PRE-ORDER TERMS & CONDITIONS
1. Agreement structure
1.1 These terms and conditions of sale shall apply to all sales and deliveries of products (the “Products”) from EHS website: ehsminer.com (EHS: “Ethical Hacking Service”) to the purchaser (the “Purchaser”). The terms and conditions of sale together with the order and the order confirmation (if any) are jointly referred to as the “Agreement”. Any conditions contrary to the content of these conditions, e.g. purchase terms or other terms attached to or referred to in the Purchaser’s order, shall only be applicable if such conditions have been approved in writing by an authorized signatory of EHS.
1.2 The Products are sold for business use only and Purchaser hereby accepts that it has purchased the Products in order to conduct a business.
2. Order and Order Confirmation
2.1 Upon EHS’s receipt of the Purchaser’s order, the order will be confirmed in accordance with EHS’s procedures from time to time. The Purchaser acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Purchaser may always request a written order confirmation by contacting EHS’s customer service.
3.1 The Products are sold at the prices prevailing on the day of order according to the EHS price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Purchaser is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
4. Fees and Payment Terms
4.1 Payment shall be made in advance upon order by credit card, PayPal or Bitcoin via Bitpay or bank transfer or any other manner facilitated by EHS from time to time. Full payment is a condition for EHS to accept an order. If payment is not received within the time that is customary for the used manner of payment, EHS is entitled (i) until further notice to suspend delivery of outstanding orders from the Purchaser until EHS receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt, EHS is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and EHS may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1 Returns are only accepted upon the prior approval of EHS. In the event of a return, EHS is entitled to make deductions due to any deficiencies. EHS is entitled to request and require the Purchaser to grant EHS opportunity to conduct inspection of the Products prior to accepting a return. Any return cost will be charged to the Purchaser, unless the return has been subject to the prior approval of EHS. Purchaser should contact EHS by email or phone before returning the item.
6. Limited Warranty
6.1 EHS warrants that the Products, will perform according to the at all times published specification for a period of three (3) months from delivery from EHS provided that the Products have been used in accordance with the at all times published instructions and requirements issued by EHS, including but not limited to prescribed operating environment for the Products. Products are for indoor use only. Liability for defects shall not cover defects due to circumstances arising after the risk for the Products has passed to the Purchaser such as, however not limited to, defects due to normal wear and tear or deterioration. EHS warrants that the Products are delivered free of pledges or any other encumbrance not known by the Purchaser. Any warranty obligations for EHS requires a written complaint by the Purchaser within reasonable time, no later than ten (10) days from when the Purchaser became aware, or should have been aware, of the relevant defect or fault. EHS is not liable for any defect or fault caused by the Purchaser or a third party or that is caused by, including but not limited to, improper use, handling or excessive use of the Products. Further, EHS is not responsible for defects caused as a result of the Purchaser or a third party has failed to comply with the instructions given by EHS. The content of this limited warranty shall replace all other written or non-written, explicit or implied warranties.
6.2 Notwithstanding the foregoing, any Products being damaged during transport or delivered in a defective state must be refused by the Purchaser by written complaint to EHS within eight (8) days of delivery.
7. Limitation of Liability
7.1 EHS’s liability under the Agreement is limited to the abovementioned limited warranty. As an exclusive remedy for any covered warranty claim, EHS may choose to (i) re-deliver new products, (ii) repair the defected Product or (iii) offer cash refund. Such new delivery, repair or refund is conditioned upon the Purchaser’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions. Should the Purchaser fail to make such complaint within the prescribed time, the Purchaser waives all claims hereunder in relation to the Products. If requested by EHS, all Products which deviate from the warranty shall be returned to EHS. EHS is responsible for arranging such returns. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
7.2 EHS’s liability under the Agreement is, irrespective of the type, reason and scope of the defect, deficiency or damage, limited to the value of the individual Product that gave rise to liability. EHS is under no circumstances liable for damage caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
7.3 EHS is not liable for any indirect, consequential or special damages or loss of any kind, such as, but not limited to, loss of production, loss of profits and loss of business. EHS is not liable for compensation for loss or damage due to the Purchaser’s obligation to pay compensation to a third party.
8. Delivery Terms
8.1 The Products are delivered EXW (Incoterms 2010) to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on EHS. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
8.2 Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with 11 below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances. The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.
8.3 If the delivery is prevented due to the Purchaser’s negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging, the Purchaser is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
8.4 Delivery on call
The Purchaser recognizes that the Product is not Purchaser specific but is a generic product. The Purchaser is thus not entitled to any specific produced item. Upon Purchaser’s written request the manufacturing, sale and delivery of the product can be postponed to a date to be agreed between Purchaser and EHS - a delivery-on-call.
In case EHS and Purchaser have agreed on a delivery-on-call, Purchaser may request and EHS shall provide, or arrange to be provided by a third party, a hosting service according to which EHS, or the third party as the case may be, shall provide Purchaser of an electronic service in the form of Altcoins mining for the sole benefit of the Purchaser.
Purchaser recognizes and accepts that under a delivery-on-call and hosting agreement Purchaser has not received title to any Product nor will any Product be manufactured until Purchaser has given notice to EHS to manufacture and deliver a Product, and consequently that the hosting agreement is an agreement of an electronic service only and not an agreement to sell a Product.
9.1 EHS reserves the right to terminate and rescind an approved order, or the entire Agreement, immediately in the event the Purchaser breaches the Agreement and fails to rectify such breach within thirty (30) calendar days from EHS’s written notification to the Purchaser of the breach. Such notice shall not affect EHS’s right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, EHS reserves the right to immediately terminate and rescind an approved order, or the entire Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed as insolvent.
9.2 Termination and rescission under this section shall not under any circumstances give rise to any obligation for EHS to pay compensation to the Purchaser, and does not restrict EHS’s possibility to claim damages or other economic compensation due to the event which justified EHS to terminate the order or the Agreement.
10. Intellectual Property
10.1 EHS disclaims any and all written or verbal, explicit or implied warranties on intellectual property infringements with respect to the use of the Products. All logotypes, trademarks or product names set out on the Products and any design of the Products constitutes EHS’s protected intellectual property. Use, reproduction or representation (in whole or in part) of these logotypes, trademarks, product names or the Products themselves regardless of in what form it occurs, is prohibited unless such use is approved in writing in advance by EHS. The Purchaser undertakes not to remove or alter EHS’s labeling of the Products.
11. Force Majeure
11.1 EHS is exempted from fulfilling its obligations under this Agreement and is entitled to cancel the Purchaser’s confirmed orders without any liability, in the event of force majeure such as strikes, floods and fires, wars, riots, interruptions in transport, shortage of material or energy sources affecting EHS or its sub-suppliers, accidents or other occurrences which affects sub-suppliers’ production, bankruptcy or compulsory liquidation of a sub-supplier, accidents of any kind, governmental decisions which affects manufacturing or use of the Products and, in general, such events that were unforeseen at the time of the order which prevents or hinder manufacturing, transportation or delivery of the Products to the Purchaser.
12. Personal Data
12.1 Personal data provided to EHS within the framework of an order for Products will be recorded and processed by EHS and may also be transferred to the third party providers (such as hosting providers or payment processing providers) inside or outside the European Union for the execution of the order for Products. The Purchaser hereby consents to such processing of personal data. EHS processes personal data in accordance with the French Data Protection Act (Law 78-17 of 6 January 1978 as amended) for the purpose of prepare and administer orders and to fulfill EHS’s obligations under the Agreement. EHS may also use your personal data for the purpose of developing and managing its services as well as for market- and customer analyses. EHS is the personal data controller for the personal data that EHS process. EHS shall take appropriate technical and organizational measures to protect the Purchasers personal data. The Purchaser may at any time contact EHS to receive more information about EHS’s processing of your personal data and to correct any inaccurate personal information.
13.1 Amendments, Assignments etc.
13.1.1 Any written or oral undertakings and commitments made prior to the Agreement are replaced by the content in these general terms and conditions of sale. The Purchaser may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part, without the prior written consent of EHS.
13.1.2 EHS may amend this Agreement in whole or in part. The amended Agreement will apply to all orders submitted subsequent to publishing.
13.2 Applicable law and dispute resolution
13.2 1 This Agreement shall be interpreted and applied in accordance with French law, without regard to any conflict of law. Any disputes are to be settled by Commercial Court of Paris in France.
13.3.1 The Purchaser undertakes not to reveal information which the Purchaser receives from EHS and which are EHS trade secrets or otherwise of such nature that it may be considered as confidential information to any third party. This undertaking shall apply during the term of the agreement and thereafter. The Purchaser further undertakes to take necessary measures to prevent confidential information from being disclosed to third parties by the Purchaser’s employees or contractors.