AMB WEBSITE DISCLAIMER

1. Although care has been taken to ensure the accuracy of the information on the AMB i.t. corporate home page and the other AMB related web sites (together referred to as "Web Sites"), INFORMATION ON THOSE SITES IS PROVIDED WITHOUT ANY REPRESENTATION OR WARRANTY AND IN NO EVENT SHALL AMB i.t. OR ANY OF ITS SUBSIDIARIES BE LIABLE IN CONNECTION WITH THE USE OF THE INFORMATION MADE AVAILABLE, UNLESS SPECIFICALLY STATED OTHERWISE. AMB i.t. does not warrant that the Web Sites or the servers which make these Web Sites available, are free from viruses or any other harmful elements.

2. AMB i.t. reserves the right to make changes and/or updates with respect to the information contained on the Web Sites at any time without notice.

3. The Web Sites may provide links to other web sites, which are not under the control of AMB i.t.. AMB i.t. shall not be responsible in any way for the content of such other web sites. AMB i.t. provides such links only as a convenience, and the inclusion of any link to any such web sites does not imply endorsement by AMB i.t. of the content of such sites.

4. The information provided on the Web Sites may only be used, copied or distributed in unmodified form for informational personal purposes and provided the copyright symbol and notice as set out at the bottom of the page concerned are maintained.

5. As regards financial and corporate data, such as annual reports, contained on the Web Sites, only the original English language version can be considered the authentic version.

6. These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands.

7. Copyright in the Web Sites and their content rests with AMB i.t. or its licensors. All rights reserved.


Terms of Business for North and South America

TERMS AND CONDITIONS OF AMB:

1) General
Reference to AMB herein means AMB i.t US, Inc. The customer is the company, person or other body placing an order with AMB. Goods refer to hardware, software and support or service. All orders accepted and goods supplied are to our current prices and the following expressed terms and conditions. These conditions may not be modified or varied unless AMB agrees to this in writing and only then with an endorsed signature of a director of AMB. The contract of sale will be on the conditions contained herein and the customer will be taken to have waived the special purchase conditions, if any, on their purchase order or elsewhere.

2) Prices:
All prices quoted are strictly net. Whilst every endeavor will be made to maintain the prices quoted, AMB reserves the rights to effect changes without prior notice. This will include but is not limited to the right to change prices without prior notice to cover the following:
a) Currency fluctuations which increase the costs to AMB of materials or goods imported into the Netherlands or imported into the United States.
b) Costs as a result of cancellation, alteration, postponement or re-scheduling of orders.
c) A change in the standard pricing of AMB as given at the Internet page: www.amb-it.com

3) Delivery
Whilst every reasonable endeavor will be made to meet delivery requirements, AMB will not be liable for failure to do so and failure to meet the agreed upon delivery date shall not prejudice any contract with regard to further deliveries. In the event of a customer wishing to suspend deliveries, we require 30 days notice in writing to this effect. Acceptance of any cancellation or deferral shall be solely at AMB discretion. Customers wishing to cancel a schedule or part schedule will be invoiced at a minimum of 30% of the costs of the goods involved.

4) Change of product specifications and availability
We reserve the right to discontinue any product or to make design changes that we believe are necessary without prior notice.

5) Guarantees & Warranties
AMB guarantees that, for a period of 24 months from the date of dispatch, unless otherwise specified on the invoice, any items manufactured or sold by AMB with defects caused by faulty materials and/or workmanship and/or design, will be repaired. If repair is not possible or economical for AMB, AMB has the choice to refund the purchase price of these goods or to deliver new goods. AMB's liability shall be strictly limited to replacing, repairing or issuing credits at its option for any goods returned within 24 months from the date of dispatch. AMB shall not be liable for incidental or consequential damages including, but not limited to costs of removal and reinstallation of goods, loss of goodwill, loss of profits or use. If the requirements set forth above and described under item 6 are not complied with, our warranty/guarantee shall not apply and we shall be discharged from all liability arising from the supply of defective goods. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, AMB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY, FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND AMB HEREBY DISCLAIMS THE SAME.

6) Remedies and damages
a) AMB shall not incur any liability under the above warranty unless:
i) AMB is promptly notified in writing upon discovery by the customer that such goods do not conform to the warranty, and the appropriate invoice number and date of purchase information is supplied;
ii) The alleged defective goods are returned to AMB carriage pre-paid;
iii) Examination by AMB of goods shall confirm that the alleged defect exists and has not been caused by unauthorized use (including, without limitation, the use of an AMB decoder with non-AMB hardware) misuse, neglect, method of storage, faulty installation, handling, or by alteration or accident; and
iv) With respect to AMB decoders, customer has upgraded the firmware in its decoder within one month after AMB has offered to provide customer with such upgraded firmware.

b) The customer acknowledges that the goods may include certain firmware imbedded therein. AMB hereby grants a license to customer to use the imbedded firmware in an AMB decoder, but only to the extent the decoder is used in connection with AMB hardware. AMB shall have the right to terminate the license immediately upon written notice to customer in case AMB has a reasonable belief that customer at any time has used the AMB decoder in connection with non-AMB hardware. Further, customer may not copy, compile, reverse compile, disassemble, translate, analyze, reverse engineer or attempt to reverse engineer the firmware, except as permitted by applicable law.

c) In addition, customer grants AMB the option to repurchase any AMB decoder if AMB has a reasonable belief that customer has used the AMB decoder in connection with non-AMB hardware. The repurchase price shall be the fair market value on the date AMB provides notice to customer that it intends to repurchase the decoder.

7) Technical advice & Published information
Any technical advice and/or service given by and/or drawings and instructions by AMB shall not amount to a warranty as to fitness for any purpose other than in accordance with the manufacturer's original specifications. If a customer uses software that was developed and/or supplied by AMB, any print out or any other form of distribution of the results shall have the logos or web addresses of both "AMB i.t." (www.amb-it.com) and "Track Timing" (www.tracktiming.com), in legible size (minimum of 8 pt.), on each of the result sheets, whether they are printed material or electronic media, including but not limited to internet pages. Also if results generated with AMB or Track Timing software are first exported to another program like Microsoft Excel or displayed with other AMB or Track Timing software on Monitors or TV screens, these logos or web addresses shall be displayed or printed on each of the pages/ screens.

8) Liability for damage caused by the use of goods supplied
No liability shall result directly or indirectly from any malfunction of goods or functioning not in accordance with specifications of goods. No liability shall result from the use of goods in any way at variance with manufacturers instructions.

9) Liability in case of accidents
No liability shall result from damage or injury caused by the use of goods or by having the goods or parts thereof installed. In case AMB is held liable by a third party for damage or injury, resulting from installation or use of goods, automatically the customer that originally purchased the goods from AMB will take over all claims made against AMB by this third party and the customer that originally purchased the goods will take over full responsibility of the procedures covering this liability and will notify the third party of such.

10) Payment terms
Payment for sales shall be preferably prepaid by transfer directly to our bankers. For limited amounts, as is specified case by case by AMB on each invoice, payment by MasterCard, Visa Card, American Express, or Discover is possible. Checks and postal orders are made out to AMB and are crossed. Returned checks will be subject to a US$ 30 fee. The ownership of the goods delivered by AMB will only be transferred to the customer when customer has met all that is being owed to AMB, no matter on what grounds. AMB is granted the right to charge 1.5% interest per month on all outstanding balances that have not been paid within 4 weeks after receipt of the goods. The customer will be fully accountable for all costs incurred by AMB in recovering outstanding monies. AMB is granted the right to enter the customer's premises to recover any goods not yet paid for in full, which goods shall be kept separate from all other goods in the customer's possession.

11) Shipping
Carriage is either ex-works or chargeable at cost, at the option of the customer at the time of placing the order.

12) Shortages/Damages
All goods are shipped at buyer's risk. Our responsibility ceases upon delivery of goods in good order to the carrier. If material is received in bad condition, the buyer should require the agent of the transportation company to make notation of delivery condition on freight and immediately file a damage claim. Shortage claims can only be considered when made in writing within 5 days from receipt of shipment. AMB will assist in obtaining prompt adjustment on damage claims.

13) Returns
Goods returned "Not Wanted", "Incorrectly Ordered" or "Duplicated Orders" resulting from a confirmation of an order placed by customer, not being endorsed to that effect, will be subject to a minimum 30% handling charge with a minimum of US $25.00. Goods returned must be in their original individual packaging. Returns will not be accepted after 14 days following receipt unless authorized in writing by AMB. Goods should not be retained for handling to our sales engineers. Non-stock items, items purchased specifically to a customer's requirements, will not be subject to credit or exchanged under any circumstances whatsoever.

14) Quotations
Quotations are dated and are price valid for 30 days from that date, unless otherwise stated.

15) Patents and copyright
Product offered for sale by the company may be subject to patents or other such protective devices. To our best knowledge the goods sold by AMB do not violate patents or other protective devices. If ever a third party claims with the customer that the goods do indeed violate patents or other such protective devices, AMB will not be held liable by customer for any incidental or consequential damage resulting from this claim, including but not limited to costs of removal and reinstallation of goods, loss of goodwill, loss of profits or use, or payments that have to be made to a third party. AMB maintains full copyright in respect of our publications, company name, product names and logo. No part of them may be reproduced, transmitted or stored in retrieval systems in any form without prior written permission of AMB.

16) Taxes
Since our quoted prices do not include sales, use, excise or federal, state or local taxes, unless specifically shown, any such levies must necessarily be for your account. We ask your cooperation in furnishing tax exemption certificates, if such are applicable.

17) Force majeure
AMB shall be under no liability to the customer in respect of anything which, apart from this provision, may constitute a breach of this agreement arising by reason of force majeure, namely, circumstances beyond the control of AMB, which shall include but not be limited to acts of God, perils of sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority; inability to supply the goods, materials, breakdown of equipment and labor disputes of whatever nature and whatever cause arising, including (but without prejudice to the generally of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties and any or all of its employees and/or any other employer and any or all of its employees and/or between two or more groups of employees (and whether of either of the parties hereto and any other employer).

18) Variation of terms
AMB reserves the right to vary these terms and conditions at any time.

19) Proper Law
All agreements for sales by AMB shall be governed by and construed in accordance with the law of the state of Georgia without regard to its conflicts of law.