Preface

The quotation of prices and terms of contract, which have been made from E.T. Technologies Deutschland GmbH (subsequent E.T. Technologies named) to be effected exclusive to due of the following terms and conditions.
Any kind of changes of these terms and conditions required an agreement in written form from E.T. Technologies. The company E.T. Technologies reserve the right to accept or refuse contracts. The placing of order in connection with a quotation of prices, which have been made from E.T. Technologies, is for E.T. Technologies binding first, if an agreement in written form is available.

Delivery Items

Information’s and offers in regard to description of products and devices sales from E.T. Technologies are subject to change; if not formally an assurance in written form is available.
With regard to the always technical future trend and improvement of products, E.T. Technologies reserve the right to change the construction and as a result of possible changes compared in different brochures made information’s, if through this the functionality is not affected. This is essential too, for changes which serve the preservation of ability to deliver.

Price

E.T. Technologies is authorized, the price from day of delivery plus value-added tax to invoice. Our prices are quoted plus postage and packing, if no other agreement exists. The purchaser is unauthorized arbitrary to do deductions from the prices. An assertion of retention of goods because of from E.T. Technologies not approved or not valid established counterclaim or a charging is impossible.

Guarantee

The company E.T. Technologies warranted for 24 months from date of delivery, that the delivery items are free of failures, at the current state of the art.
The guarantee is excluded of following circumstances:
Normally wasting
Wear parts
Incorrect usage
No observance of application manual
Burning, lightning, excess voltage
All kind of clamminess
Handling with wrong kind of voltage
Repairing by not authorized persons
Incompatible operating system or other incompatible software

Should E.T. Technologies accept repair transmittal after the expiration of guarantee, has the purchaser no right compared to E.T. Technologies to decrease, annulment or compensatio

n delivery. In this case send up E.T. Technologies the defect item for the purchaser to her supplier, if a longer supplier guarantee exists.

Defects which are apparent are directly but 3 business days after receipt of delivery noticed in written form. Otherwise the warranty claims are excluded. In trading commerce apply §§377, 387 HGB supplemental.
Reconsignments are only in employment of a RMA service number which was given by the service bureau of E.T. Technologies possible. At this always free reconsignment is a copy of invoice and a precise description of fault enclosing. Is there a separate service from the manufacturer, so must be send the reconsignments directly at the manufacturer. E.T. Technologies reserve to send the reconsignments back to the purchaser, if they are unauthorized, unfree, without copy of invoice or other missing documents, plus a handling allowance according our service pricelist.

As so far a from us a passable absence at the delivery item is available, is E.T. Technologies at her choices to remedy of defects or replacement in terms of §439 BGB authorized. Further justice particularly the right of annulment of the contract, could only after an adequate period to supplementary performance or to remedy or if this failure for two times get effective.

After a period of 12 months from date of delivery, constrict the warranty claim for remedy of defects or a credit current market value, of choices from E.T. Technologies.

The purchaser is beholden before the delivery item returns, to make a data backup of his required data. E.T. Technologies absorb no accountability for lost data, which are on the data medium at moment if the delivery item returns.

By changes of particles, devices or items encore no more or new guarantee claims. The non-lined or displaced items are fading to property of E.T. Technologies.

In Cases in which – for our purchasers too – no consumer goods deal within the supply chain is available apply the directive §§474-479 no appliance. Should the purchaser the goods retail in line with a consumer goods deal, so can the alternate of developed expenses, in terms of §478 German civil code, only desired if for the appearance expenses a confirmation is available. An alternate for such expenses will be till max. 2% of the net value of goods allowed.

Further or other claims, which to based on §478 German civil code, are fraught with an agreed warranty of 24 months as equivalent adjustment (apply the directive §478 IV S1 of German civil code) (numeral from these general terms and conditions). As far as nothing other agreed, are further pretensions from the purchaser excluded, whatever the legal ground is.

E.T. Technologies guaranteed not for damage which are not developed directly in delivery item, particularly not for loss of profit or miscellaneous ability average from purchaser.

Preceding accountability release does not apply if the damage based on intent, gross carelessness, absence of a guaranteed quality, injury of important responsibilities of contract, failure to meet an obligation, impossibility, or claim which depended on §§1.4 from product liability law available.

For recovery of data E.T. Technologies takes no responsibility, if they had the data loss not gross careless or deliberate created and the purchaser secured that he had secured his data, so that the data with a passable expense could be restored.

Special damage could be in all cases, also by failure of amendment or additional delivery, to be claimed to E.T Technologies, if her could gross carelessness or intention may be evidenced, or if guaranteed quality missed.

As far the accountability for E.T. Technologies is excluded, so obtained it for the personal liability of her employees, assistants, factors, servants and assignees, too.

Additional to the named terms obtained in all cases the current, to be available with each delivery, enclosed service and return terms of E.T. Technologies.

Payment

If nothing else on the bill denoted, the bills of E.T. Technologies are immediately falling due and net without deductions payable. (Cash in advanced). A payment is first applied happened if E.T. Technologies could decree about the invoice amount.

In cases of default of payment is E.T. Technologies authorized to calculate interest for default in tune of 3% above the discount rate of German central bank. The assertion of a further damage caused by delay kept reserve.

Bills or checks are only accept and received after agreement and on account of performance, and count only first after their encashment as payment.

Discount charges and charges of collection of checks are debited to the customer.

For the timely guideline take E.T. Technologies no liability.

In Case of delay with more then one liability are the total allowances falling due immediately.

Act of God

E.T. Technologies could not be responsible if the default if fails of liability from the contract is a effect of directly or indirectly of a happening outside from sphere of influence from E.T. Technologies is. That comprised: any kind of act of god, refusing, constriction, abandonment or redemption of license, acceptance or other activity on part of responsible agency, fire, explosion, deluge, machine failure, walkout, lockout, shortage of material, war, rebellion, energy or transport options, or other rate arguments.

Reservation of proprietary rights and transfer of perils.

The goods which are delivered by E.T. Technologies are kept in property of E.T. Technologies, till all her current claims toward the purchaser, as soon as future, as they far connected with the delivery items are fraught.

By contrary to contract cautious of purchaser, particularly by default of payment, is E.T. Technologies authorized to reclaim the delivery items. By redemption of delivery item through E.T. Technologies its not a demission of contract, if this not approved by E.T. Technologies. By attachment of delivery item through E.T. Technologies be incumbent always a demission of contract.

E.T. Technologies is authorized by redemption of delivery item, this item to dispose. The proceeds of sale would be allowed to the liabilities of purchaser, less adequate costs of dispose.

The purchaser is authorized, goods which are in property of E.T. Technologies (goods subject to return of title), to sell them in the regular course of business. He transferred already yet all allowance of these transaction in fact indifferent if these goods subject to return of title, was seller without or after editing or chained with moving things, so obtained the allowance from the purchaser adverse his consumer amounting to the agreed deliver price between purchaser and E.T. Technologies as assigned. The purchaser is authorized to comprise this allowance after assignment. The authority of E.T. Technologies to comprise the allowance keeps unaffected, but just insofar, if the purchaser his obligations to pay not meet.

If the purchaser to used collection of dept so owned E.T. Technologies the collected sales revenue amounting to the agreed deliver price between purchaser and E.T. Technologies for the goods to return of title.

The manufacture or alteration of the goods to return of title happens for E.T. Technologies as manufacturer according as §950 German Civil Code, without to obligate E.T. Technologies.

If the goods which are property of E.T. Technologies handled with other things, so get E.T. Technologies the joint ownership at the new thing in relation to current market value of goods subject to return of title to the account of the other things at the moment of manufacture.

The purchaser is keeping the new things with care and attention freebie. E.T. Technologies obligated to free the insurance which owned to her by order, as her value of the ensure allowance, insofar they has not yet been settled, as more as 20% exceed.

The risk is going to the purchaser by delivery of contract product to carrier, his agent or other persons who are named by E.T. Technologies.

Insofar the delivery delaying or to be impossible without fault by E.T. Technologies, the risk is going with notice to deliver to the purchaser. These terms are affected too, by reconsignment, remedy of defects, additional delivery, and as the case may be valuable service at purchaser.

The risk is going to purchaser, when the goods had left the stock of E.T. Technologies. This applied independent which side takes the cost of carriage.

Export License

The purchaser knows that there could be restrictions in view to the delivery items, particularly an office acceptance. If the purchaser aimed, the delivery items form the land where he had his residence or in another country where he want to deliver per E.T. Technologies to export, so must the purchaser noticed E.T. Technologies about this. After receipt of this notice, E.T. Technologies will tell the purchaser about possible export restrictions and about an attainment to get an export acceptance. Further or other claim opposite E.T. Technologies not exist.

Quantity Discount

Insofar the price list or the offer from E.T. Technologies provide a price reduction by descent of a specified amount, the purchaser perform the premise just then he agreed an obligation ago, whereby the delivery of the specified amount during a period of not more 12 months to be carried out. If the purchaser the delivery of specified amount not calls up or avoid through delay of payment, he must pay the price of the real delivered amount. In this case E.T. Technologies is authorized to be made an additional charge for the already delivered items, which are promptly paid through the purchaser.

Delivery

All general terms and dates of delivery happened under condition if E.T. Technologies can obtain the needed workforce and needed material in time. Will E.T. Technologies detained by act of god to keep the date of delivery, so agreed the purchaser an adequate extension.

The purchaser is by the way because of default of delivery, only then to demission from contract, if he gives E.T. Technologies an adequate extension in written form, after process of delivery time. Compensation for damage is excluded in all cases.

If not else agreed, is E.T. Technologies authorized to take part-deliveries, whereas the present terms of all kind of such part-deliveries to applied. The delay or non-performance of part-deliveries authorized not the purchaser to deny the descent of the rest of part-deliveries.

If by request of purchaser a delivery will be changed, is E.T. Technologies authorized to invoice the thereby originated costs or change the price.

Cancellation or retraction

Cancellation or retraction is effected only by demonstrably wrong delivery. A from E.T. Technologies accepted change of delivery item in written form, will be basically charged with 10% from value of goods of handling fee. A change or retraction by opened or damaged original packaging is excluded.

Because of legal licensing reason is a change or retraction of all kind of software basically not possible.

Trade Terms

The detonation of used Trade Terms of parties aligned to the edited terms of international board of trade Inco terms 1953.

Breach of contract and insolvency of purchaser
Irrespective of other pretensions or rights could terminate E.T. Technologies without notice contractual relationship, if the purchaser his payment obligation not fulfil due in time, or another essential contractual obligation violate, his business operation appear or the opening of insolvency or insolvency proceeding applied, further if the insolvency or insolvency proceeding upon request by third party opened.

Disclaimer

Disclaims of E.T. Technologies of assertion of one exist terms or rights means no disclaim of future assertions and go not to invalidity of adequate articles of agreement.

Notice of E.T. Technologies

E.T. Technologies will all notice send to her purchaser at whose domicile or to the last named address. Written notice, Email, telex or telegraphic notice is affected by posting or by transfer to post.

Ban of assignments

The purchaser is not authorized to transfer, claims of contracts with E.T. Technologies, whole or in part to third.

Legal venue

The contract of both parties is liable to German Law. In case of cause had the German version of general terms and conditions priority, to obviate translation mistakes or communication difficulties. Legal venue is Mettmann.

Director of company:

Mr. Tai Wan
Local court: Wuppertal HRB 14612
Trade ID-Nr. DE 813874097