howsoever recorded, stored or manifested, whether in oral, written or any other form, which is unpublished, not available to the general public or trade, and which is maintained as confidential and proprietary information by Rugged SA for any reason, including, without limitation to, regulatory, business, competitive, contractual or customer related reasons, but excluding information which was in the public domain prior to the date of this Agreement or which becomes part of the public domain after the date of this Agreement, without any breach of this Agreement, or information which the Reseller can show was received by it from a third party without any breach of a confidentiality obligation owed by the Reseller to Rugged SA;
Rugged SA hereby appoints the Reseller as a non- exclusive reseller of the Devices to End Users and the Reseller hereby accepts such appointment.
Unless otherwise stated in the Agreement, this Agreement shall commence on the Effective Date and shall continue for a period of twelve (12) months where after either Party may terminate this Agreement on sixty (60) days written notice to the other Party.
Notwithstanding that all risk in and to all Devices shall pass on delivery, ownership in all Devices sold and delivered shall remain vested in Rugged SA until the full Price has been paid.
then and in that event Rugged SA shall, without detracting from any other remedies which may be available to it, be entitled without prejudice to its rights in law or in terms of this Agreement to cancel this Agreement and claim damages or to claim specific performance of all the Reseller’s obligations together with damages, if any, whether or not such obligations have fallen due for performance.
No rights, duties or liabilities under this Agreement may be ceded, assigned, transferred, conveyed or otherwise disposed of by the Reseller without the prior written consent of Rugged SA, which consent shall not be unreasonably withheld.
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