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elby CloneDVD™ 2
FUN Free Software
ELBY Press / Reseller
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General Terms and Conditions
 General Terms and Conditions
General

The following general terms and conditions of trade are exclusive content of a contract concluded with Elaborate Bytes AG, hereafter called EB, without necessarily being forced to protest against contrary terms and conditions. Other terms and conditions, changes of the terms and conditions or additional agreements will only become part of the contract subject to EB's written agreement.

The following conditions as to place of performance, place of jurisdiction, offer, orders and conclusion of contract, delivery, execution, default and damages as well as maturity, terms of payment, offset and balancing are valid for all contracts mentioned under paragraph "Terms of Sale" as long as there are no explicit provisions to the contrary.

Place of Performance and Jurisdiction
Any disputes arising hereunder shall be settled before a competent court in Cham, Switzerland. Place of performance for contractual liabilities owed to EB is Cham, Switzerland.

Offer, Order, Conclusion of Contract
The offers of EB are without obligation and subject to alteration without notice. The contract is being concluded by means of the confirmation or execution of the order. In case of a withdrawal from the order EB is entitled to charge 10% of the order value as well as the costs which have arisen up to the date of the withdrawal from the order.

Delivery, Execution, Default, Damages
Dates of delivery and execution are generally without obligation. EB can only be held responsible when delivery and execution deadlines have priority and exclusively been fixed in writing. In case of default or when it is impossible to render the service the claim for compensation of consequential damages is being excluded - always subject to the corresponding legal provisions. EB is entitled to withdraw from the contract in case of delivery problems caused by third parties without giving rise to liability for damages.

Maturity, Terms of Payment, Balancing
Invoices issued by EB become due immediately upon receipt. The invoiced amounts are to be paid immediately upon receipt of invoice in one installment. Special terms of payment arranged for by EB in the invoice have to be treated with priority. If the customers does not manage to fulfill his due liabilities the total outstanding amount becomes due for payment. After having let passed an adequate period of time for settlement EB is entitled to withdraw from the contract or to claim damages for default. EB's claim will in case of default have to be paid with an additional 4% interest on top of the respective discount rate of the Swiss Federal Bank. The right to furnish evidence of a higher interest rate is being preserved. It is only possible to counterbalance claims of EB with liabilities owed by EB when these liabilities have been legally evidenced or are subject to EB'S prior consent in writing. The right of detention because of a counter - claim is hereby ruled out - always subject to the respective legal provisions.

Terms of Sale

Reservation of Titles (Proprietary Rights)
All sold articles remain property of EB until all claims arising from the contract have been settled. Claims arising from the further sale of articles delivered by EB are hereunder assigned to EB for the total of the outstanding amount owed to EB inclusive of all subsidiary rights. The customer is to give immediate information to EB when third parties take advantage of the articles delivered by EB.

Delivery, Collection, Dispatch
As far as the delivery of parts has been agreed in advance it will be effected subject to the individually stated conditions. The risks of delivery, collection and dispatch are to be borne by the customer. The risks of the goods will be taken over by the customer upon collection or taking over through the carrier. The same regulation also applies when employees of EB effect the delivery of the goods.

Acceptance and Non-Acceptance
Should the ordered goods not be taken over in time EB is entitled to withdraw from the contract or to claim for damages for default after having let passed an adequate period of time. EB is entitled to claim for a 10% share of the agreed price without accountability. EB retains the right to claim for a higher damage.

Warranty
The performance guarantee covers 6 months from the date of delivery. Electronic components on a semiconductor basis are in this aspect subject to the terms and conditions as specified under paragraph "Terms of Sale". EB takes over the warranty for software only as far as it is basically operating according to the program description. A further guarantee for software is generally ruled out. Apparent defects have to be advised within 5 days upon delivery of the goods. After this period of time EB will not take over any further liabilities. EB is entitled to solve the apparent defects either by repair or by compensation delivery. Alteration (withdrawal from the contract) or voidance (decrease of the agreed price) can only be enforced when repair or compensation delivery have failed. The customer is obliged to enable EB to do repair work or effect compensation deliveries by placing the claimed goods to EB's disposal for investigation. Costs which might arise for the customer through repair and mending can only be taken over by EB upon EB'S prior consent. The customer is obliged to give advice of the possible occurrence of especially high amounts. Defaults which are apparently due to wrong treatment of the goods through the customer, operation not in correspondence with the hitherto operation regulations, force majeure (e.g. thunder bolts) or wear due to overload of the mechanical parts are not covered by warranty. EB is entitled to rise an invoice for their expense in case it is found out during the repair work that the default is not to be covered by warranty. Warranty rights lapse if third parties do repair work on the warranted object without prior approval of EB. All other claims of the customer inclusive of consequential damage (i.e. loss of data) and defaults arising from the execution of the repair work or from compensation deliveries are ruled out as far as the law does not show any provisions to the contrary. EB cannot be held liable, except given proof for premeditation or negligence.

For electronical parts or parts on a semiconductor basis (e.g. micro processors, diodes, transistors) which are not integrated into the wiring diagram (single parts) EB does not take over warranty. As far as the manufacturer of such parts takes over warranty in exceptional cases, these remain unchanged.

Salvatory Clause

If one ore more articles of the above general terms of conditions become invalid this does not affect the validity of the other articles.

© Elaborate Bytes AG, Cham, Switzerland