CONDITIONS OF SALE (BUSINESS TO CONSUMER)
TERMS AND CONDITIONS OF SALE (BUSINESS TO CONSUMER)

All orders for Products accepted by ECANSET (“Ecanset group trading name”) are accepted subject to
the following conditions which shall form part and govern the contract of sale. Acceptance of
Products shall be deemed to be acceptance of these conditions of sale. Any term sought to be
imposed by a purchaser either in a document or otherwise that conflicts with or adds to these
conditions is not accepted. No agent or representative of ECANSET has authority to vary these
conditions unless accepted in writing by a Director of ECANSET.

1. Definitions
   1.1 “Products” shall mean the products, including Hardware and Software, as supplied by ECANSET.
   The Products may be modified or discontinued at any time in accordance with ECANSET’s continuous
   product enhancement policy. 1.2 “Hardware” shall mean the physical equipment (not Software)
   included as part of the Products. 1.3 “Software” shall mean each software program in executable or
   object code form included as part of the Products. 1.4 “List Price” shall mean the price for the
   Products as set out in ECANSET’s price list. 1.5 “Trade Price” shall mean the price for the Products as
   set forth in ECANSET’s trade price list. 1.6 “Purchase Order” shall mean a written purchase order
   using the official stationery of the Purchaser or electronic purchase order placed by the Purchaser
   using ECANSET’s website ordering service. 1.7 “Purchase Price” shall mean the amount to be paid by
   Purchaser for the Products. 1.8 “Purchaser” shall mean any party that purchases the Products. 1.9
   “Bespoke Products” shall mean Products that undergo a Purchasers specific instructions in terms of
   design, branding and /or manufacture. 1.10 “Designated Facility” shall mean ECANSET’s primary
   trading address at Flat 46, Stanley Street, Semilong Northampton, Northamptonshire, NN2 6DE, UK;
   1.11 “DSR” shall mean the Consumer Protection (Distance Selling) Regulations 2000
2. Payments, Price and Taxes
   2.1 ECANSET shall have the right at any time to revise its Purchase Price for any Products. 2.2 All
   Purchase Prices are Ex works, ECANSET’s Designated Facility. 2.3 All invoices are due for payment
   prior to shipment of the Products unless credit terms have been earlier agreed; payable to DDS’s
   Designated Facility. Payment is to be made in Pounds Sterling unless otherwise agreed in writing by a
   DDS Director. 2.4 All overdue accounts will be charged, on a daily basis, commercial interest at 4%
   above the base rate of Lloyds Bank plc. 2.5 Where ECANSET has the legal obligation to collect taxes,
   the appropriate amount shall be added to Purchaser’s invoice and paid by Purchaser unless
   Purchaser provides ECANSET with a valid tax exemption certificate authorised by the appropriate
   taxing authority. 2.6 Where a Purchase Order specifies supply of Bespoke Products, 50% of Purchase
   Price will be immediately payable following order acceptance by ECANSET.
3. Order and Acceptance
   All orders for Products submitted by Purchaser shall be initiated by a Purchase Order. No order shall
   be binding upon ECANSET until a Purchase Order has been accepted by ECANSET in writing and DDS

shall have no liability to Purchaser with respect to orders that are not accepted. DDS shall use its
reasonable commercial efforts to notify Purchaser, by facsimile or email, of the acceptance or
rejection of an order and of the assigned delivery date for accepted orders within twenty four (24)
hours after receipt of the Purchase Order. No partial shipment of a Purchase Order shall constitute
the acceptance of the entire order, except the written acceptance of such entire Purchase Order.
ECANSET shall use its reasonable commercial efforts to deliver Products at the time specified either
in the Purchase Order or in ECANSET’s written acceptance of such Purchase Order. The Purchaser
acknowledges that it has, prior to the date of the Purchase Order received all durable information e.g
(but not exhaustive) all costs, details, specifications, designs and materials in respect of the Products
and has had the opportunity of requesting further information if necessary. The Purchaser has given
all material details to ECANSET relating to the Purchase Order and Products to enable ECANSET to
process and deal with the Purchase Order. If any Purchase Order placed by the Purchaser includes
various Products which make up a kit, the Purchase Order may be processed for convenience only as
a single supply order and may be given only one supply code. Notwithstanding any discount given by
ECANSET for a Purchase Order comprising multiple Products, the Purchaser will be purchasing each
Product separately and not as a single package or kit.

4. Cancellation and Reschedule Fees
   Excluding orders for Bespoke Products which are irrevocable, should a Purchaser request to: (i)
   cancel all or any part of any Purchase Order; (ii) fail to meet any obligation hereunder, causing
   cancellation or rescheduling of any Purchase Order or portion thereof; (iii) request a rescheduling of
   the delivery of Products and the request is accepted by ECANSET; or (iv) request a configuration
   change causing rescheduling of the delivery of Products, and the request is accepted by DDS;
   Purchaser agrees to pay to ECANSET, should it be requested, the following cancellation / reschedule
   Fees: Notice Received: (% of List Price) 2 days or more prior to scheduled delivery date: 5%; 1 day or
   less prior to scheduled delivery date 10%; Recognising that the cancellation or rescheduling of any
   Purchase Order will cause additional costs to ECANSET in an amount that cannot be readily
   determined. The Purchaser agrees that the previously stated fees represent a reasonable estimate of
   the costs to ECANSET which would result from such cancellation or rescheduling. Should Purchase
   Order that is deemed irrevocable be cancelled then the full Purchase Price will be paid by Purchaser.
   In addition, there shall be no cancellation/ rescheduling fees for correction of any typographical or
   clerical errors or change of location for delivery PROVIDED THAT the Purchaser informs ECANSET
   before 24 hours of the date of shipping If the change of location for delivery applies to an order
   made in respect of any jurisdiction outside UK mainland then we reserve the right to charge a fee for
   the administration costs incurred in doing so. Other than for Purchase Orders made in person, the
   Purchaser shall have the right under DSR to cancel this agreement at any time up to seven (7)
   working days after the date of receipt of the Product (“the Cancellation Period”). This right does not
   apply to orders made for Bespoke Products or if you have taken any audio or video recording or
   computer software out of the sealed package in which it was delivered to you If the Purchaser wishes
   to cancel this agreement, they must inform ECANSET in writing within the Cancellation Period. If a
   Purchase Order comprises multiple Products then, notwithstanding that one supply code may have
   been used by ECANSETfor convenience, the Purchaser must expressly notify ECANSET of its intention
   to cancel all or any part of the Purchase Order by reference to each Product separately. ECANSET will
   not be obliged to accept notice of cancellation unless each Product to be returned is identified
   separately. If notice is given outside of the Cancellation Period it is at ECANSET’ entire discretion to
   accept such notice. Purchasers should keep evidence of any cancellation notice given. The Purchaser

must return all Products to ECANSET undamaged and in the same condition as when received in
accordance with their statutory duty under the DSR. All Products returned by the Purchaser shall be
at the Purchaser’s own cost. ECANSET shall be entitled to liquidated damages such sum being
equivalent to the cost of repair of any damage caused to or replacement of any Product damaged
beyond economical repair where the Purchaser has breached their statutory duty under DSR to
return Products. This cancellation policy does not affect the Purchasers statutory rights.

5. Availability of Product
   ECANSET will use its reasonable commercial efforts to comply with the date agreed for dispatch or
   delivery of the Products where the date is given and intended as an estimate only and is not to be
   the essence of the contract. If owing to non availability of the Products or any other causes beyond
   ECANSET’s control arise, then ECANSET shall be at liberty to propose an alternative delivery date and
   the Purchaser may have the option of cancelling the Purchase Order without penalty.
6. Property
   For so long as any amounts remain owing from the Purchaser to ECANSET (whether immediately due
   or not) title to the property of the Products shall remain in ECANSET and ownership will not pass to
   the Purchaser until ECANSET has received payment (cleared funds) in full. In the event of the
   Purchaser reselling the Products, if ECANSET has not received all amounts owing to it, the Purchaser
   shall account to ECANSET for the proceeds of any such sale and meanwhile hold all proceeds of such
   sale of such Products upon trust of ECANSET until ECANSET has received such amounts in full. At any
   time after the due date for payment from the Purchaser to ECANSET, and so long as such amounts
   have not been received by ECANSET, ECANSET shall at the Purchasers expense have the right to enter
   the Purchasers premises and remove from there Products which remain the property of ECANSET.
7. Shipping
   All Products delivered pursuant to the terms of this agreement shall be packed for shipment in
   ECANSET’s standard shipping cartons, marked for shipment to purchasers address as stated on
   Purchase Order. Unless otherwise instructed in writing by Purchaser, ECANSET shall select the carrier.
   All freight, insurance, and other shipping expenses, as well as any special packing expense, shall be
   paid by Purchaser. ECANSET will ship to Purchaser’s primary place of residence unless ECANSET has
   received in writing, instructions to ship to another location. Upon delivery of the Products to the
   Purchasers address, then risk of loss to the Products shall pass to Purchaser. If the shipping address is
   different from the Purchaser’s payment billing address, ECANSET reserve the right to only ship to the
   billing address.
8. Liability
   8.1 No liability for any claim for damage or non-functionality shall be accepted unless ECANSET is
   notified in writing by the Purchaser within two (2) days of delivery. This period may be extended at
   the sole discretion of ECANSET. If any Product is found to be faulty or the Purchaser seeks to return
   any Product or Products other than in accordance with the DSR and the Products supplied form part

of one single Purchase Order ECANSET will only be obliged to deal with each Product on a separate
basis. As an example if multiple Products are purchased from ECANSET to make up a kit then
notwithstanding that each Product has been supplied to make up a kit, if only one Product is found
to be faulty ECANSET will only be obliged to deal with that specific Product and shall not be liable to
accept a return of any other Products supplied under the same Purchase Order unless there is proper
reason for doing so. 8.2 No liability for any claim for missing items shall be accepted unless ECANSET
is notified in writing by the Purchaser within one (1) day of delivery. If you do not receive goods
ordered by you within 30 days of the date on which you ordered them, we shall have no liability to
you unless you notify us in writing at our contact address of the problem within forty (40) days of the
date on which you ordered the goods. 8.3 The Purchaser accepts an obligation to process all claims
against the Products warranty following ECANSET’s warranty procedures. 8.4 The Purchaser shall be
responsible for all carriage, telephone, postal and other incidental charges incurred during the
Products Warranty period. 8.5 ECANSET shall have no liability for any claim based upon: (i) the
combination, operation or use of the Products with equipment, devices or software not supplied or
specified by ECANSET; (ii) the alteration or modification of the Products not made by ECANSET. 8.6
ECANSET’S LIABILITY ARISING OUT OF THE SALE OF THE PRODUCTS SHALL BE LIMITED TO THE
AMOUNT PAID BY THE PURCHASER FOR THE PRODUCTS. IN NO EVENT SHALL IT BE LIABLE TO
PURCHASER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT
DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ECANSET HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Nothing in
these terms and conditions shall exclude or limit ECANSET’s liability for (i) death or personal injury
caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or
limited under applicable law.

9. Limited Product Warranty
   9.1 ECANSET warrants that the Hardware will be free from Material Defects for a period of twenty
   four (24) months from the date of delivery to Purchaser. ECANSET will perform warranty service at
   ECANSET’s Designated Facility, provided Purchaser returns the Products in accordance with
   ECANSET’s shipping instructions. ECANSET’s sole responsibility under this warranty shall be, at
   ECANSET’s option, to either repair or replace the Products. All defective Products, or defective
   components thereof, returned under this warranty shall become ECANSET’s property. If ECANSET
   determines that the original Products did not contain a Material Defect, Purchaser shall pay ECANSET
   all costs of handling, transportation, and repairs at ECANSET’s prevailing rates. 9.2 ECANSET warrants
   that any magnetic or compact diskettes on which Software is recorded will be free from defects in
   materials and workmanship under normal use for a period of ninety (90) days from the date the
   program is delivered to Purchaser. If a defect in any such diskette should occur during this period, the
   diskette may be returned to ECANSET and ECANSET will replace the diskette without charge.
   ECANSET shall have no responsibility to replace diskettes if the failure of the diskettes results from
   accident, abuse or misapplication of the diskettes. 9.3 EXCEPT FOR THE EXPRESS WARRANTIES
   STATED HEREIN, DDS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ON PRODUCTS FURNISHED
   HEREUNDER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY
   AND FITNESS FOR A PARTICULAR PURPOSE. 9.4 The Products are not represented or warranted by
   DDS to be fault tolerant and are not designed, manufactured or intended for use or resale in any

High Risk Application including but not limited to: on-line control equipment in hazardous
environments requiring fail-safe performance; the operation of nuclear facilities; aircraft navigation
or communication systems; air traffic control; direct life support systems or similar. ECANSET
specifically disclaims any express or implied warranty of fitness for use in High Risk Applications.

10. Laws
    10.1 The rights and obligations of the Purchaser shall be subject to such United Kingdom laws and
    regulations as shall from time to time govern the license and delivery of technology abroad by
    persons subject to the jurisdiction of the United Kingdom. Purchaser shall certify that it shall not,
    directly or indirectly, export, re-export or tranship the Products or any parts or copies thereof in such
    manner as to violate such laws and regulations in effect from time to time. Purchaser shall indemnify
    and hold harmless ECANSET from and against any and all losses, claims and expenses incurred by
    ECANSET as a result of the breach of the Purchasers obligations under this section.
    10.2 These terms and conditions shall be governed by and construed under the laws of England.
    10.3 If any part of these terms and conditions shall be found to be unlawful it shall not affect the
    validity or enforceability of the remainder of the conditions.
11. MISCELLANEOUS
    You may not assign, sub-license or otherwise transfer any of your rights under these terms and
    conditions. If any provision of these terms and conditions is found by any court of competent
    jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining
    provisions which shall continue to have full force and effect. Only the parties to these terms and
    conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.