Hi , their TandC concerns me .. they are a few escape clause they could use for not refunding you, how would paypal react in such a case since you agreed to their T&C? Here is what I copy from another thread.
" 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.
11. Force Majeure
11.1 KnCMiner 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 KnCMiner 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.
9.2 Termination and rescission under this section shall not under any circumstances give rise to any obligation for KnCMiner to pay compensation to the Purchaser, and does not restrict KnCMiner’s possibility to claim damages or other economic compensation due to the event which justified KnCMiner to terminate the order or the Agreement. "
" 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.
11. Force Majeure
11.1 KnCMiner 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 KnCMiner 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.
9.2 Termination and rescission under this section shall not under any circumstances give rise to any obligation for KnCMiner to pay compensation to the Purchaser, and does not restrict KnCMiner’s possibility to claim damages or other economic compensation due to the event which justified KnCMiner to terminate the order or the Agreement. "
I'm not a lawyer but pay attention to the wording "and is entitled to cancel the Purchaser’s confirmed orders without any liability" I believe there trying to limit the liability if they don't deliver, however I do not believe this allows them to simply keep the money. It does however seem very clear that they can cancel that order for whatever reason, but would imply that one could receive a refund... Again, I'm not a lawyer on this, but I think that is what this is trying to state... Anyone know any lawyers you can run this across??
I'm not a lawyer, but my wife is.
This is a pretty standard disclaimer. It doesn't stop you from seeking remedy, and it doesn't absolve them of financial liability altogether either. It's a wartime clause, essentially. If the factory gets bombed you can't hold KNC responsible for being unable to deliver. That sort of thing. I've seen very similar clauses in a number of contracts involving international commerce, and you'll see more of it as the world goes more mad.
If a corporate officer has stated that refunds will be issued, and under what terms, that should supercede this clause in that specific scenario, while still covering their ass in the event of disruptions beyond their forseeable control. I don't find it troubling. Granted, I don't (yet) have any skin in the game.
FWIW, purely as an observation, and not legally through the eyes of the consumer;
It looks like they have considered every sceneraio and respective point of failure, as in risk for themselves, based upon every clusterf**k Butterfly Labs have created and are ensuing their ass in future no way resembles that of BFL's currently...in addition they don't want to be liable for itchy feet if something unexpected starts to happen with respect to hashrate and unknown entities (or known entities getting their sh*t together during KnC's period of manufacture).
That said, a wealthy guy I know imparted this mantra upon me; "he/she who writes the first draft almost always gets what they want, as the intent of the document has been specified by themselves"...so anyone wanting different T&Cs dropped the ball there...
