RBS Legal information

Imprint

Responsible according to Article 5 TMG:
RBS Förderanlagen GmbH;
Sabine Schrecke, Ralf Schrecke

 

Contact according to Article 5 Paragraph 1 no. 2 TMG:

Leipziger Straße 68, 63571 Gelnhausen / Roth; Germany
Phone: +49 6051 / 23 62
Fax: +49 6051 / 1 43 89
www.rbs-foerderanlagen.de
info (at ) rbs-foerderanlagen.de

 

Authorised representative of the company: Sabine Schrecke; Ralf Schrecke

Registration court/Local court: Amtsgericht Hanau, Registernummer HRB 11944

VAT ID according to Article 27a according to German VAT law (Umsatzs-StG): DE 811248666

Responsible for contents(editor): Ralf Schrecke

 

Privacy statement

We, the RBS Förderanlagen GmbH as operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this data protection explanation.

Our website may be used without entering personal information. Different rules may apply to certain services on our site.

 

SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as a site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

 

Profiling

As a responsible company, we act without automatic decision-making or profiling.

 

Information/Recall/Deletion

You can contact us free of charge on the basis of the Federal Data Protection Act if you have any questions regarding the collection, processing or use of your personal data and their correction, blocking, deletion or revocation of a consent granted. We would like to point out that you have the right to correct incorrect data or delete personal data if there is no legal obligation to retain it.

You can contact us at any time at the address given in Imprint for this and other questions on the subject of personal data.

 

Contradiction advertising mails

We hereby object to the use of contact data published within the scope of the imprint obligation to send unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.

 


Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

 


Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

 

I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law is:

  • RBS Förderanlagen GmbH; Ralf Schrecke, Leipziger Straße 68, 63571 Gelnhausen / Germany
  • Phone: +49 6051 / 23 62
  • info (at) rbs-foerderanlagen.de

 

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

 

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

 

 

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website. These server log files record :

  • type and version of the browser you use
  • operating system
  • used device
  • websites that linked you to our site (referrer URL)
  • websites that you visit
  • date and time of your visit
  • your Internet Protocol (IP) address.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

 

Cookies

  • a) Session cookies
    We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

    This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

    The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

    If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

    When you close your browser, these session cookies are deleted.

  • b) Third-party cookies

    If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

    Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.
  • c) Disabling cookies

    You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

    If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

 

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 

If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.

If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.

You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

 

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

 

Online job applications / publication of job advertisements

We offer you the opportunity to apply for jobs with our company via our website. In the case of these digital applications, we collect your application data electronically in order to process your application.

The legal basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88 Para. 1 GDPR.

If you are hired as a result of the application process, we will store the data you provide during the application process in your personnel file for the purpose of the usual organizational and administrative process, naturally in compliance with further legal obligations.

The legal basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88 Para. 1 GDPR.

If we do not hire you, we will automatically delete the data submitted to us two months after the final decision is made. We will not delete the data, however, if we must store the data for legal reasons such as evidence of equal treatment of applicants, until any legal action is concluded, or four months.

In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR and §24 Para. 1 No. 2 BDSG. Our legitimate interest lies in any legal defense we may have to mount .

If you expressly consent to a longer storage of your data, e.g. for your inclusion in a database of applicants or interested parties, the data will be processed further on the basis of your consent. The legal basis is then Art. 6 Para. 1 lit. a) GDPR. You may withdraw your consent at any time with future effect per Art. 7 Para. 3 GDPR with future effect.

 

YouTube

We maintain an online presence on YouTube to present our company and our services and to communicate with customers/prospects. YouTube is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, a subsidiary of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA.

We would like to point out that this might cause user data to be processed outside the European Union, particularly in the United States. This may increase risks for users that, for example, may make subsequent access to the user data more difficult. We also do not have access to this user data. Access is only available to YouTube. Google LLC is certified under the Privacy Shield and committed to comply with European privacy standards.

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

The YouTube privacy policy can be found here:

https://policies.google.com/privacy

 

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics' JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

 

Google-Maps

Our website uses Google Maps to display our location and to provide directions. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

If you access the Google Maps components integrated into our website, Google will store a cookie on your device via your browser. Your user settings and data are processed to display our location and create a route description. We cannot prevent Google from using servers in the USA.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.

By connecting to Google in this way, Google can determine from which website your request has been sent and to which IP address the directions are transmitted.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

In addition, the use of Google Maps and the information obtained via Google Maps is governed by the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=en and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.

Google also offers further information at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

 

Google reCAPTCHA

Our website uses Google reCAPTCHA to check and prevent automated servers ("bots") from accessing and interacting with our website. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

This service allows Google to determine from which website your request has been sent and from which IP address the reCAPTCHA input box has been used. In addition to your IP address, Google may collect other information necessary to provide and guarantee this service.   

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the security of our website and in the prevention of unwanted, automated access in the form of spam or similar.

Google offers detailed information at

https://policies.google.com/privacy

concerning the general handling of your user data.

 

Google Fonts

Our website uses Google Fonts to display external fonts. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.

When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.

Google offers detailed information at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

in particular on options for preventing the use of data.

 

YouTube

We use YouTube on our website. This is a video portal operated by YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as "YouTube".

YouTube is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, hereinafter referred to as "Google".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google and its subsidiary YouTube guarantee that they will follow the EU's data protection regulations when processing data in the United States.

We use YouTube in its advanced privacy mode to show you videos. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data specified below will only be transmitted to the YouTube server if you actually start a video.

Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded.

This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established.

If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account.

For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

Further information about the collection and use of data as well as your rights and protection options in Google's privacy policy found at

https://policies.google.com/privacy

 

Google AdWords with Conversion Tracking

Our website uses Google AdWords and conversion tracking. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

We use conversion tracking to provide targeted promotion of our site. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

If you click on an ad placed by Google, the conversion tracking we use stores a cookie on your device. These so-called conversion cookies expire after 30 days and do not otherwise identify you personally.

If the cookie is still valid and you visit a specific page of our website, both we and Google can evaluate that you clicked on one of our ads placed on Google and that you were then forwarded to our website.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. In addition, we receive information about the number of users who clicked on our advertisement(s) as well as about the pages on our site that are subsequently visited. Neither we nor third parties who also use Google AdWords will be able to identify you from this conversion tracking.

You can also prevent or restrict the installation of cookies by making the appropriate settings in your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support.

In addition, Google provides further information with regard to its data protection practices at

https://services.google.com/sitestats/de.html

https://www.google.com/policies/technologies/ads/ 

https://www.google.de/policies/privacy/

in particular information on how you can prevent the use of your data.

 

Google Remarketing

We use the remarketing function on our website. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

We use this feature to deliver interest-based, personalized advertising on third-party websites that also participate in Google's advertising network.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

To allow this advertising service to function, Google stores a cookie with a sequence of numbers on your device via your browser when you visit our website. This cookie records both your visit and the use of our website in anonymous form. However, personal data will not be passed on. If you subsequently visit a third-party website that also uses the Google advertising network, advertising may appear that refers to our website or our offers there.

To permanently disable this feature, Google provides a browser plugin for most common browsers at

https://www.google.com/settings/ads/plugin?hl=de

Likewise, the use of cookies from certain providers, e.g. via

https://www.youronlinechoices.com/uk/your-ad-choices/

or

https://www.networkadvertising.org/choices/

can be deactivated by opt-out.

Cross-device marketing allows Google to track your usage patterns across multiple devices, so you may see interest-based, personalized advertising even when you switch devices. However, this requires that you have agreed to link your browsing history to your existing Google account.

Google offers more information about Google Remarketing at

https://www.google.com/privacy/ads/

 

Model data protection declaration of Anwaltskanzlei Weiß & Partner

 

Disclaimer

1. Right to change contents at will
We explicitly retain the right to change, amend or delete parts of or all of the diverse pages of www.rbs-foerderanlagen.de or the entire range of goods and services itemised therein or to cease publication permanently or temporarily without any prior announcement.

 

2. References and links
a) In its ruling 312 O 85/98 – "Haftung für Hyperlinks / liability for hyperlinks" passed down on 12 May 1998, the Landgericht (regional court) Hamburg ruled that the owner of a website placing hyperlinks (direct or indirect reference to external websites) might share in responsibility for the contents of the linked external website.

The court ruling further states that assumption of such responsibility may be avoided only if the owner of the website explicitly dissociates himself from the contents of the linked external page.

b) According to the ruling 260 DS 857/96 passed down by the Amtsgericht (local court) Berlin Tiergarten on 30 June 1997, culpability shall also be excluded if the external website to which the person setting the link and/or defendant refers was legally unobjectionable at the time the hyperlink was set and was later modified in a legally objectionable manner without the person setting the link and/or defendant being aware of such. According to this ruling, the person setting the link and/or defendant in this respect is not obligated to consistently monitor the external websites to which he has set hyperlinks. However, as soon as we become aware of legal violations on external websites to which we refer by hyperlinks, we will immediately delete such hyperlinks from our website.

We hereby explicitly declare that at the time we set the link to any external website we were not aware of any illegal contents of any such website. We have no influence whatsoever upon topical and future design, contents or authorship of the linked external website. For this reason, we hereby explicitly dissociate ourselves from all contents of all linked external websites which were modified after any such links were set.

c) he above statements apply to all hyperlinks and references set with our present Internet offer on the diverse pages of www.rbs-foerderanlagen.de as well as for external postings in any guest books, discussion forums, link directories, mailing lists and in all other forms of databases at which or through which users have access to external websites.

 

3. Copyright law and labelling rules
a) In all publications at this website, we strive to observe the copyrights and ancillary copyrights to the used images, graphs, audio documents, video sequences and texts and/or to use images, graphs, audio documents, video sequences and texts we produced ourselves or to use license-free graphs, audio documents, video sequences and texts. The copyrights and/or ancillary copyrights for publicised objects produced by the author shall remain exclusively with the author of the respective websites. Duplication, processing, circulation, use or any other manner of exploitation of such graphs, audio documents, video sequences and texts outside the scope of copyrights laws in other electronic or printed publications is inadmissible without explicit approval by the author. The contents and works we produce on these pages are subject to German copyright laws.

b) All and any third-party trademarks and logos named on the diverse pages of www.rbs-foerderanlagen.de are without any restrictions subject to the respectively applicable trademark and/or logo laws as well as the proprietary rights incumbent upon the respective registered owner. Mere statement of the trademarks and/or logos shall not be interpreted such that the respective trademarks and/or logos are not subject to third-party rights!

 

4. Notice of possible violation of rights on our website
As soon as we become aware of any infringements of the law, we will remove the content concerned immediately. In order to avoid unnecessary legal disputes and unnecessary costs, please contact us in advance if you have any complaints. Violations of competition law or other legal complaints will be remedied by us immediately, so that warning letters with costs or the involvement of a lawyer will not be necessary.

 

5. Protection of your data
If and to the extent we acquire personal, individual-related or corporate data (e.g. name, address, telephone and/or fax numbers, email addresses) at the diverse pages of www.rbs-foerderanlagen.de, this is always to the extent possible done on a voluntary basis. No charges are due for using our Internet offers and online services which, to the extent possible, may always be used without statement of any personal, individual-related or corporate data or with statement of anonymised data or a pseudonym. For particulars on protection of your personal data, please read our data privacy statement at this site.

 

6. No junk e-mails
Third parties may not use the data publicised in the legal notice (Impressum) or any other comparable data on the diverse pages of www.rbs-foerderanlagen.de (e.g. name, address, telephone and/or fax numbers, email addresses) for sending non-solicited information. We explicitly reserve the right to take legal action against senders of such junk emails which are in violation of this prohibition.

 

7. Legal effectiveness of this disclaimer
This legal disclaimer is an integral element of our Internet offer at the diverse pages of www.rbs-foerderanlagen.de from which reference is made to this page. If clauses or individual phrases of the text of this legal disclaimer are not, no longer or not entirely in compliance with prevailing legal positions, this shall not affect the remaining clauses of this legal disclaimer in terms of contents or validity.

 

General Terms and Conditions (TaC)

General Terms and Conditions (TaC)

§1 Scope
(1) These terms and conditions of sale are exclusively applicable to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 Paragraph 1 of the German Civil Code. Customer's terms and condition in contradiction to or deviating from our General Terms and Conditions shall apply only if we have explicitly accepted these in writing.
(2) These terms and conditions of sale shall also apply to all future businesses transactions with the ordering party to the extent they represent legal transactions of a related nature.

§2 Offer and contract completion
If an order constitutes an offer according to § 145 German Civil Code, we are entitled to accept such offer within two weeks.

§3 Documents submitted
We retain proprietary rights and copyrights to all documents provided to the ordering party in the course of order placement (calculations, drawings, etc.). Such documents may not be made available to third parties unless we have given the ordering party explicit written approval thereof. If we refrain from accepting the ordering party's offer within the period stated in §2, these documents shall immediately be returned to us.

§4 Prices and terms of payment
(1) Unless otherwise agreed in writing, our prices shall be quoted ex-works and shall exclude packaging charges and applicable value-added tax. Packaging costs shall be invoiced separately.
(2) Payments are to be made exclusively to the stated accounts. Discounts shall be admissible only if explicitly agreed upon in writing.
(3) Unless otherwise agreed, the invoiced amount is due for payment net within 30 days of invoicing. Default interest shall be charged at a rate of 8 percent over and above the prevailing base interest rate. The right to assert higher claims for compensation owing to default is reserved.
(4) If a fixed price has not been agreed, we reserve the right to make appropriate price adjustments owing to changes in the cost of wages, materials, and distribution for any deliveries made three months or later after conclusion of the agreement.

§5 Offsetting and rights to retention
The ordering party shall have right to offsetting only if ordering party's claim thereto is legally ascertained or undisputed. The ordering party shall be entitled to rights of retention only if its counterclaim is based on the same contractual relationship.

§6 Deliveries, delivery schedules and deadlines
(1) All information concerning delivery times is deemed to be approximate. The delivery periods begin with the date of our confirmation of the order and are only valid on the condition that all details of the order have been clarified in due time and all of the buyer's obligations have been punctually fulfilled, e.g. procurement of all official administrative certifications, presentation of letters of credit and guarantees or receipt of down payments.
(2) The time at which the deliveries have been dispatched from the plant or warehouse shall be decisive for being considered in compliance with delivery schedules. We shall be considered in compliance with such schedules at the time notification of delivery readiness is transmitted, even if the merchandise, through no fault of ours, cannot be dispatched in time.
(3) In the event of a delay in delivery, the buyer is entitled to fix an appropriate grace period and, if such grace period has expired without positive outcome, the buyer may withdraw from the part of the contract not fulfilled.

§7 Transfer of risk at shipment
If the merchandise has been dispatched to the ordering party at its request, the risk of accidental loss or accidental deterioration is transferred to the ordering party as soon as the merchandise is dispatched, at the latest at the time it leaves the plant/warehouse. This applies regardless of whether this merchandise is shipped from the place of fulfillment or who bears the freight charges.

§8 Retention of title
(1) We reserve all proprietary rights to the delivered merchandise until all claims arising from the delivery contract have been paid in full. This applies also to all future deliveries, even if we fail to make explicit reference to such rights. We are entitled to have the purchased items returned to us if the ordering party acts in breach of contract.
(2) The ordering party undertakes to handle the merchandise with due care until ownership has been ceded to it. The ordering party shall in particular be obligated at its own expense to adequately insure the merchandise against theft, damage by water and fire at reinstatement value. If maintenance and inspection work need to be done, the ordering party will have this work done in due time at its own expense. As long as proprietary rights have not yet passed, the ordering party will immediately notify us in writing if the delivered merchandise has been seized or is subject to other third-party encroachments. If the third party is not in a position to award us the judicial and extrajudicial costs of a lawsuit according to §771 of the German Code of Civil Procedure, the ordering party shall be liable to us for any pertinent losses suffered.
(3) DThe ordering party shall be entitled to resell the goods subject to retention of title in the course of normal business. The ordering party shall now already transfer to us the claims of the customer arising from the resale of the goods subject to retention of title in the amount of the total invoice amount due (including VAT) which has been agreed upon with us. This transfer shall apply regardless of whether the merchandise is resold before or after further processing. Despite this assignment, the ordering party shall remain entitled to collect receivables. This provision is without prejudice to our right to collect receivables; however we shall not invoke this right as long as the ordering party satisfies its payment obligations from the payments received, does not default on payments, and in particular does not apply for initiation of insolvency proceedings and does not terminate payments.
(4) Finishing, processing, or modification of the merchandise by the ordering party shall always take place on our behalf and in our name. In this case, the expectant right of the ordering party in the merchandise shall continue in the transformed article. If the merchandise has been processed together with other objects not belonging to us, we shall acquire ownership of the new product at a ratio of the objective value of the merchandise to the other processed objects at the time of processing; the same applies in the event of mixing. Insofar as the mixing occurs in such a way that the ordering party's item is to be considered the principal object, the ordering party shall transfer a proportionate share in the title to us and shall hold sole ownership or co-ownership for us. To safeguard our claims against the ordering party, the ordering party shall also assign to us those claims against a third party arising to it from the incorporation of the merchandise subject to retention of title into a real-estate property; we already now accept such assignment.
(5) Upon the ordering party's request, we undertake to release the securities to which we are entitled to such an extent as their value exceeds the value of the secured claims by more than 20%.

§9 Warranty and notice of defects as well as recourse/manufacturer recourse
(1) The ordering party's warranty rights are subject to its due compliance with inspection and notification stipulations in accordance with § 377 of the German Commercial Code.
(2) Claims for defects become time-barred 12 months from the time the merchandise supplied by us is delivered to the ordering party. No warranty is given for used parts. Statutory periods of limitation apply to claims to compensation for damages in the event of intent or gross negligence as well as injury to life, body or health, if caused by the intentional or grossly negligent breach of user's substantial contract obligations. This does not apply in cases where longer periods are prescribed by law in accordance with § 438 Paragraph 1 No. 2 of the German Civil Code (regarding buildings and goods for buildings), § 479 Paragraph 1 of the German Civil Code (regarding the right of recourse), and § 634a Paragraph 1 of the German Civil Code (regarding construction defects). Our consent must be obtained prior to any return of merchandise.
(3) If, despite all care taken, the delivered merchandise exhibits a defect that already existed at the time of transfer of risk, we will, at our sole discretion, either repair the merchandise or supply replacement merchandise, provided that the notice of defects was given in due time. We must always be given the opportunity to render subsequent fulfillment within a reasonable time. The above provision does not in any way affect the rights of recourse.
(4) If subsequent fulfillment is unsuccessful, the ordering party can – without prejudice to any possible claims for damages – withdraw from the contract or reduce the payment.
(5) Claims for defects cannot be asserted in the case of only insignificant deviation from the agreed properties and condition, in the case of only insignificant impairment of usability, in the case of natural wear and tear or in the case of damage arising after the transfer of risk as a result of incorrect or careless handling, excessive strain, unsuitable equipment, poor construction work, an unsuitable foundation, or due to particular external influences that were not taken into consideration in the contract. Likewise, if repair work or modification is carried out improperly by the ordering party or a third party, claims for defects cannot be asserted for these or the resulting consequences.
(6) Claims by the ordering party for expenditures necessary for the purpose of subsequent fulfillment, particularly transport, travel, labor, and material costs, are excluded if these expenditures increase because the merchandise delivered by us was subsequently transported to a location other than the ordering party's place of business, unless such transport is consistent with the merchandise's intended use.
(7) The ordering party may only assert rights of recourse against us insofar as no agreements have been made between the ordering party and the ordering party's customer that go beyond the mandatory statutory rights relating to defects. Furthermore, as for the scope of the ordering party's right of recourse against the supplier, Paragraph 6 applies accordingly.

$10 Miscellaneous
(1) This agreement and all legal relations in effect between the parties are subject to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of fulfillment and exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our domicile unless the order confirmation provides differently.
(3)All terms agreed between the parties for purposes of contractual performance of this Agreement have been set forth in writing herein.
(4) If individual clauses of this contract are or become ineffective or feature a legal gap, this shall not affect the validity of the remaining clauses. The parties agree to replace the ineffective clause and/or close the legal gap with a legally effective clause coming closest in business terms to what the parties had originally intended.

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