Website data protection statement and at the same time information for data subjects pursuant to Art. 13 and Art. 14 EU-GDPR

1. Limitation of Liability

Contents of this website

The contents of this website are created with utmost care. The provider does not warrant the accuracy, completeness or timeliness of the content. Use of the content of the Website is at your own risk. Contributions identified by name reflect the opinion of the author and not necessarily the opinion of the provider.

Website availability

The provider will endeavor to provide the service without disruption to retrieve. Even with great care downtime can not be excluded. The provider reserves the right to modify or discontinue the service at any time.

External links

This website contains links to other websites ("external links"). These websites are the responsibility of the operator. The provider has made the first connection of the external links to external content to establish whether there are any legal violations. At the time no violations were found. The provider has no influence on the current and future design and content of linked pages. The inclusion of external links does not mean that the provider adopts the reference or link content to own. Constant monitoring of these external links is for the provider without concrete evidence of legal violations. With knowledge of rights violations, such external links will be deleted immediately.

Adverts

The content of the adverts the respective author is responsible, as well as for the content of the advertised website. The presentation of the advertisement does not constitute acceptance by the provider

Contractual relationship

The use of this website does not create any contractual relationship between the user and the provider. Respect, there are no contractual or quasi-contractual claims against the manufacturer.

2. Copyright

The information published on this website are subject to German copyright. Each of the German copyright law requires the prior written consent of the provider or their respective owners. This applies in particular to reproduction, adaptation, translation, storage, processing and reproduction of contents in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or distribution of individual contents or complete pages is prohibited and punishable. Only the production of copies and downloads for personal, private and non-commercial use is permitted.

Links to this website are welcome at any time and require no permission from the website owner. The presentation of this website in external frames is only allowed with permission.

3. Data protection

General Information

Information about the controller
Company: FLURO^®-Gelenklager GmbH
Legal representative: Reiner Höhn
Address: Siemensstr. 13, 72348 Rosenfeld, Germany
Contact details for data protection officer: Daniela Höhn
This email address is being protected from spambots. You need JavaScript enabled to view it.

General data processing information

Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a DSGVO serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) f DSGVO serves as the legal basis for the processing.

Affected data

Personal data is only collected if you communicate it to us yourself. Apart from that, no personal data is collected. Any processing of your personal data that goes beyond the scope of the statutory permission is only possible on the basis of your express consent.
Processing purpose: Contract execution.
Categories of recipients: Public authorities in the event of priority legislation. External service providers or other contractors. Other external bodies in so far as the data subject has given his consent or a transmission is permitted due to a prevailing interest.
Third-country transfers: As part of contractual execution, processors could also be used outside the European Union.
Duration of data storage: The duration of data storage depends on the statutory storage requirements and is usually 10 years.

Specific information about the website

Use of a newsletter

When registering for our newsletter, you provide us with your email address and, on an optional basis, other information. We use these data solely for the purpose of sending you the newsletter. We retain the data that you disclose in your newsletter application until you cancel your subscription to our newsletter. You can unsubscribe at any time via the link in the newsletter intended for this purpose, or by sending us the appropriate notification. By unsubscribing, you revoke the use of your email address.

We also use your email address, which we receive in connection with the sale of a product or service, exclusively for direct advertising in the form of our newsletter for products or services that we sell that are similar to the ones you ordered, provided that you have not objected to having your email used in this way. You may object to the use of your email address at any time without incurring any costs other than the transmission costs according to the basic rates. Your objection (and thus the cancellation of our newsletter) can be communicated by sending the appropriate message to our email address (see the Legal Notice).

Google Analytics

Description of service
This is a web analytics service.

Company which processes the data
Google Ireland Limited
Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data purposes
This list represents the purposes of the data collection and processing.

Analytics

Technologies used
This list represents all technologies this service uses to collect data.

Cookies
Pixel

Data collected
This list represents all (personal) data that is collected by or through the use of this service.

Browser information
Click path
Date and time of visit
Downloads
Flash version
Location information
IP address
JavaScript support
Pages visited
Purchase activity
Referrer URL
Usage data
Widget interactions

Legal basis
In the following the required legal basis for the processing of data is listed.

Art. 6 para. 1 s. 1 lit. a GDPR

Location of processing
This is the primary location where the collected data is being processed. If the data is also processed in other countries, you are informed separately.

European Union

Retention period
The retention period is the time span the collected data is saved for the processing purposes. The data needs to be deleted as soon as it is no longer needed for the stated processing purposes.

The Retention Period depends on the type of the saved data.
Each client can choose how long Google Analytics retains data before automatically deleting it.

Data recipients
Alphabet Inc.
Google LLC
Google Ireland Limited

Data Protection Officer
Below you can find the email address of the data protection officer of the processing company.

https://support.google.com/policies/contact/general_privacy_form

Distribution to third countries
This service may forward the collected data to a different country. Please note that this service might transfer the data outside of the EU/EEA and to a country without the required data protection standards. If the data is transferred to the US, there is a risk that your data can be processed by US authorities, for control and surveillance measures, possibly without legal remedies. Below you can find a list of countries to which the data is being transferred. This can be for different reasons like storing or processing.

Worldwide

Click here to read the privacy policy of the data processor
https://policies.google.com/privacy?hl=en

Click here to opt out from this processor across all domains
https://tools.google.com/dlpage/gaoptout?hl=en

Click here to read the cookie policy of the data processor
https://policies.google.com/technologies/cookies?hl=en

Storage information
Below you can see the longest potential duration for storage on a device, as set when using the cookie method of storage and if there are any other methods used.

Maximum age of cookie storage: 2 years

Google Maps

Service description
This is a web mapping service.

Company processing the data
Google Ireland Limited
Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data Protection Officer

https://support.google.com/policies/troubleshooter/7575787?hl=en

Data processing purposes
This list represents the purposes of data collection and processing.

Showing maps

Technologies used
This list includes all technologies used by this service to collect data. Typical technologies are cookies and pixels placed in the browser.

Cookies

Collected data
This list contains all (personal) data collected by or through the use of this service.

Date and time of the visit
Location information
IP address
URL
Usage data

Legal basis
The following is the required legal basis for processing data.

Art. 6 para. 1 s. 1 lit. b GDPR

Place of processing
This is the primary location where the collected data is processed. If the data is also processed in other countries, you will be informed separately.

European Union

Retention period
The retention period is the length of time that the collected data is stored for processing. The data must be deleted as soon as it is no longer needed for the specified processing purposes.

The data will be deleted as soon as it is no longer needed for the processing purposes.

Transfer to third countries
This service may transfer the collected data to another country. Please note that this Service may transfer data outside the European Union and the European Economic Area and to a country that does not provide an adequate level of data protection. If the data is transferred to the U.S., there is a risk that your data may be processed by U.S. authorities for control and monitoring purposes, without you possibly having any legal remedies. Below is a list of countries to which the data will be transferred. This may be for various purposes, such as storage or processing.

Worldwide

Data recipients
The following is a list of the recipients of the data collected.

Google Ireland Limited
Google LLC
Alphabet Inc

Click here to read the privacy policy of the data processor
https://www.google.com/intl/de/policies/privacy/

Cookie Policy Info text
https://policies.google.com/technologies/cookies?hl=en

Click here to unsubscribe from this processor for all domains
https://safety.google/privacy/privacy-controls/

Storage information
Below you can see the longest possible duration for storage on a device, as set when using the "cookie" storage method.

Maximum duration of cookie storage: 6 months

 

Matomo

Description of service
This is an open-source web analytics service. Matomo is providing the technology. However, Matomo is not processing any data as the data is not being transferred to Matomo (Self hosting).

Company which processes the data
FLURO-Gelenklager GmbH
Siemensstr. 13
72348 Rosenfeld
Germany

Data Protection Officer
Below you can find the email address of the data protection officer of the processing company.

This email address is being protected from spambots. You need JavaScript enabled to view it.

Data purposes
This list represents the purposes of the data collection and processing.

Analytics
Event tracking

Technologies used
This list represents all technologies this service uses to collect data. Typical technologies are Cookies and Pixels that are placed in the browser.

Cookies

Data collected
This list represents all (personal) data that is collected by or through the use of this service.

Time of users previous visit
Screen resolution
Files clicked or downloaded
Links to outside domain clicked
User ID
IP address
Page speed
Page URL
Number of users visits
User agent
Browser information
Time zone
Time of users first visit
Date and time of visit
Page title
Referrer URL
Usage data
Geographic location

Legal Basis
In the following the required legal basis for the processing of data is listed.

Art. 6 (1) (f) GDPR

Location of processing
This is the primary location where the collected data is being processed. If the data is also processed in other countries, you are informed separately.

European Union

Duration to store the data
The retention period is the time span the collected data is saved for the processing purposes. The data needs to be deleted as soon as it is no longer needed for the stated processing purposes.

The data will be deleted as soon as they are no longer needed for the processing purposes.

Click here to opt out from this processor across all domains
https://matomo.org/privacy-policy/#optout

Click here to read the privacy policy of the data processor
https://matomo.org/privacy-policy/

Click here to read the cookie policy of the data processor
https://usercentrics.com/privacy-policy/

Facebook

Social network; service provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.2343ec78a04c6ea9d80806345d31fd78-gdprlock; Privacy Statement: https://www.2343ec78a04c6ea9d80806345d31fd78-gdprlock/about/privacy; Privacy Shield (ensuring privacy level for processing of data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; Opt-Out: Settings for advertisements: https://www.2343ec78a04c6ea9d80806345d31fd78-gdprlock/settings?tab=ads; Additional Privacy Notice: Agreement on joint processing of personal data on Facebook Pages: https://www.2343ec78a04c6ea9d80806345d31fd78-gdprlock/legal/terms/page_controller_addendum, Privacy Notice for Facebook Pages: https://www.2343ec78a04c6ea9d80806345d31fd78-gdprlock/legal/terms/information_about_page_insights_data.

Instagram

Social network; service provider: Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA; Website: https://www.8dc6460bbbb088757ed67ed8fb316b1b-gdprlock; Privacy Policy: https://8dc6460bbbb088757ed67ed8fb316b1b-gdprlock/about/legal/privacy.

XING

Social network; service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website: https://www.xing.de; Privacy Policy: https://privacy.bdba38763ef4867adfd654759bde6f73-gdprlock/de/datenschutzerklaerung.

LinkedIn

Social network; service provider: LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA; website: https://www.f54db463750940e0e7f7630fe327845e-gdprlock; security measures: IP Masking (pseudonymization of the IP address); Privacy Policy: https://www.f54db463750940e0e7f7630fe327845e-gdprlock/legal/privacy-policy, Cookie Policy: https://www.f54db463750940e0e7f7630fe327845e-gdprlock/legal/cookie_policy; Opt-Out: https://www.f54db463750940e0e7f7630fe327845e-gdprlock/psettings/guest-controls/retargeting-opt-out.

YouTube

Description of service
This is a video player service.

Company which processes the data
Google Ireland Limited
Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data Protection Officer
Below you can find the email address of the data protection officer of the processing company.

https://support.google.com/policies/contact/general_privacy_form

Data purposes
This list represents the purposes of the data collection and processing.

Displaying videos

Technologies used
This list represents all technologies this service uses to collect data. Typical technologies are Cookies and Pixels that are placed in the browser.

Cookies (if "Privacy-Enhanced Mode" is not activated)

Data collected
This list represents all (personal) data that is collected by or through the use of this service.

IP address
Referrer URL
Watched Videos

Legal Basis
In the following the required legal basis for the processing of data is listed.

Art. 6 para. 1 s. 1 lit. a GDPR

Location of processing
This is the primary location where the collected data is being processed. If the data is also processed in other countries, you are informed separately.

European Union

Duration to store the data
The retention period is the time span the collected data is saved for the processing purposes. The data needs to be deleted as soon as it is no longer needed for the stated processing purposes.

The data will be deleted as soon as they are no longer needed for the processing purposes.

Distribution to third countries
This service may forward the collected data to a different country. Please note that this service might transfer the data outside of the EU/EEA and to a country without the required data protection standards. If the data is transferred to the US, there is a risk that your data can be processed by US authorities, for control and surveillance measures, possibly without legal remedies. Below you can find a list of countries to which the data is being transferred. This can be for different reasons like storing or processing.

Worldwide

Data recipients
In the following the recipients of the data collected are listed.

Alphabet Inc.
Google LLC
Google Ireland Limited

Click here to opt out from this processor across all domains
https://safety.google/privacy/privacy-controls/

Click here to read the privacy policy of the data processor
https://policies.google.com/privacy?hl=en

Click here to read the cookie policy of the data processor
https://policies.google.com/technologies/cookies?hl=en

Leadinfo

Description of service
This is a lead generation service.

Company which processes the data
Leadinfo B.V.
Rivium Quadrant 141
2909 LC Capelle aan den IJssel
Netherlands

Data purposes
This list represents the purposes of data collection and processing.

Analysis
Statistics
Marketing

Technologies used
This list includes all technologies used by this service to collect data. Typical technologies are cookies and pixels placed in the browser.

IP address
Cookies

Data collected
This list contains all (personal) data collected by or through the use of this service.

Name Company
Street
Postal code
City
State
Distance
Country
Employees
SIC code
Branch
Chamber of Commerce
Legal form
Established
RSIN
VAT No.
URL
Phone number
Pages
First session
Last session
Sessions
Visitors
Days
Duration
Turnover
E-mail address

Legal basis
The following is the required legal basis for processing data.

Art. 6 para. 1 s. 1 lit. a GDPR

Location of processing
This is the primary location where the collected data is processed. If the data is also processed in other countries, you will be informed separately.

European Union

Retention period
The retention period is the length of time that the collected data is stored for processing. The data must be deleted as soon as it is no longer needed for the specified processing purposes.

The data will be deleted as soon as it is no longer needed for the processing purposes.
 
Data recipient
Leadinfo B.V., The Netherlands

Data Protection Officer
Below you will find the e-mail address of the data protection officer of the processing company.

https://www.leadinfo.com/en/privacy/

Distribution to third countries
This service may transfer the collected data to another country. Please note that this service may transfer data outside the European Union and the European Economic Area and to a country that does not provide an adequate level of data protection. If the data is transferred to the U.S., there is a risk that your data may be processed by U.S. authorities for control and monitoring purposes, without you possibly having any legal remedies. Below is a list of countries to which the data will be transferred. This may be for various purposes, such as storage or processing.

Worldwide

Click here to read the privacy policy of the data processor
https://www.leadinfo.com/en/privacy/

Click here to unsubscribe from this processor for all domains
https://www.leadinfo.com/en/opt-out/

AddThis

Based on your consent this website uses social plugins from Add This, LLC, 8000 Westpark Dr., Suite 625, McLean, VA 22102 (“AddThis”). If you press a button in such an AddThis plug-in, your browser establishes a direct connection with the AddThis servers and, if applicable, the selected social network. This tells AddThis that you have accessed the corresponding page of our website. The website operator has no influence on the type and extent of the data collected and transmitted to AddThis and, if applicable, the social networks.

Google Fonts

Service description
This is a collection of fonts for commercial and personal use.

Company processing the data
Google Ireland Limited
Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data processing purposes
This list represents the purposes of data collection and processing.

Provision of fonts
Analysis

Data collected
This list contains all (personal) data collected by or through the use of this service.

CSS requests
IP address
Font file requests
Collected usage data
Referrer URL

Legal basis
The following is the required legal basis for processing data.

Art. 6 para. 1 s. 1 lit. b GDPR

Place of processing
This is the primary location where the collected data is processed. If the data is also processed in other countries, you will be informed separately.

European Union

Retention period
The retention period is the length of time that the collected data is stored for processing. The data must be deleted as soon as it is no longer needed for the specified processing purposes.

The data will be deleted as soon as it is no longer needed for the processing purposes.

Transfer to third countries
This service may transfer the collected data to another country. Please note that this Service may transfer data outside the European Union and the European Economic Area and to a country that does not provide an adequate level of data protection. If the data is transferred to the U.S., there is a risk that your data may be processed by U.S. authorities for control and monitoring purposes, without you possibly having any legal remedies. Below is a list of countries to which the data will be transferred. This may be for various purposes, such as storage or processing.

Worldwide

Data recipients
The following is a list of the recipients of the data collected.

Alphabet Inc.
Google LLC
Google Ireland Limited

Click here to read the privacy policy of the data processor
https://policies.google.com/privacy?hl=en

Cookie Policy Info text
https://policies.google.com/technologies/cookies?hl=en

Click here to unsubscribe from this processor for all domains
https://safety.google/privacy/privacy-controls/

Cookies

This website uses “cookies” to increase user-friendliness (“cookies” are text files sent by the web server to the user’s browser and stored there for later retrieval). Our “cookies” never store any personal information. You can prevent the use of “cookies” in general if you set your browser to disallow the storage of “cookies.” We want to give you the opportunity to make an informed decision for or against the use of cookies, which are not absolutely necessary for the technical functions of the website. In order to further improve our offer and our website, we collect anonymous data for statistics and analysis. With the help of these cookies we can, for example, determine the number of visitors and the effect of certain pages of our website and optimise our content. Analysis cookies and tags enable us to generate overall statistics, e.g. on the number of hits, which areas of the web pages are most frequently visited, which pages are most frequently visited and information on locations and the average length of time spent on the website. This enables us to improve the quality of our websites and the content.

Information about other data processing procedures

Specific information about the application process

Affected data: Application information
Processing Purpose: Implementation of application process
Categories of recipients: Public authorities in the event of priority legislation. External service providers or other contractors. Other external bodies in so far as the data subject has given his consent or a transmission is permitted due to a prevailing interest.
Third-country transfers: As part of contractual execution, processors could also be used outside the European Union.
Duration of data storage: Application data will generally be deleted within four months after communication of the decision, unless consent has been given for a longer period of data storage.

Specific information for the processing of customer data/prospective parties’ data

Affected data: Data communicated for contract execution; if necessary, additional data for processing on the basis of your express consent.
Processing Purpose: Contract execution et al Offers, orders, sale and invoicing, quality assurance.
Categories of recipients: Public authorities in the event of priority legislation. External service providers or other contractors. Other external bodies in so far as the data subject has given his consent or a transmission is permitted due to a prevailing interest.
Third-country transfers: As part of contractual execution, processors could also be used outside the European Union.
Duration of data storage: The duration of data storage depends on the statutory storage requirements and is usually 10 years.

Specific information on the processing of employee data

Affected data: Data communicated for contract execution; if necessary, additional data for processing on the basis of your express consent.
Processing Purpose: Contract execution within the employment relationship.
Categories of recipients: Public authorities in the event of priority legislation. External service providers or other contractors. Other external bodies in so far as the data subject has given his consent or a transmission is permitted due to a prevailing interest.
Third-country transfers: As part of contractual execution, processors could also be used outside the European Union.
Duration of data storage: The duration of data storage depends on the statutory storage requirements and is usually 10 years.

Specific information for the processing of supplier data

Affected data: Data communicated for contract execution; if necessary, additional data for processing on the basis of your express consent.
Processing Purpose: Contract execution, et al Inquiries, Purchasing, Quality Assurance.
Categories of recipients: Public authorities in the event of priority legislation. External service providers or other contractors. Other external bodies in so far as the data subject has given his consent or a transmission is permitted due to a prevailing interest.
Third-country transfers: As part of contractual execution, processors could also be used outside the European Union.
Duration of data storage: The duration of data storage depends on the statutory storage requirements and is usually 10 years.

Further information and contacts

In addition, you may invoke your rights to information, correction or deletion at any time, to restrict processing, to object to processing, and to data portability. Here you will find the option to contact us by E-Mail or

letter. You also have the right to contact the data protection supervisory authority for complaints.

4. Applicable Law

It is only the law of the Federal Republic of Germany.

5. Special conditions of use

As far as the first special conditions for individual uses this site to the above number to 4 representation, is at the appropriate junctures. In this case, in each individual case, the specific conditions of use.

! Attention ! On point 1 - external links:
The Regional Court of Hamburg decided with judgment of 12.05.1998 that one has to answer by placing a link on the contents of the linked site may be. This can - so the LG - only be prevented that by explicitly distancing oneself from these contents. We have on this page links to other sites on the Internet. For all these links: "We want to emphasize that we have no influence on the design and content of such pages that we dissociate ourselves from all contents of all linked pages on this website, including all sub-pages. This declaration applies to all links on this homepage and for all contents of these pages. "

Source: Juraforum.de - Disclaimer, judgments, Lawyers, Law & Encyclopedia

© All rights reserved 2024
The acquisition of the contents or excerpts, require the approval of the FLURO^®-Gelenklager GmbH.

Purchase Conditions Import

(Version December 2017)

Applicable in business transactions with companies, legal entities under public law and special funds under public law.

1. General provisions

Our Conditions of Purchase apply exclusively; we will only recognize General Terms and Conditions of the Supplier which conflict with, or deviate from, our Conditions of Purchase to the extent that we have provided our express, written consent thereto. The acceptance of goods or deliveries from the Supplier (hereinafter referred to as the contractual object) or payment for these does not signify consent.

2. Conclusion of the contract and contractual amendments

2.1. Orders, acceptances, call-off contracts, supply contracts and other legal transactions to be concluded between ourselves and the Supplier as well as all amendments and supplements require the text form.

2.2. Our enquiries of the Supplier are only invitations to the Supplier to issue an offer.

2.3. Quotations are binding and are provided free of charge, unless expressly agreed otherwise.

2.4. The Supplier must confirm our order promptly and in writing, at the latest, within 3 days of receipt, otherwise we will be entitled to cancel our order.

2.5. Within the scope of what is reasonable for the Supplier, we may request amendments to the contractual object in construction and design. Any effects of such amendments, in particular, in respect of increased or reduced costs and changes to delivery deadlines, are to be regulated appropriately and by mutual agreement. Amendments by the Supplier require prior, written consent by us in order to be effective.

2.6. The Supplier undertakes personally to review drawings, calculations, specifications and other instructions from us, within the scope of its general and particular, specialist knowledge, for errors and inconsistencies and, where appropriate, to notify us without delay and in writing of any concerns so that these can be clarified.

2.7. The Supplier bears the procurement risk for the goods.

3. Delivery deadlines, transfer of risk and shipping

3.1. Delivery deadlines and periods specified in the order or call-off are binding.

3.2. The delivery must, unless otherwise agreed, be made to us or to a place of delivery specified by us DDP in accordance with Incoterms 2010.

3.3. For compliance with the delivery deadline or delivery period, receipt of the contractual object and the shipping documents by ourselves or by the receiving point is determinative.

3.4. Where agreed deadlines are not upheld, statutory provisions will apply. Insofar as the Supplier experiences difficulties with respect to manufacturing, obtaining the primary materials, compliance with delivery deadlines or there are similar circumstances, which prevent the Supplier from delivering on time or with the level of quality agreed, the Supplier must inform us immediately.

3.5. Unconditional acceptance of a delayed delivery or service does not represent a waiver by us of any entitlement to compensation as a result of the delayed delivery or services, this will apply until complete payment owed by us for the relevant delivery or services.

3.6. Partial deliveries are strictly prohibited, unless we have expressly consented to these or these are reasonable for us.

3.7. Where the Supplier has agreed to carry out installation or assembly and unless otherwise agreed, subject to deviating provisions, the Supplier will bear all necessary ancillary expenses such as, for example, travel expenses, provision of tools.

3.8. In the case of deliveries deviating from the ordered quantities and for deliveries ahead of schedule, we reserve the right to refuse acceptance of the delivery at the expense of the Supplier or to adjust the value of the invoice accordingly.

3.9. The Supplier must package the goods appropriately.

3.10. The Supplier warrants that the goods do not contain any materials, which fall within the scope of the prohibition on hazardous substances in EC Directive 2011765/EU (RoHS). The Supplier further warrants that materials incorporated in the goods and their use(s) are either already registered or exempt from the registration duty according to (EC) Regulation No. 1907/2006 (REACH Regulation) and that, if required, the certification issued under the REACH regulation is available. The Supplier will also, if necessary, compile the Safety Data Sheet in accordance with Annex II of the REACH Regulation and provide this to us. Where the goods delivered are classified as dangerous goods under international regulations, the Supplier will inform us of this, at the latest upon confirmation of the order.

3.11. The Supplier must provide us with appropriate assistance in obtaining customs and other public benefits and will provide evidence and documentation that we request in this regard, in particular, certificates of origin.

4. Force majeure

Force majeure, riots, official interventions or other unavoidable events release us and the Supplier, for the duration of the disruption and in the scope of its effects, from our performance obligations.

5. Pricing and payment terms

5.1. Prices are fixed prices. All additional delivery costs (customs duties, packaging, transportation, insurance) must be indicated separately by the Supplier in its offer and, with the exception of statutory VAT and in the absence of contrary, written agreement, must be borne by the Supplier. Increases in the price of the contractual object, including increased additional delivery costs, require our prior, written consent in order to be effective.

5.2. Insofar as no other agreement has been reached, invoices must be settled either within 14 days less 3% cash discount or within 30 days without a discount as of the payment due date and receipt of the invoice and goods or provision of the services. Payment is made subject to invoice verification.

5.3. We hold rights of set-off, rights of retention and the right to plead non-performance of the contract in accordance with statutory provisions. We are, in particular, entitled to retain payments due, so long as we are entitled to make claims against the Supplier arising from incomplete or defective services.

6. Quality

6.1. The Supplier guarantees, that its goods and services possess the characteristics, qualities and features specified in the order and correspond to the specifications, drawings, samples and other descriptions provided by us.

6.2. The Supplier is obliged to carry out quality assurance of a suitable nature and scope, corresponding to the current state of the art.

6.3. Where initial samples or approval samples are requested, the Supplier may begin series production only after having received our formal, written approval.

6.4. We expect the Supplier to constantly adjust the quality of the products to be delivered to us to the most recent state of the art and to advise us of potential improvements, as well as technical changes. Changes in the contractual object delivered by the Supplier, however, always require our prior written consent.

6.5. The Supplier warrants and guarantees that all legal and environmental requirements of the Federal Republic of Germany are met.

7. Notification of defects

We must notify the Supplier of defects in the contractual object as soon as these are identified in the normal course of business, within 10 working days. In this respect, the Supplier shall waive any plea for late notification of defects. Our obligation to examine for defects and to notify defects is limited to examination of quantitative details on the relevant delivery note and to visually discernible shipping damage upon delivery (visual defects). Any further obligation to examine for defects and to notify defects does not form part of these Conditions and the Supplier expressly waives its right to object to notification of defects carried out improperly according to § 377 German Commercial Code.

Our payment does not represent recognition that the delivery is free from defects.

8. Warranty

8.1. The Supplier is responsible for the defect-free condition of the contractual objects. In particular, it warrants that the contractual objects use the latest technological advances, comply with generally-recognized technical safety regulations issued by competent authorities and professional associations and are in accordance with relevant legislation.

8.2 Statutory provisions in relation to material defects and defects in title will apply, unless otherwise agreed hereinafter.

8.3 As a matter of principle, we have the right to choose the kind of subsequent performance. The Supplier can reject the kind of subsequent performance that we choose if this is only possible at unreasonable costs for the Supplier.

8.4 In the event that the Supplier fails to begin to rectify defects promptly following our request for rectification, we are entitled, in urgent cases, in particular to avert danger or major damage, to carry out rectification work ourselves or to contract third parties to do so.

8.5 In the event of defects in title, the Supplier will indemnify us against any third party claims, unless it is not responsible for the defects in title.

8.6 Claims for defects become statute-barred - except in cases of fraudulent intent - in 3 years, unless the item has been used for a building structure according to its usual purpose and has caused defects in that structure. The limitation period commences upon delivery of the contractual object (transfer of risk).

8.7 For contractual objects, which cannot continue in operation during examination for defects and/or removal of defects, the warranty period already commenced will extend by the period of operational interruption.

8.8 In the event of exchange, or in cases where the rectified contractual object displays the same defect or where a defect occurs as a consequence of rectification, the limitation period will begin to run again.

8.9 Where we incur costs as a result of the defective delivery of the contractual object, in particular, shipping, travel, labour, installation, dismantling or materials costs or where the costs of an incoming goods inspection exceed the customary costs, the Supplier must bear these costs.

8.10 Other claims by us as a result of breach of contract or violation of other obligations remain unaffected.

9. Product liability

9.1. In the event that a claim is made against us on the basis of product liability, the Supplier undertakes to indemnify us against such claims by third parties, if and to the extent that a fault is caused by the contractual object delivered by the Supplier. This will only apply in cases of fault-based liability where the Supplier is at fault.

9.2. In the instances at Article 9.1, the Supplier will cover all costs and expenses, including any costs of taking legal action.

9.3. Otherwise, the statutory provisions shall apply.

9.4. Prior to a recall campaign, which results, in whole or in part, from a defect in the contractual object delivered by the Supplier, we will inform the Supplier, providing it with the opportunity to collaborate and discuss with us how to implement the campaign effectively, unless notification of, or collaboration by, the Supplier is impossible on account of particular urgency. Insofar as a recall campaign results from a defect of the contractual object delivered by the Supplier, the Supplier will bear the costs of the recall campaign.

9.5. The Supplier undertakes to take out business and product liability insurance to cover all risks arising in connection with the supply of the contractual objects, which also includes recall measures with global coverage and a coverage amount of at least 5,000,000.00 euros per event of damage and shall maintain this insurance cover for the duration of the supply relationship and for five years following its expiry. Upon request, the Supplier will issue a corresponding certificate of insurance to us.

10. Execution of works

The Supplier's personnel, who execute works in fulfilment of the contract on works premises belonging to us or to third parties specified by us, must observe the provisions of the work regulations set down by us or by the third parties specified by us. Liability for accidents suffered by such personnel on these premises is excluded, insofar as such accidents are not caused by wilful or grossly negligent breach of obligations by our legal representatives or vicarious agents.

11. Provision/retention of title

Materials, parts, containers and specialist packaging provided by us remain our property. These must only be used in accordance with their intended purpose. Processing of materials and assembly of parts is effected on our behalf. It is agreed that we will have co-ownership of the object produced at the ratio of the value of the goods provided to the value of the object manufactured using materials and parts provided by us, which, to this extent, will be kept in safe custody for us by the Supplier.

12. Non-disclosure

12.1. The Contracting Parties undertake to treat as trade secrets all business and technical details not in the public domain, which they become aware of in the course of their commercial relationship.

12.2. Drawings, models, templates, samples and other objects must not be provided nor otherwise made accessible to unauthorized third parties and must only be used for the purposes of the respective contract between the Supplier and ourselves and not for any other purpose of the Supplier. Reproduction of such items is only permissible within the scope of operational requirements and copyright provisions.

12.3. Subcontractors must be bound by the same obligations.

12.4. The Contracting Partners may only advertise their business ties with prior, written permission.

13. Compliance

13.1. The Supplier undertakes to comply with statutory regulations covering employment rights, environmental protection and health and safety and to strive to reduce the adverse effects of its activities on people and the environment. In this respect the Supplier shall make every feasible effort to establish and develop a management system in accordance with ISO 9001 and a management system in accordance with ISO 14001. Further, the Supplier shall observe the basic principles of the UN Global Compact Initiative. These relate primarily to the protection of international human rights, collective bargaining rights, the elimination of forced labour and child labour, the elimination of discrimination in employment and occupation, responsibility for the environment and anti-corruption.

13.2. In the event that the Supplier acts unlawfully on repeated occasions and/or in spite of a corresponding warning, and fails to provide evidence that the infringement of the law was remedied as quickly as possible and appropriate measures were taken to avoid future infringements of the law, we reserve the right to withdraw from existing contracts or to terminate these without notice.

14. Transfer and use of performance resources

We will obtain title to appliances, models, tools, samples, drawings and other documentation prepared by the Supplier based on our instructions, against payment. From this point, such items will be on loan to the Supplier from us. Operating materials may only be used in the course of performance of the offer or to execute the contractual object or services ordered. Absent prior, written permission from us, these may not be made accessible to third parties nor used for deliveries to third parties. They must be kept in safe custody by the Supplier, for no charge and at its own risk, and returned to us upon our request at any time, without the Supplier being able to rely on a right of retention, unless the Supplier has a contractual right of ownership to the same.

15. Protected rights

15.1. The Supplier warrants that no third-party rights are infringed within the Federal Republic of Germany and the EU in connection to its deliveries.

15.2. The Supplier's indemnity obligation pertains to all expenses inevitably incurred through or in connection with the claims asserted by a third party.

15.3. The Supplier's aforementioned obligation to meet claims does not apply if the Supplier has produced the delivered contractual object based on drawings, models, or other equivalent descriptions or indications provided by us and does not know or is not required to know, in relation to the goods developed by the Supplier itself, that property rights are being thereby violated.

15.4. The limitation for these indemnity claims is 3 years from the time at which we become aware of the claim asserted by a third party.

16. Other provisions

 16.1. The place of performance for payments is our business headquarters as recorded in the Commercial Register.

16.2. The laws of the Federal Republic of Germany shall apply to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

16.3. Insofar as the Supplier is a merchant, a legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be our business headquarters. We are also entitled to initiate claims at the Supplier's registered office.

Imprint

The details given on this website are for general information. We accept no liability for the content on this web site. For deliveries and other services we refer exclusively to our general business terms and conditions. Due to continuous development of our products, we reserve the right to carry out changes and improvements without prior notice. The reproduction, editing, transmission or any type of use beyond the scope of copyright law shall require the written permission of the respective author or creator.