Weisser leaves nothing to be desired and – due to latest technology – we are able to continuously develop and offer innovative solutions for extremely high requirements in a customer centric way.
IAM is the answer to an increasingly complex, fast moving world that demands more flexibility. The very best of two great worlds is combined in IAM, the creative freedom of additive manufacturing and efficient effectiveness of industrial manufacturing. Industrial Additive Manufacturing is the key to highest flexibility, quality and volume.
Series production has its own rules. IAM produces your parts to exactly these specifications. Outstanding materials meet the established manufacturing processes. Biocompatibility, heat resistance and flame resistance. A new high performance manufacturing process provides industrial known quality, process stability and efficiency. Combined we´re able to produce end-use parts, fully usable series components and technical functional component: Up to 10 million parts a year.
The author accepts no liability in any way for the information provided being up-to-date, correct, complete or of good quality. Any liability claims against the author relating to damages of material or idealistic kind, which are caused by using or not being able to use the provided information and/or by using incorrect or incomplete information, are absolutely impossible, unless a demonstrably deliberate or reckless fault on the part of the author exists. All offers are not-binding and non-committal. The author expressly reserves the right to revise, complete, delete parts of the pages or the complete offer or to terminate publication thereof temporarily or finally without special note.
2. References and links
For direct or indirect references to Internet pages of a third party (“links?) which are beyond the authors responsibility, liability may only arise in that case when the author has knowledge about the contents thereof and he may have the technical and reasonable possibility to prevent the usage in case of any illegal contents. The author hereby expressly states that at the time of installing the link no illegal contents on the sites to be linked could be recognizable. The author has no influence at all on the present and future design, contents or the authorship of the linked sites. Thus the author hereby expressly dissociates himself from all contents of all links which have been amended after installing the link. This statement is valid for all links and references installed within our own Internet offer as well as for registration by third persons in visitors’ books, platforms and mailing lists set up by the author. For illegal, incorrect or incomplete contents and especially for damages arising from using or not being able to use information provided in such kind, only the provider of the site to which is referred to is liable and not the one only referring to the respective publication via links on his web site.
3. Copyright and (Kennzeichenrecht) mark right/law of trademarks??
The author endeavours to consider for all publications the copyrights of the graphics, sound documents, video sequences and text used. He shall make use of the graphics, sound documents, video sequences and text created by himself or make use of license-free graphics, sound documents, video sequences and text. All trade marks and brand marks mentioned in the Internet offer and possibly protected by copyright by third parties are absolutely subject to the regulations of the valid mark right that apply in each case and the possessory rights of the respectively registered owners. Only due to the fact that trade marks are simply mentioned, the conclusion may not be drawn that they are not protected by the right of a third party! The copyright for published objects created by the author himself is exclusively at the author of the pages. Reproducing or using such graphics, sound documents, video sequences and text in other electronic or printed publications is not permitted without prior permission of the author.
4. Privacy statement
When using the web site of Weisser Spulenkörper GmbH & Co KG data is stored on the server of our provider. The data may be used for statistical purposes. Your personal data will not be passed on for use by third parties in any form neither for commercial nor for non-commercial purposes.
We collect personal data only when you provide it to us, through registration, completion of forms or e-mails, as part of inquiries or requests and similar situations in which you have chosen to provide the information to us. The database and its contents remain at our company and stay with data processors or servers acting on our behalf and responsible to us. Your personal data will not be passed on for use by third parties in any form whatsoever. You have the right to review and amend any personal data stored in our system if you believe it may be out of date or incorrect. You have the right at any time to withdraw your consent to the use of your personal data in the future. A data record may include the web site, from which you linked our site including possibly used search terms, the name of the site or the file, the date and time of the request, the transferred data volume, the state of access (file transferred, file not found etc), a description of the used browser as well as the operating system, the country and/or the domain or organization from which the access was made (TLD), or the Client IP address, which is dissolved via DNS Lookups.
The use of data published in the imprint or comparable contact information such as postal addresses, telephone and fax numbers as well as email addresses through third parties for the transmission of not expressly requested information is not permitted. When offending this prohibition legal steps against the senders of so-called Spam mails are expressly reserved.
5. The legal effectiveness of this non-liability/disclaimer of liability
This non-liability is to be considered as part to the Internet offer that refers to this page. If parts or individual phrases of this text may not, not any more or not completely apply to existing law, the rest of the document is not concerned thereof regarding its content and validity.
Copyright
The content of Weisser Internet pages is protected by copyright. For reproduction, modification, distribution or storage of information or data, especially of text or photos, the prior written permission of Weisser Spulenkörper GmbH & Co. KG is required. The Weisser Internet pages has been created most carefully. However, the information on the Weisser web pages are provided “as is? without liability and warranty of any kind that the information and data provided will be up-to-date, error-free and complete. Weisser reserves the right to revise or amend the provided information or data without prior notice.
1. Our General Terms and Conditions of Sale apply to all - including future - legal relationships between the parties to the Contract. Agreements to the contrary are only valid if confirmed by us in writing.
2. We are not bound by any contrary or contradictory General Terms and Conditions of the other party to the Contract - hereinafter referred to as the Purchaser - even if we do not expressly object to them.
3. Our Terms and Conditions only reply in respect of Companies as defined in § 310 Section 1 BGB [Civil Code].
4. Should any provision contained in our General Terms and Conditions of Sale prove to be or become invalid the validity of all remaining provisions shall not be thereby affected.
II. Tender and Tender Documentation
1. Our tender is subject to confirmation in the absence of anything to the contrary ensuing from the offer.
2. We can accept orders within a period of 6 weeks. The said period commences upon receipt of order.
3. Our written Confirmation of Order is definitive in respect of supply of goods or services. Assurances regarding characteristics, supplements or ancillary agreements must be in writing to take legal effect.
4. Our sales staff are not authorised to enter into verbal ancillary agreements or to give assurances extending beyond the content of the written Contract.
5. We retain title and intellectual property rights to all diagrams, drawings, calculations and other documentation. Prior to transmission thereof to third parties the Purchaser requires our express written permission.
6. In the case of series production or special custom designs we reserve the right to apply an over or under-delivery rate of 10%. In the case of packed articles, deviations may ensue commensurately with the packaging units.
7. We are entitled to make part deliveries if this may be considered reasonable for the customer.
III. Prices and Terms of Payment
1. If nothing to the contrary emerges from the Confirmation of Order our prices are „ex stock“ or „ex works“ and exclusive of shipping and handling charges, customs or excise duty, packaging and are liable to the prevailing rate of statutory VAT.
2. We reserve the right to adjust our prices accordingly if subsequent to conclusion of the Contract cost reductions or cost increases, in particular as a consequence of collective wage agreements, changes in the cost of materials or currency fluctuations take place.
3. Deduction of discount requires separate written agreement.
If nothing to the contrary emerges from the Confirmation of Order the net purchase price shall be due for payment (without deduction) within 30 days from date of invoice. Part invoices shall be presented for part deliveries. Payment terms shall run separately for each part invoice.
Statutory provisions apply in the event of payment arrears.
4. We only accept drafts or cheques in payment and not in lieu of payment after separate agreement. Our account is not settled until the date on which the funds are available to us without having to make allowance for charge-back claims. Collection charges, discount charges or bill charges including interest shall in all cases be borne by the Purchaser and are payable immediately.
5. The Purchaser may only offset against a claim which is undisputed or legally binding. He may only exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. One-off costs such as for example tooling and development costs are invoiced at 50% directly upon receipt of order. The remaining 50% shall be due upon delivery oft die first die-cut parts.
IV. Product Information and Design Modifications
1. Our statements concerning the use und suitability of our products and materials are based on our present knowledge and experience. They do not release the buyer from its duty to carry out an incoming inspection and its own tests and trials for the specific purpose of use. No legality binding assurance of certain features or suitability shall be derivable from our statements and recommendations. Any property rights and existing laws and provisions must be autonomously observed by the recipient of our products.
2. We reserve the right, the buyer may refuse to pay the purchase price in so far as the buyer would be entitled to do so by reason of rescission or abatement.
V. Delivery Period
1. Information regarding delivery periods is unbinding unless the delivery date has been exceptionally agreed as „binding“.
2. The delivery period shall commence with the date of confirmation of order but not however prior to provision of items required to be furnished by the Purchaser i.e. supporting documentation, official approvals and releases including receipt of any agreed payment, opening of any letter of credit required or evidence of arrangement of any collateral agreed.
3. The delivery period shall be deemed met if the goods have left the Neresheim warehouse facility within the delivery period.
4. Should any unforeseen impediments outside our control arise which despite the requisite care required given the particular circumstances of the case we are not in a position to avert - irrespective of whether the said impediments occur with us or at subcontractors - including force majeure (e.g. war or natural catastrophe) or delays in the supply of essential raw materials or other circumstances for which we are not responsible - we are entitled to withdraw from the Supply Contract either wholly or in part or alternatively to extend the delivery period by the duration of the impediment. We shall be entitled to the same rights in the event of strikes and lockouts at our premises or those of our upstream suppliers. We shall immediately notify our customers of any such circumstances.
5. In the event of delay in delivery the Purchaser may, following the expiry of an appropriate period of grace to no effect, withdraw from the Contract; in the event of the practical impossibility of supply of goods on our part he is also entitled to do so without notice. A period of 14 days shall be deemed appropriate and in the case of special custom-made products this shall be a minimum of 1 month.
Delayed delivery shall equate to impossibility if delivery does not follow after 1 month or 6 weeks in the case of special custom-made products.
Claims for damages (including any consequential loss) shall be excluded irrespective of Section 6; the same shall apply in the case of reimbursement of expenses.
6. The liability disclaimer provision under Section 5 shall not apply if any exclusion or restriction of liability is agreed in respect of injury to life, physical injury or damage to health which is due to intentional or negligent dereliction of duty on the part of the user or intentional or negligent dereliction of duty on the part of any legal representative or vicarious agent of the user; nor shall it apply if any exclusion or limitation of liability is agreed for other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of any legal representative or vicarious agent of the user.
If we culpably infringe any essential contractual obligation or any cardinal obligation liability shall not be excluded but shall be limited to typical foreseeable contractual damage.
In the event of reimbursement of expenses the above shall apply accordingly.
Für den Fall des Aufwendungsersatzes gilt das Vorstehende entsprechend.
7. If any commercial fixed date transaction has been agreed the liability limitations arising from Section 5 and Section 6 shall not apply; the same applies if the Purchaser is in a position to claim that as a consequence of the delay for which we are responsible his interest in performance of the Contract ceases to apply.
8. In the case of call orders calls shall be notified to us in a timely manner to enable orderly manufacture and supply and at least 6 weeks prior to the desired delivery date. Call orders must be called forward within 12 months from the date of order if no other fixed deadlines have been agreed. If call does not follow or not completely within 12 months from the date of order or on the agreed call terms the Purchaser shall be deemed in default of acceptance.
9. Should the Purchaser fall into acceptance arrears or infringe duties of cooperation we are entitled to claim compensation for loss incurred by us including any additional expenses. In such event risk of accidental destruction or loss or accidental deterioration of the item of purchase shall transfer to the Purchaser if the latter is in default of acceptance.
VI. Transfer of Risk, Packaging Costs and Insurance
1. Upon handover to the forwarding agent or carrier and at the latest upon leaving our premises risk of accidental destruction or loss and accidental deterioration transfers to the Purchaser. Incoterms 2000 „ex works/ab Werk“ Clause (German version) applies.
2. Should handover be delayed due to any circumstance for which the Purchaser is responsible or as a consequence of the latter‘s instructions risk shall transfer to the Purchaser with effect from the date of notification of readiness for despatch. At the express written request of the Purchaser we undertake to insure goods stored with us at the Purchaser‘s cost. This also applies in those cases where a delivery period has not been expressly agreed with the proviso that risk transfers to the Purchaser 7 calendar days following notification of readiness for despatch.
3. If the Purchaser wishes we shall cover delivery by transport insurance; costs in this regard shall be borne by the Purchaser.
4. Transportation and all other packaging shall not be returned subject to requirements of the German Packaging Ordinance. The Purchaser undertakes to arrange disposal of packaging materials at his own cost.
5. Delivered items shall be received and accepted by the Purchaser even if they display minor imperfections irrespective of his rights under the terms of §§ 433 ff. BGB.
VII. Reservation of Title
1.We reserve the right to ownership of the items delivered until full payment has been made in accordance with the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. Up until that point the Purchaser is not entitled to pledge the goods to third parties or to assign them as security. The Purchaser shall store the reserved goods for us at no charge.
2. In the event of processing and combination of reserved title goods with other goods by the Purchaser we shall acquire joint title to the new item in the ratio of the invoiced value of the reserved title goods to the combined material entity. The joint title rights accordingly ensuing shall be considered as reserved title goods as defined in Clause 1.
3. The Purchaser is entitled to sell the reserved title goods in the due process of sale provided he is not in payment arrears in respect of our purchase price claims.
4. The Purchaser hereby assigns to us at this point in time all claims accruing to him as a result of resale of the reserved title goods vis-à-vis third parties. If the reserved title goods are sold following processing, combination or amalgamation assignment of the claim arising from resale shall apply only up to the extent of the value of the reserved title goods invoiced to the Purchaser by the Vendor. This shall also apply if the reserved title goods are resold together with other goods which similarly do not belong to the Vendor.
5.The Purchaser is also authorised to collect the claim even following assignment. We may restrict the said collection authorisation on the basis of justifiable interest or revoke the same on due cause found, in particular in the event of payment arrears. We may require that the Purchaser shall notify us of the claims assigned to him and of related debtors plus all information necessary for collection and surrender to us all associated documentation and disclose the said assignment to his debtors.
6. The Purchaser hereby declares his consent that the persons authorised by us in connection with assignment of the reserved title goods may enter the property or building on or in which the items are situated in order to take possession of the reserved title goods.
7. The Purchaser shall immediately inform us in respect of any confiscation, compulsory enforcement or other third party intervention adversely affecting our rights of ownership. The Purchaser shall bear the costs of measures to remedy third party interference in particular of any possible intervention procedures.
VIII. Warranty and Liability
1. The condition of the goods is defined exclusively by the agreed technical delivery specifications. In the event that we are to make deliveries in accordance with drawings, specifications, models etc. by our Partner, the latter bears the risk of suitability for the intended purpose. The point in time at which risk is transferred is decisive in determining whether the condition of the goods complies with the contract.
2. We will not be liable for material defects caused by unsuitable or improper use, defective installation or commissioning by the Purchaser or a third party, fair wear and tear, defective or negligent handling, nor for the consequences of improper modifications and modifications made without our consent or maintenance work carried out by the Purchaser or third parties. The same applies for defects which reduce the value or suitability of the item to an insignificant extent.
3. The Purchaser is obliged to meet its obligation to inspect and submit complaints in compliance with Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB) as a pre-requisite for making any claim on the basis of defects. Here, it must examine the delivery immediately or, at the latest, one week from receipt, for any defects and notify us where defects are discovered. If there is a defect that is imputable to us, we are entitled to choose whether to rectify the delivery or to replace it. Within the scope of supplementary performance, we are obliged to reimburse the Purchaser for the expenses required to remove the defective goods and for installation or fitting of repaired goods or subsequently delivered defect-free goods. Reimbursement of costs is excluded, insofar as expenses increase due to the fact that the goods are taken to another location after our delivery, unless this is in conformity with the intended use of the goods. This shall apply accordingly to claims for reimbursement of expenses by the Purchaser pursuant to Section 445a (seller‘s recourse) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), provided that the last contract in the supply chain is not a consumer goods purchase. If one of the two types of subsequent performance or both prove impossible or unreasonable, we are entitled to refuse them. For as long as the Purchaser fails to meet payment obligations to an extent that reflects the defect-free portion of the performance, we are entitled to refuse subsequent performance.
4. If the rectification or replacement delivery do not occur within a reasonable period - in consideration of our delivery possibilities - or if the rectification and/or replacement delivery fail, the Purchaser may demand a reduction of purchase price or withdraw from the contract.
5. Unless otherwise provided for below (par. 7), further claims by the Purchaser are excluded, regardless of their legal grounds (in particular claims arising from a breach of principal or subsidiary contractual obligations, reimbursement of expenses with the exception of that pursuant to Section 439 II of the German Civil Code, unlawful acts or other tortious liability); this applies in particular to damages not caused to the delivery item itself and to claims for loss of profit; claims which do not result from the defectiveness of the object purchased are also included.
6. The preceding provisions also apply in the event of delivery of another item or a lesser quantity.
7. The exclusion of liability regulated in paragraph 5 does not apply insofar as an exclusion or limitation of the liability for damages from injury to life, limb, or health has been agreed upon and said injury is caused by an intentional or grossly negligent violation of duties by the user; the exclusion of liability does not apply either insofar as an exclusion or limitation of the liability for other damages is agreed upon and said damages are caused by a violation of the duties by a legal representative or agent of the user. Insofar as we culpably breach a contractual or material obligation, liability is not excluded, but limited to foreseeable damages that are typical of the contract; it is otherwise excluded pursuant to par. 5. Furthermore, the exclusion of liability does not apply if under product liability law liability exists for personal injury or material damage to privately used objects. It also does not apply in the event of assumption of a guarantee and assurance of a feature, if a defect thereby covered triggers our liability. The above shall apply also to reimbursement of expenses.
8. Claims on subsequent performance, damages and reimbursement of expenses become time-barred one year after delivery of the purchased object. This does not apply to an object which has been used according to its usual purpose for a construction and has caused its defectiveness; in this case, claims shall only lapse after 5 years. Claims on reduction and exercise of the right to withdraw from the contract are excluded, insofar as the subsequent performance claim has lapsed. The Purchaser may, however, refuse payment of the purchase price in the event of clause 3 insofar as it would be entitled to do so based on withdrawal or reduction; in the event of exclusion of withdrawal and a subsequent refusal to pay, we are entitled to withdraw from the contract.
9. The Purchaser‘s right of recourse against us in accordance with Section 445a (seller’s recourse) shall only exist insofar as the Purchaser has not made any agreements with its customer that exceed the statutory claims for defects.
IX. Liability for Collateral Obligations
1. If through any fault on our part the item supplied cannot be used as stated under the terms of the Contract or if damage occurs as a consequence of omitted or faulty implementation of suggestions and consultations prior to and subsequent to conclusion of the Contract including other contractual collateral obligations to the exclusion of further claims on the part of the Purchaser, the provisions of Clauses 8 and 10 shall apply accordingly.
10. Withdrawal by the Purchaser and other Liabilities on our part
1. The following provisions shall apply in the event of infringements over and above liability for defect and shall neither exclude nor limit statutory right of withdrawal.
Similarly, lawful or contractual claims due to us shall be neither excluded nor limited.
2. The Purchaser may withdraw from the Contract if the overall performance is definitively impractical, the same applying to incapacity.
The Purchaser may also withdraw from the entire Contract if in the event of an order for similar items implementation of part of the supply is impossible in terms of numerical quantity due to our representation obligation and if he has no interest in partial supply; if this is not the case the Purchaser may abate the consideration accordingly; the right of withdrawal shall not apply in the case of immaterial infringement of obligation.
3. Should there be any delay in performance and provided the Purchaser grants us an appropriate period to complete performance following justification of the delay and should the said period fail to be observed the Purchaser shall be entitled to withdraw. This shall apply mutatis mutandis in the event of partial default in performance.
If prior to delivery the Purchaser requires in any aspect alternative execution of the item supplied the delivery period shall be interrupted until the date of agreement regarding execution and if necessary extended by the time necessary for alternative execution.
4. Withdrawal shall be excluded if the Purchaser is solely or to a large extent predominantly responsible for the circumstance entitling him to withdrawal or if the circumstance for which we are responsible occurs at the point in time of default in acceptance on the part of the Purchaser.
In the event of impracticality we retain in the above cases our claim to consideration as defined in § 326 Section 2 BGB [Civil Code].
5. Further claims on the part of the Purchaser, irrespective of legal grounds (in particular claims arising from default at the point of conclusion of the Contract, infringement of main and ancillary contractual obligations, reimbursement of expenses, impermissible act and any other tortious liability) are excluded; this applies in particular to damage not occurring to the item supplied itself including compensation claims for lost profit; also included are claims which do not result from the faulty nature of the purchased item.
This shall not apply if the cause of damage is due to intent or gross negligence on our part, our legal representatives or vicarious agents. Nor shall this apply if the damage arises from culpable injury to life, physical injury or damage to health.
To a similarly lesser degree liability in the event of assumption of a guarantee is excluded if an obligation infringement covered thereby activates our liability.
If we culpably infringe any essential contractual obligation or any „cardinal“ obligation liability shall not be excluded but shall be limited to typical foreseeable contractual damage.
XI. Tools and Models
1. Tools and models made by us or on our behalf shall remain in our possession and ownership even if the cost of making them has been wholly or partly borne by the buyer.
2. Any agreed customer protection shall lapse upon the client becoming unable to pay its debts, as well as after the expiry of a 5-year period, if no parts have been made from the tool within this period.
12. Place of Performance and Jurisdiction
1. Place of performance of both parts arising from all legal relationships is 73450 Neresheim.
2. In respect of the legal relationship between the Purchaser and us the laws of the Federal Republic of German apply. UN Sale of Goods legislation (CISG) is expressly excluded.
3. Inasmuch as the purchaser is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive legal venue for all disputes arising from the contractual relationship. We shall also be entitled to file suit at the purchaser’s place of business.
Weisser Spulenkörper GmbH & Co. KG
Im Riegel 6
D-73450 Neresheim
Tel.: +49 (0)7326-82-0 Fax: +49 (0) 7326-82-280
Mail: weisser@weisser.de Internet: www.weisser.de
Effective: February 2020
Condizioni Generali
Terms and Conditions
I. Scope
1. Our General Terms and Conditions of Sale apply to all - including future - legal relationships between the parties to the Contract. Agreements to the contrary are only valid if confirmed by us in writing.
2. We are not bound by any contrary or contradictory General Terms and Conditions of the other party to the Contract - hereinafter referred to as the Purchaser - even if we do not expressly object to them.
3. Our Terms and Conditions only reply in respect of Companies as defined in § 310 Section 1 BGB [Civil Code].
4. Should any provision contained in our General Terms and Conditions of Sale prove to be or become invalid the validity of all remaining provisions shall not be thereby affected.
II. Tender and Tender Documentation
1. Our tender is subject to confirmation in the absence of anything to the contrary ensuing from the offer.
2. We can accept orders within a period of 6 weeks. The said period commences upon receipt of order.
3. Our written Confirmation of Order is definitive in respect of supply of goods or services. Assurances regarding characteristics, supplements or ancillary agreements must be in writing to take legal effect.
4. Our sales staff are not authorised to enter into verbal ancillary agreements or to give assurances extending beyond the content of the written Contract.
5. We retain title and intellectual property rights to all diagrams, drawings, calculations and other documentation. Prior to transmission thereof to third parties the Purchaser requires our express written permission.
6. In the case of series production or special custom designs we reserve the right to apply an over or under-delivery rate of 10%. In the case of packed articles, deviations may ensue commensurately with the packaging units.
7. We are entitled to make part deliveries if this may be considered reasonable for the customer.
III. Prices and Terms of Payment
1. If nothing to the contrary emerges from the Confirmation of Order our prices are „ex stock“ or „ex works“ and exclusive of shipping and handling charges, customs or excise duty, packaging and are liable to the prevailing rate of statutory VAT.
2. We reserve the right to adjust our prices accordingly if subsequent to conclusion of the Contract cost reductions or cost increases, in particular as a consequence of collective wage agreements, changes in the cost of materials or currency fluctuations take place.
3. Deduction of discount requires separate written agreement.
If nothing to the contrary emerges from the Confirmation of Order the net purchase price shall be due for payment (without deduction) within 30 days from date of invoice. Part invoices shall be presented for part deliveries. Payment terms shall run separately for each part invoice.
Statutory provisions apply in the event of payment arrears.
4. We only accept drafts or cheques in payment and not in lieu of payment after separate agreement. Our account is not settled until the date on which the funds are available to us without having to make allowance for charge-back claims. Collection charges, discount charges or bill charges including interest shall in all cases be borne by the Purchaser and are payable immediately.
5. The Purchaser may only offset against a claim which is undisputed or legally binding. He may only exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. One-off costs such as for example tooling and development costs are invoiced at 50% directly upon receipt of order. The remaining 50% shall be due upon delivery oft die first die-cut parts.
IV. Product Information and Design Modifications
1. Our statements concerning the use und suitability of our products and materials are based on our present knowledge and experience. They do not release the buyer from its duty to carry out an incoming inspection and its own tests and trials for the specific purpose of use. No legality binding assurance of certain features or suitability shall be derivable from our statements and recommendations. Any property rights and existing laws and provisions must be autonomously observed by the recipient of our products.
2. We reserve the right, the buyer may refuse to pay the purchase price in so far as the buyer would be entitled to do so by reason of rescission or abatement.
V. Delivery Period
1. Information regarding delivery periods is unbinding unless the delivery date has been exceptionally agreed as „binding“.
2. The delivery period shall commence with the date of confirmation of order but not however prior to provision of items required to be furnished by the Purchaser i.e. supporting documentation, official approvals and releases including receipt of any agreed payment, opening of any letter of credit required or evidence of arrangement of any collateral agreed.
3. The delivery period shall be deemed met if the goods have left the Neresheim warehouse facility within the delivery period.
4. Should any unforeseen impediments outside our control arise which despite the requisite care required given the particular circumstances of the case we are not in a position to avert - irrespective of whether the said impediments occur with us or at subcontractors - including force majeure (e.g. war or natural catastrophe) or delays in the supply of essential raw materials or other circumstances for which we are not responsible - we are entitled to withdraw from the Supply Contract either wholly or in part or alternatively to extend the delivery period by the duration of the impediment. We shall be entitled to the same rights in the event of strikes and lockouts at our premises or those of our upstream suppliers. We shall immediately notify our customers of any such circumstances.
5. In the event of delay in delivery the Purchaser may, following the expiry of an appropriate period of grace to no effect, withdraw from the Contract; in the event of the practical impossibility of supply of goods on our part he is also entitled to do so without notice. A period of 14 days shall be deemed appropriate and in the case of special custom-made products this shall be a minimum of 1 month.
Delayed delivery shall equate to impossibility if delivery does not follow after 1 month or 6 weeks in the case of special custom-made products.
Claims for damages (including any consequential loss) shall be excluded irrespective of Section 6; the same shall apply in the case of reimbursement of expenses.
6. The liability disclaimer provision under Section 5 shall not apply if any exclusion or restriction of liability is agreed in respect of injury to life, physical injury or damage to health which is due to intentional or negligent dereliction of duty on the part of the user or intentional or negligent dereliction of duty on the part of any legal representative or vicarious agent of the user; nor shall it apply if any exclusion or limitation of liability is agreed for other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of any legal representative or vicarious agent of the user.
If we culpably infringe any essential contractual obligation or any cardinal obligation liability shall not be excluded but shall be limited to typical foreseeable contractual damage.
In the event of reimbursement of expenses the above shall apply accordingly.
Für den Fall des Aufwendungsersatzes gilt das Vorstehende entsprechend.
7. If any commercial fixed date transaction has been agreed the liability limitations arising from Section 5 and Section 6 shall not apply; the same applies if the Purchaser is in a position to claim that as a consequence of the delay for which we are responsible his interest in performance of the Contract ceases to apply.
8. In the case of call orders calls shall be notified to us in a timely manner to enable orderly manufacture and supply and at least 6 weeks prior to the desired delivery date. Call orders must be called forward within 12 months from the date of order if no other fixed deadlines have been agreed. If call does not follow or not completely within 12 months from the date of order or on the agreed call terms the Purchaser shall be deemed in default of acceptance.
9. Should the Purchaser fall into acceptance arrears or infringe duties of cooperation we are entitled to claim compensation for loss incurred by us including any additional expenses. In such event risk of accidental destruction or loss or accidental deterioration of the item of purchase shall transfer to the Purchaser if the latter is in default of acceptance.
VI. Transfer of Risk, Packaging Costs and Insurance
1. Upon handover to the forwarding agent or carrier and at the latest upon leaving our premises risk of accidental destruction or loss and accidental deterioration transfers to the Purchaser. Incoterms 2000 „ex works/ab Werk“ Clause (German version) applies.
2. Should handover be delayed due to any circumstance for which the Purchaser is responsible or as a consequence of the latter‘s instructions risk shall transfer to the Purchaser with effect from the date of notification of readiness for despatch. At the express written request of the Purchaser we undertake to insure goods stored with us at the Purchaser‘s cost. This also applies in those cases where a delivery period has not been expressly agreed with the proviso that risk transfers to the Purchaser 7 calendar days following notification of readiness for despatch.
3. If the Purchaser wishes we shall cover delivery by transport insurance; costs in this regard shall be borne by the Purchaser.
4. Transportation and all other packaging shall not be returned subject to requirements of the German Packaging Ordinance. The Purchaser undertakes to arrange disposal of packaging materials at his own cost.
5. Delivered items shall be received and accepted by the Purchaser even if they display minor imperfections irrespective of his rights under the terms of §§ 433 ff. BGB.
VII. Reservation of Title
1.We reserve the right to ownership of the items delivered until full payment has been made in accordance with the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. Up until that point the Purchaser is not entitled to pledge the goods to third parties or to assign them as security. The Purchaser shall store the reserved goods for us at no charge.
2. In the event of processing and combination of reserved title goods with other goods by the Purchaser we shall acquire joint title to the new item in the ratio of the invoiced value of the reserved title goods to the combined material entity. The joint title rights accordingly ensuing shall be considered as reserved title goods as defined in Clause 1.
3. The Purchaser is entitled to sell the reserved title goods in the due process of sale provided he is not in payment arrears in respect of our purchase price claims.
4. The Purchaser hereby assigns to us at this point in time all claims accruing to him as a result of resale of the reserved title goods vis-à-vis third parties. If the reserved title goods are sold following processing, combination or amalgamation assignment of the claim arising from resale shall apply only up to the extent of the value of the reserved title goods invoiced to the Purchaser by the Vendor. This shall also apply if the reserved title goods are resold together with other goods which similarly do not belong to the Vendor.
5.The Purchaser is also authorised to collect the claim even following assignment. We may restrict the said collection authorisation on the basis of justifiable interest or revoke the same on due cause found, in particular in the event of payment arrears. We may require that the Purchaser shall notify us of the claims assigned to him and of related debtors plus all information necessary for collection and surrender to us all associated documentation and disclose the said assignment to his debtors.
6. The Purchaser hereby declares his consent that the persons authorised by us in connection with assignment of the reserved title goods may enter the property or building on or in which the items are situated in order to take possession of the reserved title goods.
7. The Purchaser shall immediately inform us in respect of any confiscation, compulsory enforcement or other third party intervention adversely affecting our rights of ownership. The Purchaser shall bear the costs of measures to remedy third party interference in particular of any possible intervention procedures.
VIII. Warranty and Liability
1. The condition of the goods is defined exclusively by the agreed technical delivery specifications. In the event that we are to make deliveries in accordance with drawings, specifications, models etc. by our Partner, the latter bears the risk of suitability for the intended purpose. The point in time at which risk is transferred is decisive in determining whether the condition of the goods complies with the contract.
2. We will not be liable for material defects caused by unsuitable or improper use, defective installation or commissioning by the Purchaser or a third party, fair wear and tear, defective or negligent handling, nor for the consequences of improper modifications and modifications made without our consent or maintenance work carried out by the Purchaser or third parties. The same applies for defects which reduce the value or suitability of the item to an insignificant extent.
3. The Purchaser is obliged to meet its obligation to inspect and submit complaints in compliance with Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB) as a pre-requisite for making any claim on the basis of defects. Here, it must examine the delivery immediately or, at the latest, one week from receipt, for any defects and notify us where defects are discovered. If there is a defect that is imputable to us, we are entitled to choose whether to rectify the delivery or to replace it. Within the scope of supplementary performance, we are obliged to reimburse the Purchaser for the expenses required to remove the defective goods and for installation or fitting of repaired goods or subsequently delivered defect-free goods. Reimbursement of costs is excluded, insofar as expenses increase due to the fact that the goods are taken to another location after our delivery, unless this is in conformity with the intended use of the goods. This shall apply accordingly to claims for reimbursement of expenses by the Purchaser pursuant to Section 445a (seller‘s recourse) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), provided that the last contract in the supply chain is not a consumer goods purchase. If one of the two types of subsequent performance or both prove impossible or unreasonable, we are entitled to refuse them. For as long as the Purchaser fails to meet payment obligations to an extent that reflects the defect-free portion of the performance, we are entitled to refuse subsequent performance.
4. If the rectification or replacement delivery do not occur within a reasonable period - in consideration of our delivery possibilities - or if the rectification and/or replacement delivery fail, the Purchaser may demand a reduction of purchase price or withdraw from the contract.
5. Unless otherwise provided for below (par. 7), further claims by the Purchaser are excluded, regardless of their legal grounds (in particular claims arising from a breach of principal or subsidiary contractual obligations, reimbursement of expenses with the exception of that pursuant to Section 439 II of the German Civil Code, unlawful acts or other tortious liability); this applies in particular to damages not caused to the delivery item itself and to claims for loss of profit; claims which do not result from the defectiveness of the object purchased are also included.
6. The preceding provisions also apply in the event of delivery of another item or a lesser quantity.
7. The exclusion of liability regulated in paragraph 5 does not apply insofar as an exclusion or limitation of the liability for damages from injury to life, limb, or health has been agreed upon and said injury is caused by an intentional or grossly negligent violation of duties by the user; the exclusion of liability does not apply either insofar as an exclusion or limitation of the liability for other damages is agreed upon and said damages are caused by a violation of the duties by a legal representative or agent of the user. Insofar as we culpably breach a contractual or material obligation, liability is not excluded, but limited to foreseeable damages that are typical of the contract; it is otherwise excluded pursuant to par. 5. Furthermore, the exclusion of liability does not apply if under product liability law liability exists for personal injury or material damage to privately used objects. It also does not apply in the event of assumption of a guarantee and assurance of a feature, if a defect thereby covered triggers our liability. The above shall apply also to reimbursement of expenses.
8. Claims on subsequent performance, damages and reimbursement of expenses become time-barred one year after delivery of the purchased object. This does not apply to an object which has been used according to its usual purpose for a construction and has caused its defectiveness; in this case, claims shall only lapse after 5 years. Claims on reduction and exercise of the right to withdraw from the contract are excluded, insofar as the subsequent performance claim has lapsed. The Purchaser may, however, refuse payment of the purchase price in the event of clause 3 insofar as it would be entitled to do so based on withdrawal or reduction; in the event of exclusion of withdrawal and a subsequent refusal to pay, we are entitled to withdraw from the contract.
9. The Purchaser‘s right of recourse against us in accordance with Section 445a (seller’s recourse) shall only exist insofar as the Purchaser has not made any agreements with its customer that exceed the statutory claims for defects.
IX. Liability for Collateral Obligations
1. If through any fault on our part the item supplied cannot be used as stated under the terms of the Contract or if damage occurs as a consequence of omitted or faulty implementation of suggestions and consultations prior to and subsequent to conclusion of the Contract including other contractual collateral obligations to the exclusion of further claims on the part of the Purchaser, the provisions of Clauses 8 and 10 shall apply accordingly.
10. Withdrawal by the Purchaser and other Liabilities on our part
1. The following provisions shall apply in the event of infringements over and above liability for defect and shall neither exclude nor limit statutory right of withdrawal.
Similarly, lawful or contractual claims due to us shall be neither excluded nor limited.
2. The Purchaser may withdraw from the Contract if the overall performance is definitively impractical, the same applying to incapacity.
The Purchaser may also withdraw from the entire Contract if in the event of an order for similar items implementation of part of the supply is impossible in terms of numerical quantity due to our representation obligation and if he has no interest in partial supply; if this is not the case the Purchaser may abate the consideration accordingly; the right of withdrawal shall not apply in the case of immaterial infringement of obligation.
3. Should there be any delay in performance and provided the Purchaser grants us an appropriate period to complete performance following justification of the delay and should the said period fail to be observed the Purchaser shall be entitled to withdraw. This shall apply mutatis mutandis in the event of partial default in performance.
If prior to delivery the Purchaser requires in any aspect alternative execution of the item supplied the delivery period shall be interrupted until the date of agreement regarding execution and if necessary extended by the time necessary for alternative execution.
4. Withdrawal shall be excluded if the Purchaser is solely or to a large extent predominantly responsible for the circumstance entitling him to withdrawal or if the circumstance for which we are responsible occurs at the point in time of default in acceptance on the part of the Purchaser.
In the event of impracticality we retain in the above cases our claim to consideration as defined in § 326 Section 2 BGB [Civil Code].
5. Further claims on the part of the Purchaser, irrespective of legal grounds (in particular claims arising from default at the point of conclusion of the Contract, infringement of main and ancillary contractual obligations, reimbursement of expenses, impermissible act and any other tortious liability) are excluded; this applies in particular to damage not occurring to the item supplied itself including compensation claims for lost profit; also included are claims which do not result from the faulty nature of the purchased item.
This shall not apply if the cause of damage is due to intent or gross negligence on our part, our legal representatives or vicarious agents. Nor shall this apply if the damage arises from culpable injury to life, physical injury or damage to health.
To a similarly lesser degree liability in the event of assumption of a guarantee is excluded if an obligation infringement covered thereby activates our liability.
If we culpably infringe any essential contractual obligation or any „cardinal“ obligation liability shall not be excluded but shall be limited to typical foreseeable contractual damage.
XI. Tools and Models
1. Tools and models made by us or on our behalf shall remain in our possession and ownership even if the cost of making them has been wholly or partly borne by the buyer.
2. Any agreed customer protection shall lapse upon the client becoming unable to pay its debts, as well as after the expiry of a 5-year period, if no parts have been made from the tool within this period.
12. Place of Performance and Jurisdiction
1. Place of performance of both parts arising from all legal relationships is 73450 Neresheim.
2. In respect of the legal relationship between the Purchaser and us the laws of the Federal Republic of German apply. UN Sale of Goods legislation (CISG) is expressly excluded.
3. Inasmuch as the purchaser is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive legal venue for all disputes arising from the contractual relationship. We shall also be entitled to file suit at the purchaser’s place of business.
Weisser Spulenkörper GmbH & Co. KG
Im Riegel 6
D-73450 Neresheim
Tel.: +49 (0)7326-82-0 Fax: +49 (0) 7326-82-280
Mail: weisser@weisser.de Internet: www.weisser.de
Effective: February 2020
Recesso
If the customer is a consumer, he has a right of withdrawal according to the following regulations.
Withdrawal
Cancellation right
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform Weisser Spulenkörper GmbH & Co. KG, Im Riegel 6, 73450 Neresheim, Germany, phone: +49 (0)7326 82 0, fax: +49 (0)7326 82 280, e-mail: iam@weisser.de by sending a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to cancel this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the cancellation period, it is sufficient to send the notification of exercising the right of cancellation before the expiration of the cancellation period.
Consequences of the withdrawal
If you cancel this contract, Weisser Spulenkörper GmbH & Co. KG will refund to you all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by Weisser Spulenkörper GmbH & Co. KG), without undue delay and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by Weisser Spulenkörper GmbH & Co. KG.
For this refund Weisser Spulenkörper GmbH & Co. KG will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case you will be charged for this repayment. Weisser Spulenkörper GmbH & Co. KG may refuse repayment until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
For this refund Weisser Spulenkörper GmbH & Co. KG will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case you will be charged for this repayment. Weisser Spulenkörper GmbH & Co. KG may refuse repayment until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any case no later than fourteen days from the day on which you notify Weisser Spulenkörper GmbH & Co. KG about the cancellation of this contract, to send back or hand over to us. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You must bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please complete and return this form).
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable
Special information
The right of cancellation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Furthermore, there is no right of cancellation for customers who are not consumers. Consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
Protezione dei dati
General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on this website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.
Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.
For detailed information about these analysis programs please consult our Data Protection Declaration below.
2. Hosting and Content Delivery Networks (CDN)
External Hosting
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).
Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.
Execution of a contract data processing agreement
In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.
3. General information and mandatory information
Data protection
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Weisser Spulenkörper GmbH & Co. KG
Im Riegel 6
73450 / Neresheim
Phone: +49 732 6820
E-mail: info@weisser.de
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Designation of a data protection officer as mandated by law
We have appointed a data protection officer for our company.
Kutzschbach Electronic GmbH & Co. KG
Markham Str. 15
86720 Nördlingen
Phone: +49 9081 2503 450
E-mail: datenschutz@weisser.de
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
Rejection of unsolicited e-mails
We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.
4. Recording of data on this website
Cookies
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.
In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.
Name des Cookies
Verwendungszweck
Speicherdauer
Art des Cookies
cookieAccepted
Maintains the user's settings for all page requests
30 Days
Permanent cookie
fe_typo_user
Maintains the status of the cookie notice
Session
Session cookie
staticfilecache
Contains the login status setting.for page caching
1 Hour
Permanent cookie
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
The type and version of browser used
The used operating system
Referrer URL
The hostname of the accessing computer
The time of the server inquiry
The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
Contact form
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your agreement (Art. 6 Para. 1 lit. a GDPR) if this has been requested.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
Registration on this website
You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise we shall reject the registration.
To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.
We shall process the data entered during the registration process on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR).
The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.
5. Newsletter
Newsletter data
If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.
The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.
The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.
Rapidmail
This website uses Rapidmail for the sending of newsletters. The provider is the rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.
Rapidmail services can, among other things, be used to organize and analyze the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter are archived on Rapidmail servers in Germany.
If you do not want to permit an analysis by Rapidmail, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.
Data analysis by Rapidmail
For analytical purposes, e-mails sent via Rapidmail are tagged with a so-called “Tracking Pixel”, which connects to Rapidmail’s servers once the e-mail is opened. As a result, it is possible to determine whether a newsletter e-mail was actually opened.
With the assistance of Rapidmail we are also able to determine whether and which links in the newsletter message the recipient clicked. All links integrated into the e-mail are so-called Tracking Links that enable us to count your clicks.
For more details on the Rapidmail analysis functions, please follow this link: https://de.rapidmail.wiki/kategorien/statistiken/.
Legal basis
The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.
Storage period
The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.
For more details, please consult the Data Protection Regulations of Rapidmail at: https://www.rapidmail.de/datensicherheit.
Execution of a contract data processing agreement
We have executed a contract with Rapidmail, in which we require Rapidmail to protect our customers’ data and to refrain from sharing such data with third parties. You may review this contract under the following link: https://de.rapidmail.wiki/files/adv/muster-auftragsdatenverarbeitung.pdf.
6. Online-based Audio and Video Conferences (Conference tools)
Data processing
We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).
Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.
Should content be exchanged, uploaded or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards and other information shared while using the service.
Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which we have listed below this text.
Purpose and legal bases
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 sentence 1 lit. b GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest in the meaning of Art. 6 para. 1 lit. f GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.
Duration of storage
Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.
We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please contact directly the operators of the conference tools.
Conference tools used
We employ the following conference tools:
Zoom
We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113. Zoom is certified according to the EU-US Privacy Shield. For details on data processing, please refer to Zoom's privacy policy: https://zoom.us/en-us/privacy.html.
Execution of a contract data processing agreement
We have entered into a contract data processing agreement with the provider of Zoom and implement the strict provisions of the German data protection agencies to the fullest when using Zoom.
7. Custom Services
Job Applications
We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.
Data Archiving Period
If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.
Admission to the applicant pool
If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.
Admission to the applicant pool is based exclusively on your express agreement (Art. 6 para. 1 lit. a GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.
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