission of Software Suppliers. Such written permission shall not be unreasonably withheld.
16. THE title to the products supplied to the Dealer by Software Suppliers shall not pass to the Dealer and shall remain vested with Software Suppliers until such time as payment for such products has been made to Software Suppliers.
17. THE Dealer shall promote the products and services supplied by Software Suppliers in a professional manner and shall always support and maintain the good name of Software Suppliers.
18. IT is agreed that this Dealer Application Form is not an application for credit terms. A Credit Application Form must be completed for this purpose.
19. NOTHING in this Agreement shall be deemed to exclude the warranties contained in the Trade Practices Act or the corresponding State legislation.
20. THIS Agreement shall be construed in accordance with and governed by the law of New South Wales.