PUBLIC OFFER DREAMSIM RACING SIMULATOR
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- Ralf Wilkins
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1 PUBLIC OFFER OF DREAMSIM RACING SIMULATOR PREAMBLE Under this Public Offer (further in the text Agreement) Limited Liability Company "AETEH", VAT No. LV , who acts on behalf of DREAMSIM TRADE LTD, Company No , proposes its merchandise -"DREAMSIM" Racing Simulator for any acquirer who may be interested in purchasing it. This Public Offer consists of draft contract for purchasing "DREAMSIM" Racing Simulator with all its components. If any acquirer is interested in purchasing "DREAMSIM" Racing Simulator and agrees with general provisions of this Public Offer, he has to provide the following information to DREAMSIM TRADE LTD by A copy of registration certificate; A copy of VAT payer certificate; Legal address; Bank account details (SWIFT code, number, account holders name and address), from which the payment will be made; Specification on amount of ordered simulators and its technical characteristics. The final price can change in regard to specification of technical characteristics of "DREAMSIM" Racing Simulator and the amount of simulators that was ordered. The Public Offer shall be considered accepted, when the Seller after sending an invoice to the potential Buyer shall receive the first payment for the invoice within 3 (three) days. Limited Liability Company "AETEH" RECITALS Company No Legal address Maskavas 322b, LV-1063, Rīga, Latvija Bank A/S Swedbank Account number LV82HABA VAT payer number LV hereinafter called SELLER, acting of his free will, without fraud, deceit or duress, and Buyer s name Company No. Company No. Legal address Legal address Bank Name of the bank Account number Account number VAT payer number VAT number hereinafter called BUYER, acting of his free will, without fraud, deceit or duress both together called PARTIES have entered into the agreement as follows:
2 1. DEFINITIONS 1.1. Simulator - "DREAMSIM" Racing Simulator BASIC PACKAGE - Three 55" Full HD LED TVs; One or two seats with a motion platform; Simulator shell with a metal carcass; Wind direction system; Set of passive 3D glasses, including Clip On Glasses and children's glasses; Media Server, acoustics 5.1; Set controls - steering wheel, pedals, gear shift; Instructions Price price for "DREAMSIM" Racing Simulator in its BASIC PACKAGE SELLER PARTY of this Agreement who sells and delivers "DREAMSIM" Racing Simulator BUYER PARTY of this Agreement who buys and pays for "DREAMSIM" Racing Simulator Games games, supported by the "DREAMSIM" Racing Simulator. Which is: Driving Arcade: Burnout Paradise the Ultimate Box, Colin McRae DiRT, Colin McRae DiRT 2, Crazy Taxi 3, Disney Cars Mater-National, FlatOut 2, Flatout Ultimate Carnage, Ford Off Road, Ford Street Racing, FUEL, MotorM4X Offroad Extreme, Need for Speed Carbon, Need for Speed Most Wanted, Need for Speed Pro Street, Need for Speed Shift, OutRun 2006 Coast 2 Coast, Racedriver GRID, SEGA Rally Revo, Sonic & SEGA All-Stars Racing, Star Wars Episode 1: Racer, Test Drive Unlimited, TOCA Race Driver 3, Split Second Velocity, SHIFT 2 Unleashed, Test Drive Unlimited 2, DiRT 3, NFS Hot Pursuit, Blur; Driving Simulator: F1 2010, Grandprix 3, Grandprix 4, GTR, GTR 2, GT Legends, GTR Evolution, IRacing, Live for Speed S2, Nascar Racing 2003, Nascar Racing 2005, Race, Nascar Racing 2005, Race, Race 07, Race ON, Racer, rfactor, Richard Burns Rally, ARCA Sim Racing, WRC FIA 2010, F1 2011; Flying: Condor, Falcon 4.0, IL2 Sturmovik, LockOn Modern Air Combat, Microsoft Combat Flight Simulator, Microsoft Flight Simulator 98, Microsoft Flight Simulator 2000, Microsoft Flight Simulator 2002, Microsoft Flight Simulator 2004, Microsoft FSX, Tom Clancey's HAWX, X-Plane, Tom Clancey's HAWX 2, Motorbike/Quad Racing, MotoGP 08, PURE, SBK; Rollercoaster: Disney Coaster Deluxe, NoLimits (v1.6 and v1.7 only), Ultimate Ride; Shooters: Mechwarrior 4 - Black Knight, Mechwarrior 4 - Mercenaries, Mechwarrior 4 - Vengence; Trucking: 18 WoS American Long Haul, Big Mutha Truckers 2, Euro Truck Simulator Gold, UK Truck Simulator; Aqua: Powerboat / Aquadelic GT Licensed Software software of the Simulator Guarantee - one year (12 month) guarantee for the Simulator which includes free technical and software support Documents documents of this Agreement which are an integral part of the Agreement. Those Documents are: the Agreement itself; specification of the Simulator; the list of supported games; act of acceptance; copies of registration VAT payer certificates of the SELLER; copies of registration VAT payer certificates of the BUYER CISG - United Nations Convention on Contracts for the International Sale of Goods Definition used under this paragraph are descriptive and do not bear any obligations or rights whatsoever. 2. SUBJECT OF AGREEMENT 2.1. Under this Agreement SELLER sells and BUYER buys the Simulator according to the specification from Appendix A, which is integral part of the Agreement The BUYER receives the right of ownership of the Simulator after the Simulator has been delivered and installed, and the SELLER has received the full price for the Simulator Other obligations under this Agreement are described in appropriate sections of this Agreement. 3. PURCHASE PRICE AND TERMS OF PAYMENT 3.1. The Price for BASIC PACKAGE of Simulator is EUR (twenty five thousand nine hundred ninety euro, 00 cents) for one motion seat configuration and EUR (thirty one thousand nine hundred ninety euro, 00 cents) for two motion seat configuration BUYER pays 50% of the Price to the SELLER as accept of the Public or Private offer by bank transfer within 3 (three) days after receiving the invoice. If the Seller has not received the payment of
3 50% of the Price within 3 (three) days after receiving the invoice, the Agreement is considered as not concluded and all possible obligation between the PARTIES are terminated BUYER pays 40% of the Price to the SELLER at the moment the SELLER ships the Simulator to the BUYER BUYER pays remaining 10% of the Price to the SELLER after the Simulator is installed and fully functional In case the Buyer makes the whole payment in advance, he is entitled to receive a discount from the total Price of the Simulator. Discounted price is EUR (twenty four thousand nine hundred ninety euro, 00 cents) for one motion seat configuration and EUR (twenty nine thousand nine hundred ninety euro, 00 cents) for two motion seat configuration In case of breach of article 3.3. and 3.4. BUYER has to pay penalty according to article 5. of this Agreement All of the payments are considered fulfilled only at the moment when the payment have been successfully transferred and received by the Seller s bank account. 4. DELIVERY AND INSTALLATION 4.1. SELLER delivers the Simulator and all the Documents to the BUYERS place of business within two month (60 days) time after the payment of first 50% of Price has been made according to the provisions of this Agreement The cost of delivery of the Simulator to the BUYERS place of business is included in the initial Price. This provision applies only to BUYERS who have their place of business in European Union member States After delivering the Simulator to the BUYERS place of business SELLERS technicians make the assembly and installation of the Simulator at the BUYERS place of business After assembling and installing of the Simulator SELLERS technicians perform testing of the Simulator in the presence of the BUYER SELLERS technicians train BUYERS staff how to operate the Simulator The BUYER must examine the Simulator, or cause it to be examined, within as short a period as is practicable in the circumstances After SELLERS receives the full payment for the Simulator and all the Action described in Article 4.6 are fulfilled, an Act of acceptance between SELLER and BUYER have to be signed. After signing this act, full ownership of purchased Simulator goes to BUYER Under this Agreement BUYER have obligations to take delivery of the Simulator: - do all the acts which could reasonably be expected of BUYER in order to enable the SELLER to make delivery; and take over the Simulator after the installation and testing In case of breach of article 4.1. SELLER has to pay penalty according to article 5. of this Agreement. 5. BREACHES OF GENERAL PROVISIONS 5.1. If the BUYER did not fulfill his obligations and breached article 3.3. and 3.4. of this Agreement, he has to pay a penalty in amount of 0.1% of the total Price to the SELLER for each day the payment was not made If SELLER did not fulfill his obligations and breached article 5.1. of this Agreement, he has to pay a penalty in amount of 0.1% of the Price to the BUYER for each day the Simulator was not delivered SELLER has the right to unilaterally terminate this Agreement, to require payment before the deadline established by this Agreement, or withdraw the delivered Simulator in case BUYER violates his obligation under this Agreement In case one Party of this Agreement without the written consent of the other Party purport to fulfill the obligations under this Agreement, the defaulting party shall be liable for it Penalties are not the compensation of losses Payment of penalties does not release the debtor from its obligations.
4 6. GUARANTEE 6.1. SELLER provides one year (12 month) guarantee for the Simulator to the BUYER. One year period of Guarantee starts at the day of signing the Act of acceptance between SELLER and BUYER Guarantee consists of free technical and software support SELLER performs resolving of technical problems under the Guarantee only if the BUYER respected the specification of the Simulator Under this Guarantee SELLER undertakes to resolve the technical problems within 2 (two) weeks Resolving the problems under the Guarantee may be made by SELLERS technicians or by transferring amount of money required for resolving the technical problem The guarantee does not apply to consumables, such as lamps, filters, batteries and other components from a limited resource, which are replacement by the design of Simulator. The guarantee does not cover the damages and actions inflicted of the third parties. The guarantee does not cover damage caused by the ingress inside the kit components of foreign objects, substances, liquids, insect, damages caused by the rudiments, fire, accidental external factors (increase in voltage, etc.), damage caused by the use of poor quality or non-standard supplies, lamps, batteries, and accessories. 7. SOFTWARE LICENSE 7.1 BUYER have the right to use one (1) copy, on one (1) Simulator, of Licensed Software. BUYER may make one machine readable copy of the Licensed Software for backup purposes. BUYER may not otherwise copy the Licensed Software or any of its documentation in printed form. BUYER may not transfer possession of Licensed Software, whether in part or in whole, to other parties. BUYER may not copy enclosed documentation or distribute them to other parties. BUYER may not modify Licensed Software or disassemble it for any purposes. BUYER agree not to "reverse engineer" the Licensed Software or any portion of it or to permit such reverse engineering or otherwise reduce the Software to a human-perceivable form. Any guarantee immediately void, if the Licensed Software is modified. Software which is provided with the Simulator is intellectual property of SELLER and is provided for use of BUYER "as it is". No rights or licenses are granted by SELLER under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret, or other intellectual property right owned or controlled by SELLER, except as expressly provided in this License. The SELLER has the right to offer the new versions of the software for additional price Games, which are provided in the definitions for acquaintance are not the part of Simulator and are not subject of this Agreement. The list is provided only for acquaintance. The rights for Games remains to their right holders.8.1. This Agreement comes into force after SELLER receives the first 8.TERMS OF THE CONTRACT, AMENDMENTS AND TERMINATION 8.1. This Agreement comes into force after SELLER receives the first payment on the invoice and is in force until all PARTIES have fulfilled their obligations under this Agreement This Agreement may be amended or supplemented by a mutual written agreement of the PARTIES that shall be attached to this Agreement, and it will become an integral part of this Agreement SELLER has the right to unilaterally terminate this Agreement notifying the BUYER within 10 days prior to termination without paying any compensation. If part of Price was already transferred SELLER returns the transferred amount of money This Agreement can also be terminated by a mutual written agreement of the PARTIES that in the protocol attached to this Agreement, and it becomes an integral part of this Agreement.
5 9. FORCE MAJEURE 9.1. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections ad/or any other cause beyond the reasonable control of the party whose performance is affected The fact of Force Majeure situation must be supported by announcement of competent States authorities. Parties shall immediately inform each other of such occurrence and to take all necessary measures to prevent loss of the Parties in the implementation of this Agreement In the case of force majeure term of the Agreement shall be extended for such time as a separate agreement between the Parties 10. DISPUTES AND LIABILITY In occurrence of any Disputes and Conflicts PARTIES tries to settle them through negotiations and peaceful discussions If PARTIES cannot agree on Disputes and Conflict which arise from this Agreement they bring those Disputes and Conflicts to arbitration court Any Disputes and Conflicts arising from this Agreement should be resolved according to this Agreement, in case the Agreement does not provide a regulation for a dispute, then Disputes and Conflicts arising from this Agreement should be resolved under United Nations Convention on Contracts for the International Sale of Goods (CISG) If this Agreement does not cover all aspects of the selling of the Simulator CISG should provide the lacking regulations. 11. FINAL PROVISIONS This Agreement does not give the BUYER the right of ownership over Simulators software and games. By accepting this Agreement BUYER gets a guarantee, that the listed games and software according to the specification of the Simulator are fully compatible and functional Appendixes and Documents specified in this Agreement shall be an integral part of this Agreement The PARTIES have read this Agreement. It contains the full agreement of the Parties and may not be changed in any other order, except by written agreement of the PARTIES This Agreement is made and signed in the English language in duplicate (2 copies) by one original copy for each PARTY. Both copies have identical legal force If any article of this Agreement loses legal force, the remaining articles of this Agreement shall remain in force DATA OF THE PARTIES SELLER BUYER Limited Liability Company "AETEH" LV Maskavas 322b, LV-1063, Rīga, Latvija A/S Swedbank LV82HABA SIGNATURES OF THE PARTIES SELLER BUYER
6 Appendix A SIMULATOR SPECIFICATION Simulator is sold in BASIC PACKAGE. Simulator technical parameters are: Dimensions (diameter x height) х 2000 mm; Place required - 9 sq m; Weight kg; Voltage V AC; Power consumption W; Screen size х 800 mm; Resolution х 1080, triple FullHD; 3D support - Passive 3D, 60Hz. Motion seat technical parameters are: Dimensions (LxWxH) х 800 х 1250 mm; Frequency Hz; Maximum velocity - 70 deg/sec; Maximum torque - 60 Nm; Maximum pitch & roll - 27 degree; Rider height cm; Rider weight kg. BUYER can specify the amount of motion seats per one Simulator (one or two).
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