bitpop
Legendary
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Activity: 2912
Merit: 1060
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June 06, 2013, 07:22:19 AM |
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How's this compare to the frostbit ;-)
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KS
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 07:28:27 AM |
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@dan99:
Yep new definition for Force Majeure: "just whatever and we don't have to pay you or ship you anything AND we can still sue you for damages".
They take the money and assume no responsibility.
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ElGabo
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 08:12:03 AM |
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How can you call them? The tel number wich has given is not working for me... ![Huh](https://bitcointalk.org/Smileys/default/huh.gif)
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" I'm waiting for my punishment, I know it's on my way So cut, cut, cut me up and fuck, fuck, fuck me up"
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Emmie
Newbie
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Activity: 47
Merit: 0
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June 06, 2013, 08:18:21 AM |
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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. "
Isn't this a veeery normal thing to have in such an agreement?
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idee2013
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 08:28:54 AM Last edit: June 06, 2013, 08:53:29 AM by idee2013 |
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How can you call them? The tel number wich has given is not working for me... ![Huh](https://bitcointalk.org/Smileys/default/huh.gif) not only for you, i think they have paused the number in some way, because they are extremly busy. Write them if you habe real issues. Sam i really answering every mail. I got 3 today from him with question i asked him an thursday and yesterday. They are extremly busy and of course they need to take much time for the opendays and preparation for the opendays.
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ElGabo
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 08:35:17 AM |
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I could called them. I spoke with Andreas, he was very helpfull. ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif)
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" I'm waiting for my punishment, I know it's on my way So cut, cut, cut me up and fuck, fuck, fuck me up"
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idee2013
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 09:20:55 AM Last edit: June 06, 2013, 09:33:14 AM by idee2013 |
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Xialla
Legendary
Offline
Activity: 1036
Merit: 1001
/dev/null
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 09:25:33 AM Last edit: June 06, 2013, 09:38:30 AM by Xialla |
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![](https://ip.bitcointalk.org/?u=http%3A%2F%2Fpicload.cz%2Fimages%2F2013%2F06%2F06%2FkncawYX8m.png&t=665&c=RQBybM0Au-DPyQ) and waiting now.(
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blastbob
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 09:55:07 AM |
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![](https://ip.bitcointalk.org/?u=http%3A%2F%2Fcontent.screencast.com%2Fusers%2Flonggone1%2Ffolders%2FSnagit%2Fmedia%2F0ccfc5e5-96b6-4ecf-b6ec-68b4d6564035%2F06.06.2013-11.55.png&t=665&c=Tpz1cxLm-GXreg) Wonder if i am going to a be a bagholder in the end ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif)
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Bitrated user: blastbob.
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jeroenn13
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 10:06:17 AM |
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![](https://ip.bitcointalk.org/?u=http%3A%2F%2Fcontent.screencast.com%2Fusers%2Flonggone1%2Ffolders%2FSnagit%2Fmedia%2F0ccfc5e5-96b6-4ecf-b6ec-68b4d6564035%2F06.06.2013-11.55.png&t=665&c=Tpz1cxLm-GXreg) Wonder if i am going to a be a bagholder in the end ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif) 28K. Brilliant. Was happy I paid 1 Saturn ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif)
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Xialla
Legendary
Offline
Activity: 1036
Merit: 1001
/dev/null
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June 06, 2013, 10:08:21 AM |
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28K. Brilliant. Was happy I paid 1 Saturn ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif) .)) yes, same here.
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rizzman
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 10:49:09 AM |
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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. "
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??
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Biomech
Legendary
Offline
Activity: 1372
Merit: 1022
Anarchy is not chaos.
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 10:53:36 AM |
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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. "
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.
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Bitcoinorama
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:06:37 AM |
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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. "
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...
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Make my day! Say thanks if you found me helpful ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif) BTC Address ---> 1487ThaKjezGA6SiE8fvGcxbgJJu6XWtZp
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KS
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:09:46 AM |
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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. "
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. "Force Majeure" is a standard clause but their version of it extends to pretty much anything and everything. Not really force *Majeure* then.
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helmax
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:31:21 AM |
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NO MORE PRE ORDERS
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looking job
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canth
Legendary
Offline
Activity: 1442
Merit: 1001
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:32:51 AM |
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NO MORE PRE ORDERS
Uhh, not sure what you mean by that. KnC provided 7 days for anyone with a pre-order to place their order and maintain pre-order queue.
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Bitcoinorama
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:33:53 AM |
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NO MORE PRE ORDERS
Uhh, not sure what you mean by that. KnC provided 7 days for anyone with a pre-order to place their order and maintain pre-order queue. No, he just has no idea of costs involved in designing tech, and hasn't researched either...
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Make my day! Say thanks if you found me helpful ![Smiley](https://bitcointalk.org/Smileys/default/smiley.gif) BTC Address ---> 1487ThaKjezGA6SiE8fvGcxbgJJu6XWtZp
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greyhawk
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![](https://bitcointalk.org/Themes/custom1/images/post/xx.gif) |
June 06, 2013, 11:34:21 AM |
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NO MORE PRE ORDERS
Uhh, not sure what you mean by that. KnC provided 7 days for anyone with a pre-order to place their order and maintain pre-order queue. I think he means this: https://www.kncminer.com/news/news-16
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