Terms of Sale, Delivery and Payment

of PKI ELECTRONIC INTELLIGENCE GmbH – hereinafter called PKI –

1) Purview

These conditions are valid for all PKI sales, deliveries, services and offers. Placing orders with PKI means acceptance of this. These terms will even be valid for coming bills of sale and commercial contacts if they are not mentioned explicitly. Differences, in particular the purchaser’s own terms of trade and verbal agreements, are only valid if PKI expressly agree to them in writing.

2) Product Information

Although any product information was current at the time this document was approved for printing, PKI reserves the right to change specifications, designs and models without notice. PKI does not assume any responsibility or liability for typographical errors which may appear herein and such errors are subject to correction. Technical data are subject to change without prior notice.

3) Quotations and Acceptance of Orders

PKI’s quotations are non-binding and we reserve the right to reject any order in whole or in part. In particular, quotations are subject to the goods still being available and to their not having been previously sold. Also PKI reserves the right to make price adjustments, unless PKI has expressly designated the quotation in writing as binding. All orders received are subject to final accep-tance by PKI and agreements made verbally, by telephone, or through our representative are only valid if PKI has confirmed them in writing and only in accordance with the terms set forth herein.

4) Specification and Application of Goods

Illustrations, details of size, weight and technical specifications generally are only approximate. Samples are not binding and are only representative of the type, unless PKI has expressly guaranteed certain properties in writing. PKI does not guarantee the suitability of equipment for the purchaser’s intended application. PKI also excludes liability to the purchaser as well as to third parties.

5) Delivery

Purchaser’s requested delivery schedule will be met by PKI to the best of its ability. Delivery dates are quoted to the best of PKI’s knowledge based on the period of time likely to be required for delivery, but are only binding if this expressly is stated in writing. Partial deliveries are always allowed and count as individual transactions.

6) Prices

All prices indicuted are „ex works“ and do not include packing, freight and insurance charges for equipment shipped overseas. The purchaser is responsible for any further transportation method. Additional charges relatinq to freight, insurance, handling, documentation, stamp duties, import duties or tariffs have to be born by the purchaser. In any case, where PKI supplies their goods, the INCO-terms – as per latest edition – shall be considered as being the basis of delivery.

7) Payment

PKI only supplies goods to firms abroad against an irrevocable letter of credit issued by customer’s bank and being confirmed by a first-class German bank, or on 100% prepaid cash-in-advance payment into PKI’s named bank-account. In every case payment is to be made in EURO-currency.

8) Guarantee

PKI only warrants for new products that are limited in use because of wrong material or insufficient workmanship within a period of 12 months from date of shipment. Identifiable defects have to be indicated in written form and within two weeks from date of shipment. Not identifiable defects have to be indicated in written form at detection, within than the warranty period of 12 months starting from date of shipment.

9) Legal Statute and Place of Jurisdiction

All cases of disagreement arising from PKI’s transactions with customers are exclusively subject to the law of the Federal Republic of Germany. In all cases of dispute with customers local jurisdiction solely lies with the Hamburg Courts but PKI is also entitled to take legal action at the place of the orderer.

10) Copyright

PKI reserve all rights of copyright, publication or reproduction of any part of this catalogue whatsoever. No part of this catalogue may be copied or reproduced in any form without prior consent from PKI ELECTRONIC INTELLIGENCE GmbH. Failure to comply with these restrictions will result in legal proceedings.