 |
Jurgen Toischer
engineering
consulting
|
 |
| 1986-2007 |
General
Conditions
|
All
rights reserved
|
This general conditions will
remain valid as default, as far not replaced by mutual agreements in writing,
for all products or Jtec services
or jTi details delivered. It's acceptance is fully expected if not replied
within
30 days after receipt by mail.
Any changes have to be confirmed and valid contracted handsigned in effect.
All offers remain without obligations
as long prepayment isn`t fully transferred or as individual is confirmed
from Jtec or from jTi valid
detailed in writing. Delivery schedules will be valid only if prepayments
according
to the offer have all been
received in time as detailed. Jtec and jTi reserve all it's rights
to alter the delivery
schedules in case of extraordinary
events like strikes, accidents or sickness appropriate, and are allowed
to
cancel contracts not conform
with initial offers with the refund of such prepayments as far as no "penalty
just-in-case of non-fulfillment"
is explicitly been confirmed in writing. Sensitive or evtl.nonLegal components
can be exempted from delivery
without rendering other contractual obligations invalid. Special conditions
or
any handling of hazardous
materials, a contaminated environment or unusual operational details have
to be
fully disclosed specified
in writing prior to the offer, otherwise all such contract duties and warranty
can be
exempted from delivery even
just upon indication and additional legal and dueDiligence cost can
incur too.
Deliveries are ex facility's
against prepayment or cleared charges, and with shipping according to customers
preference, risk and cost.
A minimum handling and service fee of $+40 from Jtec LLC is applicable
to add
to all individual orders of
less than US$ 400, or international US$+80 if jTi orders of less than US$
8000.
If a licensing agreement has
been initiated, applicable project fees of 1-12% according to involvement,
have
to transfer within 92 days
of each such manufactured or QA'd part to nominal applicable end user list
prices.
Jtec labels, or designs or
products are allowed to be distributed only according to and in full compliance
with
the Quality Assurance measures
and as License agreed upon with a rate of 8% of such "knowHow"value's to
Jtec or jTi for R+D and assistances,
in addition to all legal requirements, needs and transfers met available.
Unless contract- or onRetainer-confirmed
else, Jtec serv's against US$ 4000 or urgent similar more per day.
Or if „constrain“; default-charges
from US$16000/day +legal, contractual travel and material cost as utilize.
Consequential and delay damages
+ additional legal's cost can incur against nonPerforms or discriminations.
Projecting of R+E is confirmed
after reception of "Prepayment" and insured "Security". To procede with
any
custom or technical parts,
components or plant or design, a suitable operational "Prepayment" needs
to be
provided with "Securities"
like valid "Product Rights Assignment" and "Confidentiality Agreement"
in place.
Residuals will have to be
transferred against shipping of hardware and/or assignment of software
or upfront.
"Success oriented comissions"
will have to be provided within 30 days of delivery or Jtec or jTi can
retain
equivalent compensations from
all rights and any legal properties as encompassed or delivered.
All Goods and/or Services
will remain accessable secured as property of Jtec or/and jTi unless all
such
liabilities will have been
confirmed as transferred and compensated as specified by contract or license.
All intellectual property of
rights or licenses of jTi (via Jtec) and/or other parties involved, will
have to
be securely maintained or
returned with any backUp copies or traces rendered useless. Any technology,
knowHow accessed or knowledge
gained via Jtec or jTi does not imply rights to continue to use or disclose
technology except as specified
in writing. All copyrights and all intellectual property also related to
offers,
specifications or blueprinted
details are reserved and the contained technological Information also partial,
is allowed to be used only
according to the licensed purposes. Copyrights and all intellectual, intangible
or physical property rights
of Jtec or jTi, or encompassed from other owners will only be allowed to
be
useful or utilized as specified
in writing. Ownership of all such property rights as of jTi, via Jtec or/and
of the respective legal proprietors
will remain unrendered regardless of use licenses or use permissions.
Technologies or Software used
for or with specific purpose intend like to enable remote machining of
tools
or exchange-parts, does not
provide any license nor contains agreements for further or other use except
as detailed written granted.
In case of violation, Jtec and legal representatives reserve all rights
to obtain
19% commissions each, plus
all legal expenses of all such systems, components or parts handled, stored
or manufactured with any such
partial details not valid obtained as explicitly specified, as compensation;
In addition to further measures
appropriate applicable according to Jtec's or/and jTi's legal choices.
Warranty of Jtec products,
components or services or to jTi license, does only apply as detailed specified.
Beside transfer of 3rd party
partial warranty or replacement services as applicable, no other rights
can be
assumed to be valid nor will
any such partial or component liability be transferable to Jtec or jTi.
Unauthorized repair, service,
manipulation, natural impact, wear or non-appropriate use cancels warranty.
All use and any handling of
products with Jtec part or service involvement will exclude Jtec and will
exclude
jTi from primary and from
indirect product or service liability. Most equipment can be potentially
dangerous;
herewith both Jtec and jTi
reserve all rights and thus insist to herewith waives of all such responsibility!
All rights of Jtec and
of jTi to modify for technical improvements remain reserved!
Jtec, 1986 - 2007