1. General

All deliveries, services and offers made by the TOP TEN Computervertrieb GmbH (to be called TOP TEN hereinafter) only take place on the basis of the general trading conditions. Therefore, the general trading conditions also apply to all future business transactions even if not re-agreed upon again explicitly.

Upon the receipt of the good or service at the latest, these conditions are seen as mutually agreed to. General trading conditions of the customer, which are contradictory to these general trading conditions, are not binding for TOP TEN even if an order has been based upon them and TOP TEN has not explicitly objected to their content.

The nullity of individual terms does not affect the properties of the remainder of the general trading conditions.

Deviations from the general trading conditions are only applicable if they have been confirmed in writing by TOP TEN.

2. Services

By sending or respectively handing in IT devices, the customer mandates TOP TEN to put the device into a fully operational condition according to the manufacturer’s specifications at the time the device was sold.

Top Ten’s lump sum repair charge includes the repair (working hours, spare parts, cleaning), operating tests and warranty.

The customer is not entitled to virgin spare parts or respectively components. Exchanged parts become property of TOP TEN.

As far as necessary, or as the case may be wished for by the customer, a new firmware is installed by TOP TEN on the device to be repaired.

Claims for lump sump repair charges are not applicable if the defect was caused through fire, extraneous cause (including transport damages), external intervention or overvoltage. For these cases an estimate will be created.

3. Estimates

TOP TEN creates an estimate in the case that the customer so desires or that no lump sum charge has been determined for the repair of that device.

In case a repair order is not given to TOP TEN, the device is send back to the customer for which he has to assume the risk as well as the charges. The customer cannot claim that the device is to be put back into original condition on grounds of the necessary contact TOP TEN has to have with the device during the creation of the estimate.

4. Prices

The repair is effectuated to the lump sum and special offer charges valid on the day of delivery, in addition to the compulsory value added tax. The price list is available to every customer at www.top10ten.com.

Prices are exlusive wrapping from Gräfelfing, Germany. Freight, transportation charges and possible customs duties are expenses to the customer.

5. Conditions of Payment

Bills are to be paid net immediately without deductions, unless agreed upon differently. Prepayments or cash on delivery might be applicable for first time customers.

If the time allowed for payment is exceeded, the customer is in default without warning. TOP TEN is entiteled to charge interest for late payments and withhold services until payment in full. The interest for late payments is to be determined after §288 Abs.2 BGB.

As long as a customer is in delay with his payment obligations to TOP TEN, the later is not obligated to any warranty services. Even though TOP TEN might abstain from using these rights in individual cases, it does not subrogate its rights.

6. Shipping and passing of risk

The customer carries the risks and charges (loss, damages, etc.) associated with the shipment to TOP TEN. The costs for the return shipment from TOP TEN to the address specified by the customer are assumed by the customer, as well as the transportation risks.

Devices which are shipped through transport service companies (UPS, Deutsche Post, etc.) are insured based upon their guidelines. Continuing insurance protection for the return shipment of the devices can be provided for by TOP TEN after a written request by the customer. The charges are passed on to the customer.

In order to avoid transportation damages TOP TEN is authorized to replace damaged or unusable wrappings through new packaging and invoice the customer for the additional charges.

The customer is obligated to check the goods directly upon receipt and contact the carrier in written form in case of tranportation damages.

7.Repair time/ Turn around time

The specifications on turn around times are understood as terms of reference and are therefore not binding. Failure to comply with the turn around times does not entitle the customer to cancel the contract nor to cash compensations.

If a delivery cannot be made on grounds of industrial conflict, transportation delay or other causes which are not represented by TOP TEN after general legislative principals (force majeure), TOP TEN is allowed to extent the time for delivery by the duration of the obstruction plus an appropriate start-up time. Damage claims against TOP TEN are not possible / barred.

8. Warramty

TOP TEN provides warranties for the repaired devices. Details about the length of the warranties are included in the price lists and billing documents.

The claim for warranty expires if the TOP TEN’s repair-seal is broken, external intervention or respectively damages caused through improper handling, fire or extraneous cause. TOP TEN gives no warranty in case improper data carriers are used.

9. Liability

Damage claims from the customer due to negligence at the conclusion of a contract, breaching of accessory obligations, from tortious acts or any other basis for claims are barred, as long as TOP TEN or its contracting parties are not guilty of gross negligence or premeditation. The before mentioned claims are barred by the statue of limitation half a year after receipt of the goods by the purchaser. TOP TEN’s liability is restricted to half the invoiced amount in question.

10. Place of delivery and area of jurisdiciton

Place of delivery is our business location. As factual and locally responsible court of law the Landgericht München II (District court Munich II) is stipulated.

11. Final Clause

TOP TEN desires to resolve differences with customers amicably and in mutual consent. The foregoing of cash compensations or enforcement of terms or rights at hand does not imply a future foregoing of such cash compensations and does not lead to the nullity of the respective articles of agreement.

11/2005