. mrsC, for its part, had entered into a non-exclusive distribution agreement which designated MRSC as the distributor of Microsoft products, by MO with respect to the sale of products in. Gracemac and the applicant had Gracemac`s exclusive licence withdrawn in favour of the applicant. Subsequently, the applicant has a license agreement with Microsoft Operations Pte. Asia, including India. MO sells the products to MRSC at a price of 90 per cent of the price at which SARM sells the products to authorized resellers. Pursuant to the Distribution Agreement, MRSC has: This Agreement is in all respects governed by the laws of the State, the United States, which apply without reference to conflict of laws rules that might otherwise apply to other laws. The United Nations Agreement on Contracts for the International Sale of Goods shall not apply to purchases or transactions carried out in accordance with this Agreement. The court having jurisdiction over all actions brought against each other by the Parties to this Agreement in respect of or as a result of this Agreement shall be appropriate only in the case of a [State] State Court or the United States District Court for the District of [State]. The distributor thus submits to the exclusive jurisdiction of these courts and accepts the service of the lawsuit by sending a confirmed fax or by commercial mail (with written confirmation of receipt to the sender). The guarantee is usually contractually granted to the buyer by express provisions of the contract and the amount of the guarantee is also provided.
However, the Sale of Goods Act 1930 levies a tax in which the sale of a product is subject to certain implicit conditions with regard to the quality of the goods. . . .