Saigon IT Partner Co. Ltd., General Terms of Business 

§ 1 General
The General Terms of Business of Saigon IT Partner Co. Ltd – hereinafter called "SITP“ - apply to all contracts made between SITP and the employer as well as to all other agreements made within the scope of the business relations, as far as no other provions have been agreed upon.
Changes of the General Terms of Business must be carried out in written form.

§ 2 Quotations and contract conclusion
All quotations made by SITP are subject to change.
Contracts are binding after written acceptance through SITP.
The scope of services to be performed by Saigon IT Partner will be specified in the order acceptance from Saigon IT Partner's side.

§ 3 Conditions of payment
All invoices from SITP are due within 10 days as of invoice date.
All prices apply without packaging, transportation and postage. Any complaints are only permitted within 4 weeks, after this period invoices will be considered approved.

§ 4 Delivery
The delivery dates announced by Saigon IT Partner are binding only if they are explicitly marked as such in the order confirmation. 
Necessary preconditions for adherence to delivery dates are the required documents to be provided on time as well as the adherence to all agreements relevant to the contract. With non-fulfilment or partial fulfilment, delivery periods will be prolonged to an appropriate extent.
In case the employer demands changes to the order after the order has been confirmed or in case circumstances occur making it impossible for SITP to adhere to the delivery date, though SITP cannot be made responsible for these circumstances, delivery periods will be prolonged to an appropriate extent.
Especially acts of God and other events SITP cannot be made responsible for and which have significant effect on the delivery or the performance, strike or lock-out or circumstances based on general principles of law SITP cannot be made responsible for, the latter is entitled to postpone the service for the duration of the impediment plus an appropriate start-up time or may withdraw from the contract partially or wholly due to the parts not fulfilled yet.
In case the impediment does not cease within the foreseeable future, SITP may stop the delivery or withdraw from the contract partially or wholly without the customer being entitled to claim subsequent delivery or compensation.

§ 5 Liability & Warranty
SITP can only be made liable for knowing or gross negligence. Liability for slight negligence is excluded.

In all cases Saigon IT Partner is liable for, liability is limited to the amount of damage Saigon IT Partner was able to foresee when concluding the underlying contract.
Any liability is excluded as soon as the customer starts editing plans, documents or data delivered by SITP or is having them changed by a third party or a software.
The customer is obliged to check the delivered data immediately and to indicate obvious faults within 10 days as of delivery date at the latest in written form. Faults announced too late exclude any warranty claim. Non-obvious faults are to be announced immediately after gaining knowledge of them in written form.
If the services performed by SITP and faults have been indicated in due time, SITP is entitled to choose whether to correct defective files or to create new ones. Claims of damage due to non-fulfilment are explicitly excluded.
Saigon IT Partner cannot be made liable for not checking the content of the delivered files and / or hardcopies before further use with constructions, plannings and projects. For all these described cases the customer is wholly responsible for.

§ 6 Reservation of proprietary rights
The files provided by  SITP may only be used by the customer for testing purposes until full payment arising from the business relation has been carried out.
The ownership of the files will be fully transferred only after everything arising from the contract has been fully paid.
The customer is not entitled to use the files still under reservation of proprietary rights after the payment period has expired, as far as the payment has not been fully carried out yet. However, in case the customer sells the files and SITP gives permission, the customer of SITP abandons all claims against his purchasers as soon as the contract has been concluded. The customer is obliged to give SITP all the information necessary for the assertion of these rights and to carry out the necessary cooperation acts.

§ 7 Choice of law, Jurisdiction
The law of the Socialist Republic of Vietnam applies.
Jurisdiction is Ho Chi Minh City, Vietnam.