Export

5.b. Customers with their head office outside the European Union receive the VAT invoice and the EAD customs document containing a unique MRN number together with the goods. This code should be presented on the European Union’s border. If the goods do not leave the European Union’s customs border within 150 days from the EAD document issuance or if crossing the border is not confirmed by the Border Customs Office, you will be charged with the tax on goods and services (VAT), according to the current rate being in force.

5.c. The customer acknowledges that the law provisions of some countries and international organizations introduce restrictions on trade in certain goods and their related technology and documentation with specific countries, entities or individuals and declares that in the light of the applicable national and international law he/she is not deprived of the right to acquire the goods offered for sale by TME.

5.d. The customer undertakes to comply with the law, including customs, import and export regulations of the country to which the product purchased from TME is to be shipped, as well as to obtain all the necessary permits or licenses for trade, export, re-export and import of goods from the country of origin, where the law provisions in force require such permits, and also to comply with the customs regulations of the countries.

5.d.1. The Customer undertakes to comply with all the official acts, in particular the provisions of the acts of law, regulations, orders and issued under them: decisions and sanctions – to the extent to which that they relate to the goods purchased from TME (hereinafter: the Goods), including but not limited to: (i) the US Export Administration Regulations; (ii) the US International Traffic in Arms Regulations; (iii) the laws and regulations on economic sanctions administered by the US Foreign Assets Control of the Department of the Treasury; (iv) European Union legislation on export controls and sanctions; (v) United Nations sanctions policy; (vi) all relevant rules established under any of the above-mentioned regulations; and (vii) other applicable economic sanctions, export controls, or import regulations (collectively: “Export Regulations”).

5.d.2. The Customer represents that they: (i) will only use the Goods for civilian end uses and will not use the Goods for unauthorized military end uses within the meaning of the Export Regulations; (ii) will not allow restricted end users to obtain the Goods except as permitted by the Export Regulations; (iii) will not allow prohibited or sanctioned entities to obtain the Goods except as permitted by the Export Regulations, including, but not limited to, persons listed on: (A) the U.S. Specially Designated Nationals List, the Denied Persons List, Entity List, or (B) the consolidated list of persons, groups and entities subject to EU financial sanctions implemented under the EU’s Common Foreign and Security Policy; (iv) will not use the Goods for end uses prohibited by the Export Regulations, such as the design, modification, production or manufacture of nuclear, missile, chemical or biological weapon, nor will they use the Goods for the design, improvement, repair or manufacture of so-called supercomputers.

5.d.3. The Customer shall not knowingly re-export, resell, transfer or otherwise make the Goods available to the third parties who fail to confirm expressly and unequivocally that they comply with the rules set out in point 5.d, including in point 5.d.1 and 5.d.2. of these general terms and conditions.