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Terms & Conditions

 
 

1. Preface

1.1 The following terms and conditions exclusively apply to the costumer’s deliveries and services. Other general terms and conditions shall not apply, even if we do not contradict them expressly.

1.2 Our terms of purchase shall also exclusively apply to all future deliveries and services, even if not explicitly stipulated in a future contract.

1.3 Notes on the application of statutory provisions only serve clarification purposes. Even without such clarification, the statutory provisions apply insofar as they are not directly modified or excluded in these conditions of purchase.


2. Conclusion of Contract

2.1 All orders and contracts as well as their amendments or supplements must be in writing in order to be effective.

2.2 We are entitled to cancel our orders free of charge, if they have not been confirmed unchanged within two weeks after receiving.


3. Prices, Payments, Claims

3.1 The prices agreed are fixed prices. They shall include all services, ancillary obligation and associated costs (e.g. packaging, transport, insurance, custom duties) of the contractor. All prices include statutory sales tax if they are not stated separately.

3.2 Unless individually agreed otherwise, invoices shall be due within 14 days at a 3% discount or – at our discretion – within 30 days after the receipt of the goods and a proper invoice. The goods must be free from any defects.

3.3 Invoices shall be sent to us separately, stating our order number. In the event an invoice does not correspond to the requirements of a proper invoice, it will be sent back. The payment period is suspended from the receipt of an erroneous invoice until we receive a proper invoice.

3.4 The contractor is only entitled to offset or exercise any right of retention over our claims if his counterclaim is undisputed, has been established by a court of law or is ready for a decision by court.


4. Performance, Delivery, Shipping Costs, Risk Transfer

4.1 Without our prior written consent, the contractor may not employ any third party to fulfill the main performance under the contract.

4.2 Unless individually agreed otherwise, deliveries are understood DDP Factory Maxdorf according to Incoterms ® 2010.

4.3 Notwithstanding the agreed price positions, the risk of accidental loss and accidental deterioration of the delivered goods is transferred to us upon the handing over of the goods at the specified delivery address by us. If acceptance is agreed or provided by law, this point of time shall be relevant for the transfer of risk. The transfer of risk also takes place, when we are in default of acceptance.

4.4 Unless individually agreed otherwise, the goods shall be delivered in standard disposable packaging. Re-useable packaging shall be provided to us on loan. The returns shall be sent at the contractor’s cost and risk.

4.5 The goods and services must comply with current statutory safety and environmental regulations. In particular, the contractor warrants that all goods comply with the obligations contained in the specifications of the REACH Regulation. Relevant information (material safety data sheets etc.) shall be given to us as soon as possible.


5. Date of Delivery

5.1 Agreed deadlines for deliveries and services shall be binding. Decisive for meeting the delivery date is the receipt of goods with the required shipping documents at our place. If acceptance is required by law, the date of acceptance is crucial.

5.2 As soon as the contractor recognizes that he may not meet his contractual obligations on the whole or in part or by the given deadline, he shall inform us immediately in writing stating the reasons and the expected duration of the delay. In these cases the unconditional acceptance of a delayed delivery or of service does not constitute a waiver of claims to which we are entitled due to the delayed delivery or service.

5.3 Premature deliveries and services or partial deliveries / services are subject to our express permission.


6. Liability for Defects

6.1 For our rights for quality defects and defects of title of the goods and for other breaches of duty by the contractor, the statutory provisions shall apply, unless otherwise determined in the following sections.

6.2 In the process of our inspections at receiving the goods obvious defects will be reported at the latest within 14 working days after the receipt of the goods. Hidden defects that become apparent later will be reported at the latest within 14 working days upon discovery. If defects are reported within 14 working days, the contractor shall waive the right to assert that the defects have been asserted too late. If acceptance is agreed or provided by law, there is no duty to inspect the goods.

6.3 In the event deliveries and services have to be fulfilled according to our plans, drawings or other special requirements (e.g. specific purpose), the contractor agrees hereby that those characteris- tics are expressly warranted.

6.4 Expended costs for the examination or repair of the goods shall be borne by the contractor even if it turns out that in fact no defect existed. The costs will be compensated by us, if we have recognized or gross negligent have not recognized that no defect existed.

6.5 In deviation from Section 438 para.1 No.3 BGB (German Civil Code), the general statute of limitations for defect claims lasts three years after the transfer of risk. If acceptance is agreed or provided by law, the statute of limitations begins with the acceptance of the work. For newly delivered parts or repaired parts the limitation period begins to run anew, unless the contractor explicitly corrects the defect on a goodwill basis.

6.6 The contractor shall indemnify us against all claims asserted by third parties due to a quality defect or a defect of title of the delivered goods.


7. Retention of Title, Confidentiality, Data Privacy

7.1 For the goods supplied to us, we only accept a simple retention of ownership of the contractor.

7.2 In our models, technical documents, drawings, plans, calculations etc. which we make available to the contractor we reserve ownership and copyright. Such documents and other items may only be used under the contract.

7.3 The contractor is obligated to treat all commercial and technical information that he gains throughout the business relationship confidentially and not to disclose any information to third parties. This also applies to the relationship itself.

7.4 We point out that we store personally identifiable information transmitted to us in the business relationship. For the execution of the contract it may be necessary to disclose personal data within the EM-Technik group.


8. Commercial Terms

Interpretation and application of the trade terms agreed upon pursuant to the International Commercial Terms (Incoterms) shall be subject to the Incoterms ® 2010.


9. Written Form

The requirement of written form set forth in these terms of purchase is also met in case of a transmission via e-mail and fax.


10. Final Provisions

10.1 The place of performance shall be Maxdorf.

10.2 The contract and the legal relationship between the parties shall be governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10.3 If the contractor is a merchant or a legal entity by public law, the exclusive place of jurisdiction for all disputes shall be EM-Technik’s place of business. In case a suit is filed by EM-Technik, legal proceedings can alternatively also be instituted at the costumer’s place of jurisdiction.


(Version: January 2018)

Thank you for your interest in our website! EM-Technik GmbH makes this website available under the following conditions:

Liability

The contents of our pages are made available to you in good faith.

However, EM-Technik assumes no liability for the currentness, correctness or completeness of the information provided, except in case of proven wilful or gross negligence on the part of EM-Technik.

Our product catalogue contains specifications and/or general descriptions for using our products. They may not be present in some cases (for example due to a product change). The required features of our products should therefore be agreed on in each individual case when purchasing the product.


Copyright

The content of our pages such as text, images (especially product photos), graphics, design, layout and video and tone sequences, are subject to copyright. If you would like to copy, use, duplicate or change our website, you must obtain prior written consent from EM-Technik or from third parties authorised by us. We explicitly reserve the right to pursue criminal or civil action against unpermitted commercial use of our content.


Problems Related to External Links

Our pages may contain links to other external websites of third parties. We have no control over the content of these websites. Linked pages are verified by EM-Technik at the time the link is made. No illegal content was detectable at that time. However, once links are set they are living (dynamic) references. Seamless control of the content of linked pages by EM-Technik is only possible to a reasonable extent. We explicitly distance ourselves from all external content that was modified after the link was set and has not yet been verified by us.

If any violations of the law become known, we will immediately remove any such links that have been set.


Changes in Content

EM-Technik reserves the right to modify, add to or delete the content of the pages at any time without prior notification or to cease publication temporarily or definitively.


Final Provisions

If you are a merchant as defined by the German Commercial Code or are acting on behalf of a legal entity of public law, the law of the Federal Republic of Germany shall exclusively apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The exclusive place of jurisdiction for you as a merchant or agent acting for a legal entity of public law is EM-Technik's place of business. If EM-Technik GmbH brings legal action, the user's place of jurisdiction shall also apply optionally.


Terms and Conditions for the Newsletter:

What is our Newsletter?

We make our newsletter available at irregular intervals for customers and prospective customers who register with EM-Technik . The newsletter is usually very brief and provides pertinent information about new development projects and products of EM-Technik.


How is your registration for the newsletter processed?

After the registration data has been sent off and the registration e-mail has been confirmed, the registration to the newsletter begins at the e-mail address you specified. The newsletter can be cancelled for the future at any time without incurring any fees other than transmission costs according to the basic rates for the internet transmission. Each newsletter contains a link that can be used for this purpose. Of course it is also possible to cancel your registration by sending a message to us. No special form is required. When you cancel your registration, you revoke consent for the use of your e-mail address. EM-Technik GmbH, Industriestrasse 2, 67133 Maxdorf, Germany is responsible for sending the newsletter.


Liability

The contents of our pages are made available to you in good faith. However, EM-Technik assumes no liability for the currentness, correctness or completeness of the information provided, except in case of proven wilful or gross negligence on the part of EM-Technik. The required features of the products should therefore be agreed on in each individual case when purchasing the product.

Thank you for your interest in our website! Protecting the privacy of your personal data is a matter of great importance to us. We would like to inform you below how we handle your personal data that is transmitted to us.


What is the extent to which your personal data will be used by EM-Technik?

You can visit our internet pages without leaving behind any personal information (such as your name, address, phone numbers or e-mail addresses). We will only collect information of this nature if you have made it available to us voluntarily (for example on a request form or via e-mail).

Personal data is never transferred to third parties without your express consent. In particular we will not resell your personal data to any third parties for commercial or advertising purposes.

If you transmit your contact information to us, it will only be collected, saved and used for the purposes you have specified. We use your personal data to prepare offers, to respond to requests and to make information available to you about EM-Technik products.

To be able to address your individual requests as fully as possible, it may be necessary in some cases to forward and process your personal data within the EM-Technik group.


Your Right to Obtain Information and to Revocation

If requested in writing (or via e-mail) we will provide you with information about saved data related to your person.

You have the right to obtain information at no cost about the extent and purpose of your personal data on file, and in some cases the right to verify, delete, block or correct such data.

You may also revoke any usage of your data for advertising purposes at any time and or revoke your consent.


Use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies," which are text files that are stored on your computer and make it possible to analyse how you are using the website. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google uses this information to evaluate your use of the website, to compile reports about website activities for website operators and to provide other services associated with use of the website and Internet Google may also forward this information to third parties, provided this is prescribed by law or if the third parties process the information under orders from Google. Google will not under any circumstances combine your IP address with other data of Google. You can prevent the installation of cookies with an appropriate setting in your browser software. We point out to you, however, that if you do so you may not be able to use all the functions of this website to their full extent. By using this website, you declare yourself in agreement with processing of data about you collected by Google in the manner previously described and for the purpose previously stated.

Collection and storage of data can be revoked at any time with effect for the future.

Regarding the discussion about the use of analysis tools with complete IP addresses, we would like to point out that this website uses Google Analytics with the "_anonymizeIp()" extension, and therefore only processes abbreviated IP addresses to exclude the possibility of associating an address with a person.


How safe is your data with us?

EM-Technik takes technical and organisational measures to protect personal data transmitted to us against unintended and/or illegal use. These measures include internal IT guidelines, strict handling of user accounts with restricted internal access rights, central administration of administrator rights and use of a personnel firewall, virus software and a spyware program.

Data entered in the input masks (requests and online promotions) of our website are transferred to our server in encrypted format via Secure Socket Layers (SSL).


A Note Regarding Transmission of Confidential Information via Unencrypted E-Mail

The content of unencrypted e-mail can be viewed, modified and diverted from its intended purpose by third parties using suitable tools. In case of doubt, it is therefore better to include the least amount of confidential information possible in unencrypted e-mails.


Change in Terms and Conditions of Data Privacy

Due to continuous developments in the Internet and law, we reserve the right to make adjustments from time to time to the terms and conditions of data privacy. To remain continuously informed about EM-Technik's current terms and conditions of data privacy, you should visit this page regularly.


Do you have questions, remarks or concerns?

If you have questions, remarks or concerns regarding the use of your personal data by EM-Technik, please contact us.

Contact person: Ms. Rita Storck, r.storck@em-technik.com

Imprint

EM-Technik GmbH
Industriestraße 2
67133 Maxdorf
Germany

Managing Director: Michael Meier
Commercial Register Court: Amtsgericht Ludwigshafen
Register Number: HRB 1267
VAT ID number: DE 149 138 348

 

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