Terms and Conditions GR (Business Customers)

February 2005

1. Performance and supply

M.K. sells computers and the associated peripherals and accessories and exchanges the relevant parts. M.K. also performs operations on these devices, in particular servicing. If components are to be exchanged, the parts will be exchanged as soon as possible. If parts are in stock, they will be exchanged immediately. Repairs will only be made if the defective part is in a reparable condition and has not been damaged through outside interference or attempted repairs by third parties. If exchange parts are delivered before the part to be exchanged has been received (advance delivery), M.K. will have the right to charge the exchanged part at its new price if the part received is not fit for repair. Exchange parts must be returned within 5 working days. The guarantee period on purchase of the goods is 6 months.

In the event of deficient performance, goods will be exchanged under warranty if the written complaint is received by M.K. within 5 working days. This date will be determined by the date of purchase from M.K.

A cost estimate will be produced prior to repair if expressly requested. A charge will be made for this cost estimate. The costs for this estimate are:

 - floppy disks, PSUs and hard disks EUR 25.00

- notebooks, system boards, PCs and printers EUR 50

These costs will be refunded if a repair order is given.

2. Charges and payment terms

M.K. will in each case charge the prices shown on the relevant valid price list of M.K. plus value-added tax as applicable. The relevant valid price list will be sent to the customer in advance on request. In the case of new parts, M.K. will always charge the respective applicable market price. These market prices will be notified on request. Exchange prices will be agreed in advance in writing in each case.

The above price is exclusive of any postage and packing costs that may arise in the individual case and any taxes and duties owed or to be paid by M.K. M.K. will further be entitled to charge a handling fee of EUR 15.00 if the value of the goods is less than EUR 25.00.

The risk of accidental loss or damage will pass to the customer upon delivery of the consignment to the post office or carrier or delivery firm.

All goods will remain the property of M.K. until such time as the underlying claim and all other claims of M.K. against the relevant customer have been settled in full. Goods are subject to an extended retention of title.

M.K. will in respect of all claims against the particular customer have a lien on all devices and components (floppy disks, hard disks, power supply units, system boards, printers etc.) of the particular customer that are sent to M.K. by the customer.

At the request of the customer, M.K. will at its option surrender items to the customer when the market value of the customer's items held by M.K. exceeds the claims of M.K. against the customer. Claims of M.K. will be due for payment without deduction immediately and no later than 10 days after the invoice date.

Because of the large number of incorrect orders, M.K. will only take back sold or exchanged parts and goods if they are returned in the original packaging, with undamaged seal, and only against payment of the sum of 30 % of the final gross invoice amount. The sum will be due upon return. Custom orders will not be taken back.

3. Liability

M.K.'s liability will be limited to losses caused through the intent or gross negligence of M.K. or a vicarious agent of M.K. M.K. will further not be liable for loss of profit suffered by the customer.

To be completed by M.K.

To be completed by M.K.

Customer number : 

Administrator : 

Credit limit : ___

Payment method : 

Date : 

Cannot be processed unless completed in full. Please send extract from trade register or trade registration.

4. Warranty

Despite the utmost care and examination, it is impossible to rule out the possibility of defects. If a defect is found, M.K. will rectify it under warranty in accordance with the following provisions. M.K. will in each case be given the opportunity to improve defective parts if such improvement is reasonable for the customer. Otherwise statutory provisions apply. The customer must inspect delivered parts immediately for possible defects. Any defects found must be reported to M.K. immediately. If the customer is a full merchant, defects and deviations in quantity must be notified at once. Warranty for the purchase of Epson spare parts: The installation of spare parts requires specialist knowledge, expertise and tools! Once they have been installed, defects in spare parts are usually the result of faulty assembly or interference from other faulty device components. For this reason

no warranty is given for Epson spare parts.

5. Postage and packing

If incoming repair orders (specifically monitors, complete computers, printers, laptops and notebooks) are poorly packed, M.K. will be entitled to produce reusable protective packaging and to charge this to the customer on a pro rata basis in order to prevent any damage in transit. Damage in transit must be reported within 2 days of receipt of the goods by the customer.

6. Exchange scheme

Where exchange parts are bought, we must receive the exchanged old part within 5 working days, otherwise the difference for the new part will be charged. Parts must only be returned in their original packaging and must be returned free domicile.

7. German law

The legal relationship between M.K. and the customer will be governed by German law to the exclusion of the ULIS or any regulations that may replace it.

8. Jurisdiction

If the customer is a full merchant and there is no exclusive place of jurisdiction, the place of jurisdiction for disputes with a value in dispute of up to and including EUR 5,000.00 will be Geislingen District Court and for disputes with a value in dispute exceeding EUR 5,000.00 Ulm Regional Court.

9. Execution

New customers will be supplied solely cash on delivery. Orders must be issued in writing.

(M.K.) TURNOVER TAX ID: DE 146 758 435