Terms andConditions for Sale of Mining Hardware

2.1 These Terms and Conditions for Sale of Mining Hardware are additional terms to the General Terms which shall apply if you access this Website to purchase our Mining Hardware.

2.2 These Terms and Conditions for Sale of Mining Hardware shall apply to the purchase of the Mining Hardware specified in the Standard Equipment Purchase Invoice and related documents issued by us to you, to the fullest extent permitted by applicable law, to the exclusion of any other terms and conditions or any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. The term “Mining Hardware” shall, where appropriate, include written documentation in relation to the Mining Hardware.

2.3 By accessing this Website and purchasing our Mining Hardware, you confirm that you accept and will comply with both the General Terms and these Terms and Conditions for Sale of Mining Hardware.

2.4 These Terms and Conditions for Sale of Mining Hardware shall prevail at all times over any terms and conditions of purchase proposed by you (including, without limitation, any terms and conditions set forth in any order form issued by you), notwithstanding anything to the contrary therein, except in the event that we and you have entered into a separate agreement in relation to the sale of the Mining Hardware (a “Separate Sale Agreement”), which specifically provides that the terms of such Separate Sale Agreement shall prevail over these Terms and Conditions for Sale of Mining Hardware.

2.5 If there is any conflict between these Terms and Conditions for Sale of Mining Hardware, the General Terms and the applicable Purchase Invoice Terms, these Terms and Conditions for Sale of Mining Hardware will apply to the extent of the conflict.

3.1 These Terms and Conditions for Sale of Mining Hardware refer to the following additional terms which also apply to your purchase of our Mining Hardware:

• Our Privacy Policy: which sets out how we may use your personal information.

4.1 Our employees or agents are not authorised to make any representations concerning the Mining Hardware unless confirmed by us in writing. In entering into any purchase order, you agree and acknowledge that you do not rely on, and waives any claim for breach of, any such representations that are not so confirmed.

4.2 You are advised to refrain from placing your purchase order with anyone or anybody claiming to be an official representative of us over email, any electronic means or any website other than this Website. It can be a scam and your confirmed purchase order may never be delivered in such cases. We are not bound by such order, we will not be liable for any and all losses or damages arising out of such cases.

5.1 Prices and relevant information may be outlined in the respective sections of this Website and are subject to change without notice to you.

5.2 While if applicable, the Mining Hardware on this Website are presented with the greatest accuracy technically possible, representations on this Website through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information. Any reliance on the representations is at your own risk.

5.3 This Website may contain certain historical information, which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

6.1 Any steps taken from choosing a Mining Hardware to order submission/confirmation (including the submission of the Standard Equipment Purchase Invoice) form part of the purchasing process (“Purchasing Process”).

6.2 Order submission
1) You must choose the desired Mining Hardware and verify your purchase selection;
2) You may fill out an order form, available online or from our authorised representatives (“Order Form”) and place the order by submitting it online or to our authorised representatives.
3) You shall, in respect of each Order Form:-(a) ensure the accuracy of the purchase order and if applicable, the Hosting Location for your ordered Mining Hardware; and
(b) provide us with any information which is necessary in order to enable us to fulfil the purchase order.

6.3 Standard Equipment Purchase Invoice
When you submit an Order Form, the following applies:
1) Upon submission of the Order Form, you will receive either online or from our authorised representatives a Standard Equipment Purchase Invoice for review and signature, where relevant information such as the model names, specifications, prices and relevant charges, and delivery location/hosting locations of your chosen Mining Hardware will be outlined in the Standard Equipment Purchase Invoice.
2) You are required to sign on and submit the Standard Equipment Purchase Invoice either online or to our authorised representatives for confirmation of the order.
3) Upon submission of the Standard Equipment Purchase Invoice, you will receive either online or from our authorised representatives an acknowledgement confirming that the purchase order has been placed (“Acknowledgement of Purchase Order”). Once the Standard Mining Service Invoice is submitted by you, and accepted by us through an Acknowledgement of Purchase Order, such purchase order shall be irrevocable unless agreed in writing by us.
4) The submission of the Standard Equipment Purchase Invoice and the receipt of Acknowledgement of Purchase Order determines contract conclusion and you are obliged to pay the Mining Hardware’s price and, unless otherwise agreed in writing, the relevant charges (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts (“Total Purchase Price”) as may be specified on the Standard Equipment Purchase Invoice, and any additional taxes, fees and expenses related to the purchase and delivery of the Mining hardware (including applicable taxes in applicable jurisdictions) that are incurred by us. We shall be entitled to invoice the Customer for such taxes, fees and expenses. For the avoidance of doubt, any relevant information of the ordered Mining Hardware specified on the Standard Equipment Purchase Invoice such as the model names, specifications, prices and relevant charges, and delivery location/hosting locations of the Mining Hardware shall be binding on the Parties.
5) If the delivery of the Mining Hardware ordered by you is not possible, for any reasons, we will refrain from making an Acknowledgement of Purchase Order.  In such case, no contract is concluded. You will be informed immediately and will immediately refund any payments already received.
6) In case we require an action from you, you are obliged to cooperate accordingly.

6.4 All notifications and documents related to the Purchasing Process shall be sent to the email address provided by you for such purposes.

6.5 You consent to receive the Standard Equipment Purchase Invoice electronically.

7.1 You will be informed during the Purchasing Process about the Mining Hardware’s price and any relevant charges (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts either as outlined on this Website or be presented to you by our authorised representatives, and that they are subject to change without notice to you.

7.2 To the greatest extent possible and to the fullest extent permitted by applicable law, the Mining Hardware’s price displayed on this Website or as presented to you by our authorised representatives would be, unless otherwise stated in the applicable Standard Equipment Purchase Invoice or as informed by our authorised representatives, exclusive of any relevant charges (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts, all of which may be added up to the Total Purchase Price.

7.3 The Mining Hardware’s price and other charges described on this Website, if applicable, are for general reference only. You should refer to your Standard Equipment Purchase Invoice that particularises the actual Mining Hardware’s price and the relevant charges (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts (i.e. together as Total Purchase Price).

7.4 We may incur additional taxes, fees and expenses related to the purchase and delivery of the Mining hardware (including applicable taxes in applicable jurisdictions) that are not included in your Standard Equipment Purchase Invoice. We shall be entitled to invoice you for such taxes, fees and expenses.

8.1 We may offer discounts or provide special offers for the purchase of Mining Hardware. Any such offer or discount shall always be subject to the eligibility criteria and the conditions set out in the corresponding section of this Website or as presented to you by our authorised representatives.

8.2 Offers and discounts are always granted at our sole discretion.

8.3 Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

8.4 Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of us, as indicated in our location details in this Website, unless otherwise specified.

9.1 Information related to accepted payment methods are made available during the purchasing process.

9.2 Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website or as presented to you by our authorised representatives.

9.3 Payment methods managed directly by us are marked accordingly. We will collect and store the payment information necessary for the processing of payments and for fulfilling any legal obligation related to them. You may read the privacy policy of this Website to learn more about the data processing and your rights regarding your data.

9.4 For any other payment methods (if any) independently provided by third-party service providers, we will not collect any payment information (e.g. credit card details) but only receive notifications from the relevant third-party provider once the payment has been successfully completed.

9.5 If payment through the available methods fail, we shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, we reserve the right to claim any related expenses or damages from you.

Delivery – General
10.1 Deliveries are made to the delivery location(s)/address(es) specified in the Order Form which shall be confirmed by us in the Standard Equipment Purchase Invoice, and in the manner (if any) specified in the said document.

10.2 Delivery service is provided by third party carriers engaged by us. The carrier will be decided at our sole discretion depending on the delivery location(s)/address(es).

10.3 Unless otherwise determined by us, deliveries will only be carried out after confirmation of receipt of payment of the Total Purchase Price.

10.4 Any dates quoted for delivery of the Mining Hardware, if any, are approximate only and we shall not be liable for delay in delivery of the Mining Hardware howsoever caused. Time for delivery shall not be of the essence unless previously agreed by us in Writing. The Product may be delivered by us in advance of the quoted delivery date upon giving reasonable notice to you. We shall be entitled to make part delivery of the Mining Hardware at any time.

Delivery - “Buy only”
10.5 If you opt for “Buy only” for your purchase of Mining Hardware as indicated in the Order Form or in the Standard Equipment Purchase Invoice, you agree and acknowledge that:

1) you are required to indicate the delivery location(s)/address(es) in the Order Form which shall be confirmed by us in the Standard Equipment Purchase Invoice;
2) unless otherwise determined by us, you shall be responsible for all relevant charges of delivery (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts in any event;
3) we shall be deemed to have fulfilled our delivery obligations when the Mining Hardware is made available to you for physical collection by or on behalf of you at the delivery location(s)/address(es) agreed by us. Any unloading or loading shall be your responsibility at such delivery location(s)/address(es). We may issue you a notice of self-pick-up and require you to pick up the parcels itself. If you are unable to receive the parcels in accordance with the shipping confirmation or notice of self-pick-up, you shall report to us as soon as practicable and we shall schedule further delivery attempt with any and all additional charges borne by you.
4) we cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the Order Form filled by you or the instructions provided by you, nor for any damages or delays resulting from such inaccuracies or incompleteness. If the delivery location(s)/address(es) provided by you is incorrect, outdated or with the incorrect address format, the parcels will typically be returned to us by the carrier or be delivered to an unintended recipient. You are obliged to double-check the location(s)/address(es) carefully when placing your order;
5) if a parcel is damaged in transit, the carrier may return it to us without attempting to deliver;
6) where the parcels are returned to us as undeliverable, damaged, or with any other reasons, we will seek confirmation from you and re-dispatch your order but any and all additional charges shall be borne by you. If you would request the parcels in any other manner, we retain the sole discretion to provide such assistance and to charge an administrative fee;
7) you shall not defer shipment after we issue the Acknowledgement of Purchase Order to you without our written consent, which may be withheld or conditioned in our sole discretion; and
8) to the fullest extent permitted by applicable law, you shall not transfer ownership of the Product purchased to a third party (e.g. by way of resale or donation) before the successful delivery of the Mining Hardware to your delivery location(s)/address(es).

Delivery - “Buy & Host”
10.6 If you opt for “Buy & Host” for your purchase of the Mining Hardware as indicated in the Order Form and in the Standard Equipment Purchase Invoice where the Mining Hardware purchased through us would be delivered to a Hosting Location for the deployment of Mining Hardware of use of Mining Services pursuant to the Terms and Conditions for Use of Mining Services, you agree and acknowledge that:
1) you are only required to indicate the Hosting Location for purpose of deploying the Mining Hardware ordered to the Hosting Location in the Order Form, which shall be confirmed by us in the Standard Equipment Purchase Invoice;
2) any services provided by us after the purchase of the Mining Hardware (that being our Mining Services including but not limited to the delivery of the Mining Hardware to the Mining Location) shall be subject to the Terms and Conditions for Use of Mining Services; and
3) the Mining Services shall be subject to the Terms and Conditions for Use of Mining Services, and the applicable Standard Mining Service Invoice will be sent to you by email or by our authorised representatives separately. Should you not sign and submit the Standard Mining Service Invoice, we reserve the right to hold the Mining Hardware on your behalf until we deliver directly to a delivery location/address designated by you at your own expense.

11.1 We warrant the Mining Hardware to be in good working order under normal use and service when delivered and that good and marketable title to the Mining Hardware will be delivered to you (“Warranty”) for a period of 3 months from the date of delivery (“Warranty Period”). We will warrant up to what the original manufacturer provides us, and will be subject only to their warranties.

11.2 Except for the above Warranty;
1) we make no additional warranty with respect to the conditions of the Mining Hardware. The Mining Hardware is sold “AS IS” and “WITH ALL FAULTS”;
2) we make no additional warranty that the Mining Hardware will meet the Customer’s expectations or requirements, or that the Mining Hardware will be uninterrupted or error-free;
3) we make no additional warranty and representation that the Mining Hardware fully conform to the information or specifications of such Mining Hardware outlined in the respective sections of this Website or in the Standard Equipment Purchase Invoice. The above-mentioned information or specifications are only approximate and are not guaranteed characteristics, but for identifications of the Mining Hardware. Customary commercial deviations are permitted as long as they do not affect usability for the contractually intended purpose of the Mining Hardware; and
4) we make no other warranty with respect to the Mining Hardware, and disclaims any and all warranties, express or implied by law, course of dealing, course of performance, usage of trade or otherwise, including any warranty against infringement of intellectual property rights of any third party.

11.3 To the fullest extent permitted by applicable law, this Warranty does not cover the following:
1) damages resulting from accidents, misuse, neglect or noticeable change in the appearance or operation of the returned Mining Hardware;
2) any delays or faults related to the manufacturer;
3) damages or losses caused by normal wear and tear;
4) damages resulting from accident, abuse, misuse, neglect, improper handling or improper installation;
5) damages or losses caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures or abnormal working conditions;
6) damages or losses caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
7) damages or losses caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
8) damages or losses caused by modifications, alterations or repairs by persons other than us without our written consent;
9) damages or losses of data caused by improper usage and behaviour which is not recommended and/or permitted in the product documentation;
10) damages or losses of the Mining Hardware caused by failure to perform required preventative maintenance;
11) damages or losses of data caused by burnt hash boards or chips;
12) any damage, fault, failure or malfunction due to causes beyond the control of us including but not limited to accident abuse, misuse, mechanical or electrical overload, abrasion, corrosion, erosion or chemical attack, incorrect assembly, installation, use and application of the Mining Hardware by you or a third party;
13) Mining Hardware, on which the original software imbedded with it has been replaced or modified by persons other than us, associated partners or authorized service facilities; and
14) counterfeit Mining Hardware.

11.4 This Warranty is non-transferable and is enforceable only by the original purchaser. This Warranty does not apply to Mining Hardware that have not been purchased from us or our associates.

11.5 Any returned Mining Hardware with graphics card / ASICS showing traces of overclocking beyond the manufacturer’s recommendations will lose all rights of Warranty.

11.6 We do not authorize any agent, representative, or personnel to make any other warranties or alter any disclaimer of warranties.

12.1 The Warranty is only applicable for Customers who opts for “Buy only” for the purchase of the Mining Hardware as indicated in the Order Form and the Standard Equipment Purchase Invoice.

12.2 Upon the receipt of the Mining Hardware purchased, you must verify the content of the delivery and report to us any anomaly without undue delay.

12.3 No Product purchased may be returned to us without our prior written consent.

12.4 Upon discovery of any alleged breach of the Warranty, you may refuse to accept the delivery and contact us directly but we shall be given an opportunity to inspect the alleged defective Mining Hardware (subject to warranty limitations as stipulated in section 11.3). We may also require you to provide reasons and evidence supporting such refusal.

12.5 To the maximum extent permitted by law, your sole remedy with respect to a breach of the Warranty shall be such of the following as we may elect in our absolute discretion:
1) replacement of the Mining Hardware purchased;
2) supply of other models of Mining Hardware equivalent to the Mining Hardware purchased; or
3) repair of the Mining Hardware purchased at our expense.We will confirm to you with an acknowledgement of the remedy. In any event, you shall bear the return shipping fees on your own.

12.6 Unless otherwise determined by us, any Mining Hardware returned by the carrier without physical protection, improperly protected or damaged will lose all rights of Warranty. You shall be responsible to protect and/or insure the Mining Hardware returned during their transport.

12.7 Any other damages, shortages, over deliveries and duplicated orders (other than an alleged breach of the Warranty) should be reported to us within fourteen (14) days of signed receipt of deliveries. To the fullest extent permitted by applicable law and unless otherwise determined by us, if you refuse or are unable to accept any delivery of the Mining Hardware other than in accordance with the Warranty or generally the Terms and Conditions for Sale of Mining Hardware, you shall be liable for all delivery (e.g. storage, packaging, freight, or delivery charges), insurance, and extra costs of handling and legal costs and out of pocket expenses that may be incurred as a result of your refusal or inability to accept such delivery.

12.8 To the fullest extent permitted by applicable law, we shall not be responsible for any incidental or consequential damages incurred and/or occurred in connection with the Mining Hardware or its purchase. Our responsibility is limited solely to the Mining Hardware itself. We assume no responsibility for any loss or costs due to third party’s or your loss of profit, or any other indirect cost or losses however incurred. We reserve the right to make changes or improvements in design, firmware or manufacturing without assuming any obligation to change or improve the Mining Hardware previously manufactured and/or sold.

13.1 You agree and acknowledge that unless otherwise agreed in writing by us, the purchase order is irrevocable and cannot be cancelled once we have issued an Acknowledgement of Purchase Order to you.  The ordered Mining Hardware is not returnable, refundable, or exchangeable, other than in accordance with the Warranty or generally these Terms and Conditions for Sale of Mining Hardware. Payments made to us are not subject to any deductions, claims, or counterclaims. Down payment (if any) and payment of the Total Purchase Price are non-refundable, except otherwise as agreed in writing by us.

13.2 If the supply of the Mining Hardware is insufficient to meet all requirements, we have the right to allocate our available supply among the Customers, past and present, in a manner deemed equitable by us without liability. You will receive a return of a portion of your total payment for the ordered Mining Hardware not delivered as a result of such allocation.

13.3 If the costs of the Mining Hardware exceed the Total Purchase Price due to a Force Majeure Event, we have the right to terminate the transaction without liability to you. Upon such termination, we will refund the entire Total Purchase Price to you for any Mining Hardware not delivered.

13.4 Mining Hardware delivered to Hosting Locations are ineligible for returns, refunds, or exchanges.

14.1 If you default in any payment due to us (pursuant to the applicable Standard Equipment Purchase Invoice), breaches any provision of these Terms and Conditions for Sale of Mining Hardware in whole or in part or becomes insolvent, files a petition for bankruptcy or commences or has commenced against you proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, or in the event of a Force Majeure Event, we may, at our sole discretion, do any or all of the following without prejudice to any other rights we have under these Terms and Conditions for Sale of Mining Hardware and/or the law of equity and with or without notice to you including but not limited to:
1) cease manufacturing and/or withhold any deliveries of the Mining Hardware;
2) vary the payment terms so that all monies outstanding under the applicable Standard Equipment Purchase Invoice become immediately due and payable on demand; and/or
3) cease or terminate performance under these Terms and Conditions for Sale of Mining Hardware and the applicable Standard Equipment Purchase Invoice and/or other contracts between you and us.

14.2 Termination of these Terms and Conditions for Sale of Mining Hardware and the applicable Standard Equipment Purchase Invoice against you shall be without prejudice to any right that may have accrued to us under these Terms and Conditions for Sale of Mining Hardware and/or the law of equity.

14.3 For the avoidance of doubt, the General Terms shall continue to be applicable notwithstanding the termination of these Terms and Conditions for Sale of Mining Hardware and the applicable Standard Equipment Purchase Invoice.

15.1 The titles and risks in the Mining Hardware ordered shall pass to you immediately at the time of the full payment of the Total Purchase Price (inclusive of the relevant charges (e.g. delivery charges), taxes, duties or imposts) of such Mining Hardware. Until payment of the Total Purchase Prices is received by us in full, we shall own the titles and risks of the Product ordered. Until such payment has been received, we shall have the right to repossess and/or resell the Mining Hardware. You shall be liable for any damages or costs arising from such repossession and/or resale by us. If you dispose of the Mining Hardware prior to payment to us, you shall hold the proceeds of such disposal upon trust for us and shall be accountable for such proceeds to us.

15.2 In the event that the Mining Hardware are damaged after delivery but before their titles and risks passes to you, you shall be liable for such damages.

You agree and acknowledge that you do not acquire any rights to use the purchased Mining Hardware until the Total Purchase Price is received by us in full.

17.1 We may provide cargo insurance for the Mining Hardware if you instruct us to do so.

17.2 In the event of any discrepancy between these Terms and Conditions for Sale of Mining Hardware and our cargo insurance policy regarding the insurance coverage, the then effective cargo insurance policy shall prevail, and we shall be required to provide the then effective insurance coverage to you.

18.1 Authority and Capacity. We and the Customer represent, warrant, and covenant that (i) we have full legal capacity, right, power and authority to execute and perform its obligations under these Terms and Conditions for Sale of Mining Hardware; and (ii) our performance of obligations hereunder will not violate any applicable laws.

18.2 Title to Product. We represent, warrant and covenant that we have clear title, free and clear of all security interests or liens, to Mining Hardware, including the legal right to use, operate and locate the Mining Hardware.

18.3 Accuracy of Customer Information. The Customer represent and warrant that: (i) the information the Customer has provided for the purposes under these Terms and Conditions for Sale of Mining Hardware is true, accurate, current, and complete; and (ii) the Customer will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.

18.4 General Compliance. The Customer shall take no action that would be in violation of, or would expose us to penalty or liability under the applicable laws, regulations, and guidance (having the force of law) of any country, including but not limited to Hong Kong, the United States, the United Kingdom, and any country in which the Customer is a resident of, or in which we will perform under these Terms and Conditions for Sale of Mining Hardware or engage in the transactions contemplated thereunder.

18.5 Compliance with Export Regulations. The Customer acknowledges that the Mining Hardware, along with any documentation or technology from the manufacturer of the Mining Hardware, may be subject to trade and export control and sanction laws, regulations, and orders. The Customer certifies that they are and will remain in compliance with all applicable trade, export and re-export control laws and regulations, including those maintained by the U.S. Department of Commerce, Office of Foreign Assets Control (OFAC), and the U.S. Department of State, and will defend and indemnify us against any claims arising from a breach of this certification.

18.6 Anti-Money Laundering Laws Compliance. The Customer acknowledges their compliance with all applicable anti-money laundering and terrorist financing laws and regulations, or any national or international laws and regulations including anti-money laundering and terrorist financing laws and regulations. The Customer agree to defend and indemnify us against any claims arising from a breach of this certification.

18.7 Anti-Bribery Laws Compliance. The Customer acknowledges their compliance with all applicable anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the Organization for Economic Cooperation and Development Anti-Bribery Convention, as implemented in their respective territories. The Customer guarantees that they, and their representatives, are not government officials or candidates for political office, and have not offered anything of value to any government official, political party, or candidate for office. They also agree to indemnify us against any damages resulting from a violation of this warranty.

18.8 OFAC Compliance. Pursuant to Executive Order 13224 of the United States of America, each Party may be required to ensure they do not transact business with persons or entities identified on the List generated by OFAC. The Customer affirms that they are not acting on behalf of any person, group, entity, or nation named by any Executive Order of the U.S. Treasury Department as a terrorist, “Specially Designated National and Blocked Person”, or any other banned or blocked person, entity, nation, or transaction. The Customer agree to defend and indemnify us against any claims arising from a breach of this certification.

18.9 Compliance of Use of Product. The Customer represents and warrants that: (i) the Customer will not use the Product for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D:3, as set forth in Supplement No. 1 to Part 740 of the United States Export Administration Regulations, (ii) the Customer shall not offer the Mining Hardware to any person (including any natural person or government or private entity) that is located in or is a national of any embargoed or highly restricted country under United States export regulations, which include Cuba, Iran, and Sudan, and (iii) the Customer are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated Nationals and Blocked Persons.

18.10 Data Protection Compliance. We and the Customer may be subject to the European Union’s General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (“PDPO”). We and the Customer shall comply with all applicable provisions of the GDPR and the PDPO. In performing these Terms and Conditions for Sale of Mining Hardware and the applicable Standard Equipment Purchase Invoice, it may be necessary for us, and we have a “legitimate interest” in, “processing” the Customer’s “personal data”, as those terms are defined in the GDPR and/or and the PDPO.

18.11 Termination Right. The Customer acknowledges and agrees that we may terminate these Terms and Conditions for Sale of Mining Hardware at any time if, at our sole and absolute discretion, if we reasonably believe that the Customer has committed a violation of applicable law. Such a termination will be with immediate effect, without any obligation to perform any performance under these Terms and Conditions for Sale of Mining Hardware and the applicable Standard Equipment Purchase Invoice or make any other payment, including any losses incurred by the Customer as a result of the termination.

18.12 Risk Disclosure. The Customer represents and warrants that:
(a) the Customer has sufficient knowledge and experience in Bitcoin Mining and understand the risks associated with Bitcoin Mining, including but not limited to the fact that: the price of Bitcoins fluctuates significantly and may even drop to zero;
(b) any information provided by us and/or our Affiliates (including but not limited to information on the Website or any promotional materials) cannot be deemed as us and/or our Affiliates is/are advising the Customer to purchase or rent any Mining Hardware, use the Services and participate in any related activities. The Customer’s decision to purchase any Mining Hardware and participate in any related activities should be based on his own personal judgment. If the Customer has questions related to Bitcoin Mining, it should consult with industry professionals. Any information provided by us and/or our Affiliates (including but not limited to information on Website or any promotional materials) should not be deemed as us and/or our Affiliates’ acting as professional and offering advice.
(c) the Customer is obliged to keep abreast of and comply with the laws and regulations regarding digital currency activities in its country or region.

19.1 To the greatest extent possible and to the fullest extent permitted by applicable law, the Total Purchase Price are inclusive of the Mining Hardware’s price and relevant charges (e.g. storage, packaging, freight, or delivery charges), insurance, taxes, duties or imposts. For the avoidance of doubt, all Product’ price invoiced by us to territories other than People's Republic of China are entered without value added tax or any other state and local indirect tax and customs duties. While we retain the sole discretion to include any such value added tax or any other state and local indirect tax and customs duties to the Total Purchase Price in connection with the purchase and delivery of the Mining Hardware, you are solely responsible to consult with your state and local tax lawyers to determine compliance with tax laws and regulations in your area and pay all the outstanding taxes and duties if applicable according to your tax residential law. You hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless the POW Group, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

19.2 You are responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in your relevant jurisdictions regarding all applicable taxes, including, but not limited to sales and use tax, value-added taxes and any other governmental charges and duties connected with the Mining Hardware purchased from POW Trading or the payment of any amounts hereunder. You agree to provide us with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable.

19.3 You shall indemnify and hold us harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the Mining Hardware purchased from POW Trading or the payment of any amounts hereunder.

20.1 Our obligations under these Terms and Conditions for Sale of Mining Hardware shall be suspended where we become unable to carry out that obligation in whole or in part, as a result of any Force Majeure Event. We shall not be responsible for any failure to perform, and will not be liable to you for any damages to the Customer, as a result of any Force Majeure Event. “Force Majeure Event” means any event that is beyond our reasonable control, including any one or more of, but not limited to, accidents, breakage or failure of machinery or apparatus, shortage of manufacturing capacity, withdrawal of business license by the Government, acts of war, acts of God and acts of Government, riots, terrorism, sabotage and other labour stoppages, national disasters such as flood and typhoon, fire, inability to obtain fuel, power, raw materials, container or transportation facilities, issues with import/export restrictions, disease, epidemic or pandemic (where a disease, epidemic or pandemic has been declared at our operational locations by the relevant authority or the World Health Organization) and any other causes outside of our reasonable control affecting our operations or operations of our suppliers or service providers.

20.2 In any such Force Majeure Event, we shall be entitled to a reasonable extension of our obligations. If the situation in question prevails for a continuous period in excess of three months, we and you shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable. Notwithstanding of the above, we have the right to terminate any purchase in the event of a Force Majeure Event that prevents performance, or if performing is impractical, or will result in a failure to comply with applicable law, regulation, order or requirement. However, a Force Majeure Event does not warrant you to delay any payment of the Total Purchase Price of any Mining Hardware by you.

21. Conflict with the Purchase Invoice Terms
If there is a conflict between these Terms and Conditions for Sale of Mining Hardware and the applicable Purchase Invoice Terms, these Terms and Conditions for Sale of Mining Hardware shall control when you purchase any such Mining Hardware.