The Seller agrees to treat in confidence any unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other intellectual property, financial and business products and all other intellectual property, financial and business information and all other commercially valuable information confidential to it, and all copies, notes and records and all related information generated by Obodo Pty Ltd based on or arising out of any such disclosure of any kind but does not include information which: at the time of disclosure is already in the public domain; becomes available to the public by any means other than breach of this agreement by the receiving party; is received by a party from an independent third party who is lawfully in possession and has the power and authority to disclose the information; or is required to be disclosed by law;
Where products have been prepared for delivery/produced/manufactured or finished in accordance with an agreed delivery schedule and that delivery schedule is delayed so that delivery is deferred beyond the scheduled delivery date, and where Obodo Pty Ltd is required to store the goods at its premises or other premises as required:
One-month free storage will be offered only if the invoice is paid in full. After one-month, the storage charges will be applied. Otherwise, the storage charges will be applied immediately as soon as the agreed delivery schedule has passed.
Storage fees are charged at a rate of $44.50+GST/pallet space/week, or if freestanding, then $49.50+GST per square meter/week. The customer must pay any outstanding storage fees and any other expenses up to the delivery date.
Where delivery is quoted ex warehouse, then the insurance is the responsibility of the Buyer. In other cases, responsibility for insurance shall be agreed in writing between the Buyer and seller. Risk in the goods shall pass to the Buyer upon delivery.
If this contract is terminated by the Buyer for any reason other than the non-performance of the Seller (based on performance standards set out in the final agreement), then Obodo Pty Ltd reserves the right to seek compensation for all stock committed to specifically for the purpose of fulfilling our obligations under the agreement.