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Late payments by more than 10 days shall entitle Livegg to charge interest on the amount in default. Sale and Delivery of Products. Livegg hereby agrees to sell to the Purchaser the System, Services or Products ordered under the PO.
Sale and delivery of Systems includes Set-Up Services. Unless provided otherwise in the Offer, terms of delivery for Products shall be [ex works] under Incoterms Following receipt of payment, Livegg shall notify the Purchaser in writing  days prior to delivery at which point the Products shall be ready for collection.
Notification shall include a copy of the invoice and packing list. Products shall be packaged in a manner suitable for air and land transport, unless the PO states that Products should be packaged for sea transport.
The Purchaser should arrange collection not later than 15 days from the delivery date. If Products have not been collected beyond a reasonable time following delivery, Livegg shall be entitled to charge the Purchaser storage fees at commercial rates.
The Purchaser shall have 20 days from collection of the Products to inform Livegg of any non-conformances with a PO such as too few or too many Products included in the delivery or that wrong Products were delivered or that Products are defective.
If the Purchaser does not notify Livegg of any non-conformances within the 20 day period, the Products shall thereafter be deemed to have been accepted.
Livegg shall make good on any non-conformances as soon as reasonably possible, as follows:. In the case of too few Products delivered, Livegg shall deliver the balance of the Products in accordance with Section 4 above.
In the case of too many Products delivered, Livegg shall arrange collection of the extra Products from the Purchaser at Livegg's expense.
In the case of defective Products, Livegg shall repair or replace the defective Products as soon as reasonably possible, provided that if Livegg requires, the Purchaser shall first enable Livegg to examine the Products and confirm the defects are factory defects and not damage caused after delivery.
Where Set-Up Services are set to be provided, then the examination may be made as part of those Services. If the defective Products must be shipped back to Livegg, then the Purchaser shall cover the costs and if Livegg confirms that the Products were defective from the factory, then Livegg will reimburse the costs to the Purchaser.
Set-Up Services shall be provided by personnel of Livegg physically attending the Purchaser's premises. All other Services shall be provided by remote over the Platform or by telephone where required unless the nature of the Services also requires physical attendance at the Purchaser's facilities.
For Set-Up Services and any other Services to be provided at the Purchaser's facilities, the Purchaser shall contact Livegg at info livegg.
Set-Up Services may only be provided once all Products have been delivered to the premises where the System will be installed.
The Purchaser shall ensure that all personnel chosen to supervise or receive Services are suitably qualified and have the relevant skills. In order for Livegg to provide the Set-Up Services and to properly install the System, the Purchaser must ensure that its relevant premises have all electronic, technical and communications features set out in the Offer.
If Set-Up Services cannot be completed due to any non-adherence by the Purchaser with the instructions provided in the Offer or in any follow-up document, then Livegg will provide the Purchaser with a written report setting out the deficiencies.
When the Purchaser notifies Livegg that it has rectified the deficiencies, the parties will coordinate a resumption of the Set-Up Services, provided that the Purchaser shall first reimburse Livegg for all additional costs incurred as a result of postponing the Set-Up Services.
Except for Set-Up Services, where possible all other Services shall be provided remotely by email or by telephone where required. Livegg shall provide all Services to a professionally acceptable standard and in a timely manner.
Subject to the terms and conditions contained herein and subject to the payment of the License Fee as set forth in Section 7. Any use of the Software by the Purchaser that is not a Licensed Use is expressly prohibited.
Without derogating from the generality of the foregoing, the following actions are expressly forbidden:. The License is subject to a License Fee as quoted in the Offer.
The first License Fee shall be payable together with payment of the Purchase Price for the Products as detailed in Section 3.
Unless the Offer provides otherwise, the License Fee shall be payable within 10 days of the start of each month by a standing order that the Purchaser shall set up with its bank.
Invoice receipts will be issued following receipt of payment. Livegg shall be entitled to update the License Fee once every calendar year.
If the Purchaser defaults on a License Fee payment by more than 15 days, Livegg shall be entitled to suspend provision of all Services via the Platform until such time as the License Fee is paid.
If the License Fee remains unpaid for the next 15 days, Livegg shall be entitled to terminate the License by prior written notice to the Purchaser, but the License Fee shall remain due and owing in full to Livegg.
Late payments of License Fee shall entitle Livegg to charge interest as per Section 3. If the Purchaser determines that any withholding tax must be deducted from payment of License Fees or any part of the Purchase Price, then the Purchaser shall first notify Livegg in writing and provide Livegg with any documents required by Livegg under applicable tax rules and regulations to submit to the Israeli Tax Authorities in order to avoid double taxation on the same payment.
The Purchaser shall not deduct the withholding tax until Livegg has confirmed that it has received any required prior approvals from the Israeli Tax Authorities.
If relief from double taxation is not available for any reason, then the applicable Purchase Price and License Fees shall be deemed to be increased so that the amounts that Livegg receive from the Purchaser after deduction of withholding tax shall be the same amounts that Livegg would have received had no withholding tax been applicable.
The License shall be valid for individual terms of 12 months each. Each time a term expires, a new term shall automatically commence unless either Party provides written notice to the other Party not later than 30 days prior to the end of a term that they no longer wish to renew the License.
In such circumstance, the License shall terminate upon the expiration of the then applicable term. Livegg shall also be entitled to terminate the License if the Purchaser is in breach of any of the terms of the License or of any of these Terms and following the provision of written notice of the termination to the Purchaser in which the breach is detailed, the Purchaser fails to cure the breach within 10 days, following which the License shall be automatically terminated.
Following termination of the License, the Software may no longer be used by the Purchaser and the Platform shall cease to communicate with the System and no further Services shall be provided in connection with the System.
Notwithstanding the foregoing, Livegg reserves the right at any time to modify, enhance, alter, adapt or replace the Software with any other Software that it owns or is permitted to use for such purposes, in each case provided that the overall purpose of the Software sending data regarding poultry eggs in incubation to the Platform and analyzing the data is not materially altered.
Furthermore, Livegg reserves the right at any time to terminate all Licenses and to halt all communications between the Platform and the System.
Such termination shall be effected by providing at least 60 days prior written notice to the Purchaser. If the License is terminated under this Section 7.
Warranty of Products. Trays and other Products purchased from Livegg are warranted for a period of 12 months from the date of delivery the " Warranty Period " to be free and clear of defects in design, material and workmanship.
If the Purchaser notifies Livegg within the Warranty Period of defects in the Products that are not consistent with this express warranty, then Livegg will repair or replace the defective Products subject to the following:.
All expenses shall be paid for by the Purchaser, but Livegg shall reimburse the Purchaser for reasonable expenses if Livegg confirms that it is bound to repair or replace the Product under the terms of this warranty;.
Livegg shall not be responsible for and shall not be required to replace any Products that:. Except for the express warranty provided in Section 8.
Except for the rights for Products under warranty under Section 8. Warranty of Software and Platform.
Livegg warrants and guarantees that the Platform will be operational and will communicate with the System in the manner intended, except for when downtime is reasonably required for periodic maintenance, repairs and modifications.
The Purchaser shall report Bugs to Livegg in sufficient detail reasonably necessary for Livegg to understand the problems caused and to determine the most appropriate reparatory action.
For all other Bugs, the response time shall be within two full business days. Livegg shall exert commercially reasonable efforts to fix all Critical Bugs or provide suitable workarounds until a fix is possible, within 3 business days of receipt of a report from the Purchaser regarding the Critical Bugs.
All other Bugs shall be fixed or a suitable workaround provided as soon as reasonably possible under the circumstances.
Livegg shall maintain an email helpline during normal business hours in Israel for the purpose of enabling Purchaser to obtain technical assistance and to report Bugs.
For as long as the License is valid and has not been terminated, Livegg shall ensure that the System receives all updates and bug fixes to Software that are made generally available to all other customers of Livegg.
Except as stated above, Livegg makes no representations and warranties regarding the performance of the System and the achievement of any particular results.
No promises or guarantees are made regarding the quality and development of eggs that are incubated using the System and by Purchasing the Products, System or Services and using the Software under License, the Purchaser hereby fully, finally and irrevocably waives any and all claims of any kind that the Purchaser may have against Livegg in connection with the Products, System, Services and Software, except for those rights expressly stated herein.
Limitation of Liability. In all circumstances, Livegg's maximum liability to the Purchaser arising from these Terms, the Products, Systems, Services and Software shall be the total amount that the Purchaser has paid to Livegg in Purchase Price and License Fee in the 12 month period in which the relevant claim has arisen, provided that the Purchaser has more than one claim arising in more than one 12 month period, then the maximum liability shall be the total amount that the Purchaser has paid to Livegg in Purchase Price and License Fee in the more recent 12 month period.
The foregoing is subject to any lower limit of liability imposed in connection with any claim in any other provision under these Terms.
No claim may be made against Livegg where the facts giving rise to such claim arose more than 12 months prior to the claim being made.
Indemnity and Insurance. It is hereby agreed and understood that the System and all Services including consulting Services of any kind are intended solely for the collection and analysis of data regarding the eggs during the incubation process and they are not intended to be used to verify the safety of eggs for consumption or any other use.
Accordingly, the Purchaser shall ensure that it takes industry accepted means in order to test and verify eggs are safe for consumption or for any other intended purpose.
The limits of indemnity specified herein represent a minimum requirement and the Purchaser undertakes to assess the relevant exposure to liability and determine the limits of liability accordingly.
It is further understood and agreed that the limits of indemnity specified herein shall not be deemed a limitation on Purchaser's indemnification liability under Section Livegg shall be named as an additional insured under the Purchaser's policies and the insurance companies shall have waived any rights of subrogation against Livegg.
The Purchaser shall provide Livegg with copies of the insurance policies, upon request and with certificates evidencing the policies remain valid and in full force and effect.
Without derogating from Section The foregoing shall not apply for the benefit of any one who caused damage with malicious intent.
All Purchaser's policies shall be renewed at least twenty 20 days prior to the respective expiration dates of existing policies.
The insurance companies shall have agreed to notify Livegg in advance of cancelling any insurance policy. Intellectual Property.
Under no circumstances shall the Purchaser receive any rights in any of the intellectual property rights underlying the System, Products, Platform, Services and Software, except as expressly granted in the License.
For the purposes hereof, "intellectual property rights" means all patents, patent applications, design rights, trademarks, trade names, domain names, confidential information, know how and trade secrets and any other similar intangible rights of any kind underlying the Systems, Products, Platform, Services and Software.
Section headings are for guidance purposes only and shall not be used in the interpretation of this Agreement. No amendment to these Terms or to any other part of Sale Contracts shall be effective unless made in writing and signed by both Livegg and the Purchaser.
No waiver of any rights shall be effective unless made in writing and signed by the Party making the waiver. If any part of these Terms or any Sale Contract is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, then such part shall be deemed removed therefrom as if not included from the start and the validity of the remaining provisions shall not be affected thereby.
Where possible, the removed part shall be replaced with a new part that as closely as possible reflects the original intention of the parties without itself also becoming invalid.
These Terms and all Sale Contracts shall be governed and construed in accordance with the laws of the State of Israel without reference to its conflicts of laws provisions.
The courts of Tel Aviv-Jaffa shall have sole and exclusive jurisdiction to determine any disputes arising in connection with these Terms or Sales Contracts.
Any notices to be provided under this Agreement shall be provided by email or facsimile, provided that confirmation of transmission can be obtained.
Notices to Livegg shall be delivered to email: info livegg. Notices to the Purchaser shall be delivered to the contact details set out in its PO.
The Story of LIVEgg. Learn More. Our Vision LIVEgg is here to dramatically change the poultry industry by providing hatcheries, all over the globe, with the most precise production planning and hatching prediction tools.
LIVEgg Team. Interested in joining the LIVEgg team? SEND RESUME. News and Events. For a meeting during the IPPE20 exhibition, please contact us.
Israeli poultry start-up aims to stop culling of billions of male chicks Read more. LIVEgg: A data-driven hatchery Read more. Presented At VIVASIA Read more.
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Cookies are used in order for our website to recognize your browser or device, learn and store information about how you use our website so that we can provide the services you require, improve your user experience and provide certain functions for the operation of the website.
Some cookies are essential for the proper operation of our website, such as taking you to a page you wish to navigate to.
Privacy Commitment Livegg is committed to protecting the privacy of all individuals in respect of whom we hold any personal data, regardless of whether those persons are customers, potential customers, business partners or otherwise and regardless of how we have come to possess the personal data.
Livegg will ensure that all personal data that you submit to us, or which we collect, via various channels, including without limit via your interaction with our website, through written correspondence including e-mail and personal interaction with our representatives and business partners, is only used for the purposes set out in this policy and that it shall be held and stored safely and in compliance with the applicable laws.
Livegg is the controller of all personal data that we collect, meaning that we determine the purposes and means of the collecting and using the personal data.
We also control who has access to all personal data that is under our control. Additionally, if any of your personal data is processed, Livegg is also the processor of the personal data.
We protect confidential business information in accordance with signed non-disclosure agreements, other applicable commercial agreements and our confidentiality policies.