Read about our service and products.
Read about our service
The wall should be in dim indoor lighting conditions and especially no bright sunlight on the wall. Lighting should be adjustable in the install area. A white wall and holds are highly recommended.
The Recommended game area for kids and beginner climbers is 4m x 3m (width x height above the padding). The game area can be at most 4.5m x 3.8m (width x height above the padding), but then a dark lighting environment is needed. The pylon is mounted 3.2 – 4.2m from the center of the wall (depending on the size of the game area). The pylon needs to be securely bolted to the floor to avoid vibrations and accidents.
ValoClimb needs a reliable electricity and Ethernet Internet connections to function. Especially important is a non-interrupted electrical supply as sudden power breaks or spikes can permanently damage the video projector and other electronics.
A detailed overview of requirements for installation to be used by the Partner and to be shared with every Customer will be provided by Valo Motion.
The trampoline should be a high quality commercial trampoline. Works with leisure and gymnastic level trampolines. The trampoline and its surroundings should comply with local safety regulations for trampolines, e.g. PAS 5000. The recommended trampoline bed size is about 2.2m x 4.4m. The minimum size is 2m x 2m. The installation distance from the closer edge of the trampoline bed is 1.8m. The system needs to be securely attached to the floor to avoid it falling down.
ValoJump needs reliable electricity and Ethernet internet connections to function.
A detailed overview of requirements for installation to be used by the Partner and to be shared with every Customer will be provided by Valo Motion.
Like any physical activities of any kind are inherently dangerous. Activity typical safety considerations also apply to all sports equipment fitted with a Valo Motion Product.
The responsibilities of the Customer when using Valo Motion Products may include and are not limited to:
BY ACCEPTING THESE TERMS THROUGH AN AGREEMENT, ORDERING DOCUMENT ETC. THAT INCORPORATES THESE TERMS BY REFERENCE, YOU AGREE TO THESE TERMS
These Terms are applied to the provision of the Valo Motion Service, Additional Services and/or Products (as defined in Section 2) by Valo Motion legal entity specified in the Agreement “Supplier” or “Valo Motion”) to the legal entity procuring the same (“Customer”) either directly from the Supplier or through a reseller. Supplier and Customer are also referred to each as a “Party” and together as the ”Parties”.
“Additional Service” means the installation, integration, configuration, consultation, training or other professional services that Customer has ordered from Supplier, Additional Service includes the results and deliverables generated or resulting from the Additional Service.
“Agreement” means the individual agreement for the Valo Motion Service, the Additional Service and/or Supplementary Products, formed by i) a written agreement signed by the Parties, (ii) Supplier’s offer accepted by Customer or (iii) Customer’s order accepted by Supplier e.g. by commencing the delivery.
”Customer Data” means all visual, written or other form of information, material or data regarding Customer’s business, customers and/or visitors (including without limitation to personal identification information), which is uploaded to, transferred through, processed, analyzed or displayed by or entered into the Valo Motion Service, and is (i) collected by the Valo Motion Products, (ii) provided by Customer (such as regular customer information) or (iii) collected by Customer’s systems that are integrated with the Valo Motion Service.
“Documentation” means the service description, including usage and installation manuals, that are applicable to the Valo Motion Service, Additional Service and/or Products, supplied by Supplier in written, electronic or video form or referenced or incorporated in the Agreement, but excludes marketing materials.
“Error” means an error, which can be reproduced, and which causes the Valo Motion Service to not materially operate as described in the Documentation but excludes the Service Breaks and errors that do not substantially interfere with the use of the Valo Motion Service.
“Intellectual Property Right” means patents, inventions, trade secrets, rights in databases, trademarks, domain names, techniques, design rights, rights in know-how, methods and copyrights (including without limitation the right to amend and further develop as well to assign one’s rights), whether registered or not and including applications for grant of any of the foregoing and any other intellectual property rights and rights or forms of protection having equivalent or similar effect which may exist anywhere in the world.
“Player” means the person playing the interactive game enabled by the Valo Motion Service.
“Product” means Valo Motion Products and/or Supplementary Products supplied by the Supplier to the Customer.
“Service Hours” mean the service hours specified in the Documentation, during which support for the Valo Motion Service is available.
“Software” means Supplier’s software and firmware provided by Supplier to Customer as part of the Valo Motion Products or used in connection therewith including software provided as a service.
“Statistical Information” means the Customer Data, as processed by the Valo Motion Service in anonymized form.
“Subscription” means the subscription to use the Software and Supplier’s cloud service enabling remote maintenance and online technical support as well as new content features and marketing platform for the Valo Motion Service. Each Valo Motion Product requires a valid Subscription to be operational.
“Supplementary Product” means a product manufactured by a third Party that may be used in in conjunction with the Valo Motion Service such as wall shaker device, Airtrack or climbing holds that may be sold and supplied by Valo Motion to the Customer.
“Update” means any release of the relevant item(s) of the Valo Motion Service or the Software that add minor functionality or Error correction(s) or include enhancements of existing features to the then current version of the Software. Supplier decides whether a release is an Upgrade or an Update.
“Upgrade” means any major release of the relevant item(s) of the Valo Motion Service or the Software which incorporates a new feature or larger enhancements to the existing features. Supplier decides whether a release is an Upgrade or an Update.
”Valo Motion Products” mean the devices manufactured by the Supplier and including the third party parts or devices included in the Valo Motion Products that the Supplier supplies to Customer to be maintained and operated by Customer or its direct or indirect customer and used in conjunction with the Subscription, as further described in the Documentation.
“Valo Motion Service” means the Valo Motion system that combines interactive graphics and proprietary body tracking to create interactive games and training applications to be installed, for example, on existing or new sports equipment at indoor entertainment centers and playgrounds, as specified in the Documentation. Valo Motion Service includes those Valo Motion Products, as purchased by the Customer and the Subscription.
The Supplier undertakes to provide the Valo Motion Service in conformity with the Agreement. Supplier is entitled to make changes to the Valo Motion Service (including the brand and name) and the Software at any time, as long as fit, form and function of the Valo Motion Service does not materially change. Supplementary Products are sold to the Customer on terms and conditions of the third party manufacturer made available to the Customer separately unless otherwise specified in these Terms.
The Supplier undertakes to perform the Additional Services in conformity with the Agreement and with due care using Supplier’s working methods.
The Customer is responsible for acquiring and maintaining the functional status of the connections, software and data security that are required for the use of the Valo Motion Service to meet the compatibility requirements and operating environment specifications set by the Supplier from time to time, and for ensuring that Valo Motion Service fulfills Customer’s intended purpose. Customer is responsible of purchasing and changing the consumables such as lamps and remote-control batteries of Valo Motion Products.
Customer operating the Valo Motion Service is responsible for ensuring the safety of the Players including:
For the sake of clarity, the Customer shall be solely responsible, at its own cost and expense, for obtaining and maintaining all licenses, permits, certifications, approvals and other authorizations required by any applicable law, regulation or authority in the Customer's jurisdiction or territory for the purchase, import, installation, use and operation of the Products and the Valo Motion Service. Valo Motion shall bear no responsibility and shall not be liable for any costs, delays or consequences arising from the Customer's failure to obtain or maintain any such authorizations. The Customer shall obtain and maintain sufficient insurance coverage for possible accidents and injuries.
The Customer shall without delay give the Supplier all the necessary information and materials and access to facilities that are necessary for the Supplier to be able to perform the Valo Motion Service and Additional Services and make the deliveries in the agreed time. The Customer shall be responsible for the information and instructions provided to the Supplier.
Each Party shall contribute to the performance of the duties with respect to factors under the command or control of the Party and make decisions that are necessary for the delivery and performance of the Valo Motion Service or Additional Service, without undue delay.
The Customer’s users shall use and maintain the usernames and passwords of Customer user accounts diligently and the usernames and passwords may not be disclosed to third parties. Customer is responsible for all use under its usernames and passwords.
Unless otherwise agreed in the Agreement, when Products are sold directly to the Customer by Supplier, the delivery term is ExWorks, premises informed by Valo Motion (Incoterms 2020), The risk of loss and damage passes to the Customer upon the delivery in accordance with the agreed Incoterms delivery term. The title to the Products passes to the Customer upon the full payment of the agreed prices.
Customer shall report any apparent transportation damage to Valo Motion promptly upon the receipt of Products and shall mark them to the freight documentation. Any discrepancies in the delivery of Products must be reported to Valo Motion latest within seven (7) days from the receipt of Products. The Customer shall inspect the functionality of the Products latest upon their installation and report promptly any Errors to Valo Motion.
If Customer has purchased installation from the Supplier, the Supplier shall be responsible for the installation at the Customer’s premises. The risk of loss and damage to the Products passes then to the Customer when the installation is completed.
The Customer shall without undue delay report to the Supplier all Errors detected in the Valo Motion Service, Products and/or Additional Service in writing and shall identify such Errors in sufficient detail.
Errors that do not substantially interfere with the use of the Valo Motion Service and/or the Additional Service shall not prevent acceptance, but Supplier shall correct them as part of the support service as specified in Section 7.
In case the delivery is made in parts, the acceptance procedure of this section shall apply also to the acceptance of partial deliveries, but the acceptance period is seven (7) days from the completion of the partial delivery.
Supplier may suspend the delivery of or access to the Valo Motion Service (both hereinafter referred to as ”Service Break”):
If the suspension is due to a Service Break planned by Supplier, Supplier shall, where reasonably possible, inform Customer of the suspension in advance. Supplier will inform Customer of other suspensions, where reasonably possible, without delay. Supplier may make such notifications in the user interface of the Valo Motion Service
The Customer acknowledges that the Supplier or its contractor is the owner or licensee of any and all Intellectual Property Rights or any other rights subsisting in the Valo Motion Service, Valo Motion Products, the Software, Documentation and materials provided in connection with the Additional Services, as well as other items provided by or for the Supplier, including without limitation to all copies, modifications or developments to the same.
Subject to Customer’s payment of the applicable fees, Customer is granted a non-exclusive, non-assignable and non-transferable right during the term of the Agreement to:
The Customer may not copy, reproduce, republish, repair, amend, adapt or otherwise modify Valo Motion Service, Valo Motion Products the Software or the Documentation without Supplier’s prior written consent . The Customer may not make derivative works of, disassemble, decompile or reverse engineer or otherwise attempt to derive the source code, the structure, sequence or organization of the Software or the Valo Motion Service.
Unless otherwise agreed in writing, Customer may not license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or make available, the Software, Subscription or the Documentation to any third parties, or use the Valo Motion Service or the information, data or materials resulting from the Valo Motion Service for any such prohibited purposes.
The Supplier is the data controller (as defined in the EU General Data Protection Regulation) for any personal data collected and processed by the Supplier and its contractors in connection with the provision, support and maintenance of the Valo Motion Service and/or Additional Service. Personal data will be collected and processed in accordance with the Valo Motion Privacy Policy available at https://valomotion.com/privacy-policy/. Players’ personal data included in the Valo Motion Service will not be processed by the Customer.
The Supplier does not publish or disclose Customer Data to any third party but may collect and use
Statistical Information for any purposes, such as improving and managing the Valo Motion Service, demonstration, promotional or commercial purposes or in any other reasonable way.
The Supplier has the right to provide sales, marketing, promotion and commercial products and services directly to the Players that are related to the Valo Motion Service.
Supplier warrants that the Valo Motion Products are at the time of delivery free from physical defects in material or workmanship and are fit for the purpose specified in the Documentation. The warranty remedy is limited to either (i) repair of defective Valo Motion Product or part thereof, (ii) replacement of defective Valo Motion Product or part thereof, at the sole discretion of the Supplier. Supplier is responsible to remedy the defect if the same is detected in the Valo Motion Product or part thereof within 12 months from the date of delivery of the Valo Motion Product to the Customer. If the original equipment manufacturer of the part in question (OEM) has granted a longer warranty period for the part incorporated to the Valo Motion Product Supplier passes through this warranty to the Customer and the Supplier assists the Customer in making the warranty claim directly to the OEM.
The Supplier shall during the warranty period of 12 months at its cost and risk arrange the shipments of defective product from Customer to Supplier and repaired or replacement product back to the Customer.
Repair or replacement will not extend the warranty period from the original warranty expiry date. The Supplier is entitled to charge for any out of warranty repair or replacement.
The Customer agrees to follow Supplier’s policies and instructions concerning the warranty repairs and replacements. The defective units that have been replaced shall be sent to the Supplier at its request and following any agreed procedures.
The support service as specified in the Documentation is covered by the fees for the Subscription and the provision of support service shall be subject to the timely payment of the applicable fees. The support service is performed remotely, in English unless otherwise agreed by the Parties in which case onsite charges will apply.
The Customer shall, in connection with reporting an Error to Supplier, describe and demonstrate how the Error occurs. The Supplier shall use commercially reasonable efforts to correct the said Errors during the Service Hours considering the severity and impact of the Error. Supplier prioritizes the Errors considering the agreed severity level (if any) or the severity and impact of the Error, as Supplier deems to be applicable.
Correction of physical defects in the Valo Motion Products is covered only by the warranty and not by the support service. Supplier does not have any liability for defects in Valo Motion Products or Errors caused by: (a) external factors such as accident, failures in electricity supply or air-conditioning, thunder, fire, water damage, vandalism, or cases where external factors prevent the signal moving without hindrances, or failures in Internet and other networks outside of Supplier’s reasonable control; (b) misuse, or faulty repair or installation or failure adhere to the terms of the Agreement or the usage, maintenance or cleaning instructions; (c) alterations or repairs made by anyone else than Supplier; (d)use of accessories which are not approved by Supplier. Warranty shall not apply to deficiencies in consumable parts including, but not limited to, deficiencies in batteries and lamps which by their nature have limited lifetime. The warranty is not valid, if the serial number or other identification number of the Valo Motion Product or part thereof is missing, or it has been changed.
Remote investigation of Errors and remote support necessary to obtain warranty service is covered by the support service. If on-site work is needed Customer will change or update hardware components to the Valo Motion Products unless otherwise agreed in writing.
If an Error or defect is not covered by the support service or warranty, Supplier is entitled to charge separately for the location and correction of the Error or defect in accordance with Supplier’s hourly rates. In addition to the support service and warranty obligations defined in these Terms, Supplier shall not have any liability for errors or defects in the Valo Motion Service.
The Supplier may provide Updates and Upgrades from time to time in its sole discretion. The Updates are covered by the Subscription fee. Upgrades may be subject to separate charge.
To the extent the Parties have not agreed the fees in the Agreement, the fees and the adjustments for the fees shall be in accordance with the Supplier’s then current price list in EUR. Except as may be required by applicable mandatory legislation (which shall always prevail), value-added tax, withholding tax, duties, levies and other taxes and governmental charges shall be added to the fees.
Supplier has the right to charge Customer for any travel and accommodation expenses and daily allowances accrued. In addition, Supplier may charge fifty percent (50 %) of the applicable hourly fee for the time taken by a journey exceeding thirty (30) kilometers back and forth.
The Supplier has the right to a reasonable adjustment of the fees by notifying the Customer thereof at least six (6) months prior to the fee change. Any increase in a fee is made only if it is due to a general increase in costs or Upgrade of the Valo Motion Service. If a fee is increased, the Customer may terminate the respective Valo Motion Service or Additional Service to terminate on the effective date of the increase, by notifying the Supplier thereof in writing at least thirty (30) days before the effective date of increase. However, such termination will become effective only in case the Supplier, after receipt of the Customer’s termination notice, does not cancel the fee increase.
The fees will be payable as follows:
Subscription fee will be automatically debited from the Customer’s credit card or Pay Pal account registered in the Valo Motion cloud service before the beginning of the Subscription period. Customer may request to pay by wire transfer for Subscription period of twelve (12) months and longer.
Invoices are payable within fourteen (14) days from the date of the invoice. Any overdue payment shall be subject to an overdue interest at the rate of eight percent (8 %) per annum. Supplier may suspend deliveries and provision of Valo Motion Service to Customer if the Customer has delayed in making any payment.
Each Party (i) shall keep in confidence all information of the other Party of confidential nature or identified as confidential (“Confidential Information”); (ii) shall not disclose or hand over the other Party’s Confidential Information to any third party and (iii) shall not use or utilize the other Party’s Confidential Information for any other purposes than for the purpose of performance of the Agreement.
The structure and the user interfaces of the Valo Motion Service, and their underlying ideas are always Supplier’s Confidential Information. Supplier may disclose Customer’s Confidential Information to its subcontractors for the purpose of performance of the Agreement provided that the subcontractors have committed to a confidentiality provision substantially similar as herein.
The foregoing obligations shall not apply to information: (i) which at the time of the disclosure is or later becomes generally available or otherwise public through no fault of the Party receiving the information; (ii) which was in the possession of the receiving Party without restrictions on use or disclosure prior to receipt of the same from the other Party; (iii) which the receiving Party receives separately from a third party, who did not, in making such disclosure, breach any obligation of confidentiality; (iv) which the receiving Party demonstrably has independently developed without using the other Party’s Confidential Information; or (v) which must be disclosed by the receiving Party subject to law or an order by an authority or a court. Security attacks or other similar causes directed at the Valo Motion Service shall not be deemed as breach of confidentiality obligation. Supplier shall have the right to utilize the general expertise and skills that its and its subcontractors’ personnel have learnt in conjunction with deliveries to Customer.
Subject to the conditions and limitations set forth in this section 11 and section 12 the Supplier will at its sole option defend or settle at its expense, any third party claim or demand against Customer alleging that i) safety flaw in the Valo Motion Service has caused personal injury or damage to private property in accordance with the applicable product liability legislation; or ii) Valo Motion Service infringes third party Intellectual Property Right (“Claim”).
Supplier’s indemnity obligation does not apply when the Claim is attributable to
Customer indemnifies the Supplier on same terms as contained herein if the Claim is attributable to any of the exceptions listed in A- D above.
The indemnifying Party will defend, indemnify and hold harmless the indemnified Party from damages, costs, and attorneys’ fees, if any, finally awarded in such a Claim to the claimant or the amount of the indemnifying Party approved settlement and the costs of defending the Claim,
The indemnities afore are subject to that (i) the indemnifying Party is promptly notified in writing of a Claim, (ii) indemnifying Party will have control of the defense and/or settlement of the Claim, and (iii) the indemnified Party furnishes to the indemnifying Party on request, all relevant information available to the indemnified Party and reasonable cooperation for such defense at indemnifying Party’s expense.
The foregoing will be the sole obligation of the indemnifying Party and the exclusive remedy of the indemnified Party with respect to any Claims. The indemnified Party must not admit or settle any Claim without the prior written consent of the indemnifying Party.
UNLESS OTHERWISE AGREED IN WRITING ALL SOFTWARE, AND TECHNICAL INFORMATION FURNISHED BY EITHER PARTY TO THE OTHER PARTY UNDER THE AGREEMENT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR COVENANTS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). SUPPLIER MAKES NO WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT OPERATION OF THE SOFTWARE WILL BE SECURE OR UNINTERRUPTED, AND SUPPLIER HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SUPPLIER EXPRESSLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN.
NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR
DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, SYSTEMS OR PROGRAMS INCURRED BY THE OTHER PARTY, EVEN IF THE PARTY WAS ADVISED OF THE POSSIBILITY OF THE SAME.
THE SUPPLIER’S AGGREGATE TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE AGREEMENT, WHETHER THE LIABILITY ARISES BECAUSE OF BREACH OF CONTRACT, NEGLIGENCE IN CONTRACT OR TORT OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID TO THE SUPPLIER FOR THE VALO MOTION SERVICE AND/OR ADDITIONAL SERVICES UNDER THE AGREEMENT GIVING RISE TO THE LIABILITY DURING SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, LESS ANY REFUNDS OR CREDITS RECEIVED BY THE CUSTOMER FROM SUPPLIER UNDER SUCH AGREEMENT.
The limitations of liability shall not apply to damages caused by gross negligence or intentional act or by breach of confidentiality obligation set out in Section 10. Damages that the indemnifying Party is required to indemnify the indemnified Party for in accordance with section 11 are not limited by this section 12.
The Agreement will remain in force as long as the Customer has a valid Subscription. Either Party may terminate the Agreement with a written notice given at least fourteen (14) days prior to the end of each time current Subscription period to terminate at the end of the Subscription period.
A Party may terminate the Agreement with immediate effect by a written notice in case the other Party commits a material breach of the Agreement and fails to remedy the same within thirty (30) days after receipt of a written demand from the other Party to cure the breach (in which demand the other Party notifies of its intent to terminate the Agreement).
Either Party may terminate the Agreement with immediate effect by a written notice, in case the other Party is adjudicated bankrupt or bankruptcy application is filed regarding it or the other Party is otherwise demonstrably other than temporarily insolvent. In any such case Supplier may alternatively require an advance payment as a condition for fulfilling Customer’s contractual duties.
Upon termination of the Agreement all fees payable to Supplier will become immediately due and payable. No Subscription fees will be refunded to Customer in the event of any termination of the Agreement.
Neither Party may assign the Agreement to a third party, without the prior written consent of the other Party. However, Supplier may assign the Agreement in connection with sale of Supplier’s business or part thereof, or to Supplier’s affiliate, and by operation of law. Supplier may also assign its receivables based on the Agreement to a third party.
Supplier has the right to use subcontractors. Supplier is responsible for the performance of its subcontractors as of its own.
Customer shall not export, or transfer for the purpose of export, any Valo Motion Products, technical information, Software or Documentation in violation of any regulation, treaty, executive order, law, statute, amendment or supplement thereto. It is the responsibility of Customer, at Customer’s expense, to obtain all approvals and consents required for any export or re-export.
Supplier may, in its marketing activities, present the Customer as a reference (including Customer’s brand name, logotype, press release and case study at Supplier’s website and marketing material,).
Upon termination of the Agreement, the provisions which by their nature are intended to survive beyond the termination of the Agreement, shall so survive.
The Agreement and the documents which are incorporated into the Agreement by written reference constitute the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes all previous or contemporaneous agreements, representations, proposals, and other communications between the Parties with respect to the subject matter of the Agreement.
If any provision of these Terms or the Agreement is held for any reason to be invalid or unenforceable, this will not affect the validity or enforceability of any other provision of these Terms or the Agreement or the Agreement as a whole. The Parties will strive to replace the invalid provision with a valid one that best accomplishes the objectives of the original provision to the fullest extent allowed by law.
No waiver is effective unless in writing in each separate case and signed by both Parties. All amendments to the Agreement must be made in writing and signed by duly authorized representatives of each Party.
Neither Party is liable for non-performance caused by factors due to an impediment beyond its control, which the Party cannot reasonably be deemed to have taken into account at the time of the conclusion of the Agreement, and the consequences of which the Party could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, breakdown of electricity or networks, security attacks, epidemics and quarantine restrictions, strikes and other labor disputes or acts of government. A labor dispute is considered as a force majeure event also when the Party concerned is the target or a party to such an action. The force majeure events suffered by subcontractors shall also be deemed as force majeure events.
The Agreement will be governed by and construed in accordance with the laws of the country where Supplier is registered excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with the Agreement will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be held in the city of registration of the Supplier. The language used in arbitration, including the language of the proceedings, the language of the decision, and the reasons supporting it, shall be English.
Notwithstanding the above, each Party shall be entitled to seek equitable and/or injunctive relief to prevent or stop a breach of the Agreement and Supplier may take legal actions concerning overdue and undisputed receivables, in any competent court of law.
