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Accoustic Microscopes from KSISAM

Imprint / Privacy Notice / TERMS

Verantwortlich fuer den Inhalt

IP-holding GmbH
Walter-Rathenau-Str. 18
D-35745 Herborn

Telefon:+49 (0)2772 - 47 66 055
E-Mail: info@ksisam.com
Internet: http://www.ksisam.com

Geschaeftsfuehrer: J. Gemsa
Trade Register No.: HRB 6966 District Court Wetzlar

 

Webdesign und Programme

RUN-WEB
Inh. Lars Runte
Am Goldbach 5
D-35684 Dillenburg

Telefon: +49 (0) 178 / 71 71 178
E-Mail: info@run-web.de
Internet: http://www.run-web.de

Ansprechpartner: Lars Runte
Steuernummer: 00986260671


Warenzeichen

Alle erwähnten Markenrechte stehen dem jeweiligen Rechtsinhaber zu.
Keine Gewähr auf alle Angaben.

Haftungshinweis

Alle Rechte vorbehalten. Die auf der Website verwendeten Texte, Bilder, Grafiken, Dateien usw. unterliegen dem Urheberrecht und anderen Gesetzen zum Schutz des geistigen Eigentums. Ihre Weitergabe, Veränderung, gewerbliche Nutzung oder Verwendung in anderen Websites oder Medien ist nur mit ausdrücklicher Genehmigung durch uns gestattet.

Hinweis gemäss Teledienstgesetz

Für Websites Dritter, auf die der Herausgeber durch sogenannte Links verweist, tragen die jeweiligen Anbieter die Verantwortung. Der Herausgeber ist für den Inhalt solcher Sites Dritter nicht verantwortlich. Des weiteren kann die Website des Herausgebers ohne dessen Wissen von anderen Websites mittels sogenannter Links angelinkt werden. Der Herausgeber übernimmt keine Verantwortung für Darstellungen, Inhalt oder irgendeine Verbindung zur Parteigliederung des Herausgebers in Websites Dritter. Für fremde Inhalte ist der Herausgeber nur dann verantwortlich, wenn er von ihnen (d.h. auch von einem rechtswidrigen oder strafbaren Inhalt) positive Kenntnis hat und es dem Herausgeber technisch möglich und zumutbar ist, deren Nutzung zu verhindern. Der Herausgeber ist nach dem Teledienstgesetz jedoch nicht verpflichtet, die fremden Inhalte ständig zu überprüfen.

Beachten Sie bitte auch unseren Disclaimer.

Erhebung und Verarbeitung persönlicher Daten

Wenn Sie unsere Website besuchen, speichern unsere Webserver standardmässig den Namen Ihres Internet Service Providers (bzw. die IP-Adresse), die Website, von der aus Sie uns besuchen, die Seiten, die Sie bei uns besuchen, Informationen über den verwendeten Internet-Browser und das verwendete Betriebssystem, sowie das Datum und die Dauer des Besuches. Darüber hinaus werden persönliche Daten nur dann gespeichert, wenn Sie uns diese von sich aus, z.B. im Rahmen einer Registrierung oder einer Anfrage angeben.

Privacy Policy

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.

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:

IP-holding GmbH
Walther-Rathenau Straße 18
35745 Herborn
Germany

Telephone: +49 (0)2772 4766055
Fax: +49 (0)2772 4769533
Email: info@ksisam.com

The controller's data protection officer is:

Jessica Gemsa

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 the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

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.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

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.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (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.

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 LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, 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 Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (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

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

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

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

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner


AGB

General Terms and Conditions of Sale
IP-holding GmbH


1. Exclusive Validity of General Terms and Conditions of Sale; Subject Matter of Contract

1.1 The legal relationship between you and us shall be governed exclusively by these General Terms and Conditions of Sale (the ”Terms and Conditions”) set forth herein. Changes and amendments must be in writing. Conflicting provisions of your terms and conditions shall not apply even if they are not expressly opposed by us in each individual case. Insofar as the buyer objects to deviating terms and conditions, these are only binding for us insofar as they have been acknowledged by us in writing. Neither the execution of the delivery and service, nor an omitted objection constitute an acknowledgment of the third-party terms and conditions of the buyer. 1.2 Our quotations are not binding; your orders shall become binding and the sales contract shall come into force only when we have confirmed your order in writing or, if our confirmation note deviates from your order, when agreement on the deviating items has been reached in writing. If an export licence is required for the export of the Products and if such licence is not granted, the sales contract shall be deemed automatically cancelled. 1.3 The provisions of the agreed delivery term of Incoterms 2000 shall also apply, but in the event of conflict of terms, these Terms and Conditions shall govern. For the purposes of these Terms and Conditions, ”Delivery” shall mean that delivery is made according to the agreed delivery term of Incoterms 2000. 1.4 If any one or more provisions of these Terms and Conditions should be invalid, in whole or in part, the validity of the sales contract shall not in any way be affected thereby.

2. Prices and Price Quotations

2.1 Unless otherwise agreed, prices shall be quoted, if the sales contract is made with IP-holding GmbH, Ex Works IP-holding GmbH’s factory in Herborn, as we shall specify and all in accordance with Incoterms 2000. 2.2 Our prices do not include any sales tax (value-added tax) or import duty; this must also be paid by you if the sale is subject to such tax or duty. You shall assist us in a suitable manner in any proceedings concerning the collection of any taxes, duties, fees or other charges, and provide us with the necessary documentation. Costs arising from any necessary certification or legalization of commercial documents, as well as customs duties and other charges, fees and taxes if the sales contract is made with IP-holding GmbH shall be borne by you. 2.3 If the sales contract is made with IP-holding GmbH by the uniform currency of the European Union ”EURO”, the official conversion rate on the official day of conversion, the resultant payment of debts in ”EURO” and all other consequences of the currency change shall not constitute a violation of the sales contract, nor shall they entitle either party to the sales contract to take legal action.

3. Terms of Payment

3.1 If the sales contract is made with a customer located in Germany payment shall be made as set forth in the sales contract. 3.2 If the sales contract is made with a customer located outside of Germany and unless otherwise agreed, payment shall be made on Delivery by irrevocable letter of credit (”L/C”) to be opened in our favour and confirmed by a bank in Germany. The ”Uniform Customs and Practice for Documentary Credits” (UCP 500) of ICC, 1994 edition, shall govern the L/C and all costs and charges arising from the opening and maintenance of the L/C shall be borne by you. 3.3 Terms of payment: 50% with order intake, 50% with shipment confirmation Each order will be charged a flat fee of 100, 00 (one hundred) €. 3.4 Deductions (e.g. taxes, fees) shall not be permitted. 3.5 For purposes of determining its timeliness, a payment shall be deemed to have been made on the day the payment is credited to our account, or, in the case of checks and drafts, on the day they are paid. 3.6 Your obligation to pay shall be fulfilled only when the full amount invoiced is irrevocably credited to our account so that we may draw upon such funds freely and without being burdened by any reserve for reclamation. 3.7 We may set off any claims we may have against you against claims for payment which you may have against us. Without prejudice to further claims, we may charge default interest on any past due amounts from the due date at a rate equal to the costs incurred by us (including, without limitation, credit charges and processing costs). 3.8 You may set off only claims which are either uncontested by us or which have been adjudicated and are final and unappeasable. 3.9 If you default in payment or we have reasonable doubt as to your solvency or credit standing, we may, without prejudice to any other rights we may have, accelerate all claims arising out of our business relationship and make the delivery of the Products subject to prepayment.

4. Term of Delivery

4.1 Our compliance with the term of delivery presumes the timely receipt of all data to be supplied by you, the granting of all necessary permits and releases, your observation of the agreed terms of payment and the performance of all of your (collaborative or anticipatory) obligations, which are preconditions to the performance of our obligations. If these preconditions are not met in a timely manner, the term of delivery shall be appropriately extended. The term of delivery shall be deemed to have been complied with when, within the term of delivery, the products leave our factory or you have been advised that the products are ready for shipment. 4.2 If you shall cause interruption or delay of our contractual performance, corresponding additional costs shall be borne by you, and the term of delivery shall be extended appropriately. 4.3 If we shall be unable to comply with the term of delivery because of strikes, lockouts or unforeseeable events beyond our control, including, without limitation, mobilization, war, insurrections, changes in law, acts of government, shortages of materials or energy, incorrect or late supplies in spite of careful choice of suppliers, business interruption or transportation difficulties, we may extend the term of delivery appropriately. In the event of force majeure (external, unforeseeable and unavoidable event), e.g. an epidemic, measures in the context of labor disputes (in particular strikes or lockouts), non-performance by suppliers for which we are not at fault, as well as other unforeseeable circumstances for which we are not responsible, the period is extended the delivery period to a reasonable extent. If delivery becomes impossible or unreasonable for us due to the circumstances mentioned, we can withdraw from the contract. Claims for damages by the buyer due to delay in delivery as well as claims for damages in lieu of performance are excluded in all cases of delayed deliveries, even after the expiry of a delivery deadline that may have been set for us. This does not apply if we are liable in cases of intent, gross negligence or injury to life, limb or health. 4.4 If we are responsible for any delay in delivery, you may, either cancel the sales contract after the expiration of a reasonable extension granted in writing, or claim damages up to a maximum aggregate amount not in excess of 5 % of the value of the undelivered Products, provided you can prove that you actually suffered a loss as a result of the delay. Claims for damages, whether contractual or statutory, in excess of the amount set forth in the preceding sentence shall be subject to the limitations and exclusions of liability stipulated in Section 12 below. 4.5 Delivery may be made in partial shipments.

5. Shipment, Risk of Loss

5.1 Unless otherwise agreed, we shall determine the route and mode of transportation. 5.2 The risk of loss of, or damage to, the Products shall pass to you in accordance with the agreed delivery term of Incoterms 2000. If the dispatch, collection or delivery is delayed or becomes impossible for reasons beyond our control, we shall notify you accordingly and grant you a reasonable period of time for removal of the Products. Upon expiration of this period, we may store the Products in our warehouse or elsewhere, at your cost and risk. Upon such storage, our contractual obligation to deliver shall be deemed to be fulfilled, and the risk of loss of or damage to, the Products shall pass to you.

6. Notice of Defects and Damage in Transit

6.1 Obvious defects, incorrect shipments and shortages not caused by transport shall be reported to us in writing immediately, and in any event not later than 4 weeks after receipt of the Products. 6.2 If delivered by carrier, you may accept Products with externally visible damage or loss caused by transport only if you note such damage or loss on the freight documents, and this note is countersigned by the carrier. This also applies when internal or latent damage or loss can be assumed on the basis of the external condition of the shipment (e.g. damaged packing). Damage or loss caused by transport which is not externally visible shall be reported to the carrier immediately after discovery. In both cases you shall notify us immediately by telefax or email. 6.3 If you do not act in accordance with Sections 6.1 and 6.2, the Products shall be deemed to be complete and in conformity with the sales contract.

7. Reservation of Title

7.1 To the extent permitted by the law of the country to which the Products are delivered, we shall reserve title to the delivered Products (the ”Secured Products”) to secure the payment of all contractual claims we have against you for payment. 7.2 If you have purchased the Secured Products for resale you may dispose of the Secured Products in the ordinary course of business. This authorization shall terminate when you default in your obligations, become insolvent, or when legal bankruptcy, reorganization or similar proceedings are filed or instituted against you. 7.3 Upon termination of your authority in accordance with Section 7.2, we may demand the temporary return of the Secured Products at your expense, in order to secure our title to the Secured Products. 7.4 At our request, you shall furnish us with all relevant information about the inventory of the Secured Products. You shall notify us immediately of attempts by third parties to levy upon and sell the Secured Products and support us, at your expense, in securing our title to the Secured Products. 7.5 If reservation of title is not permitted by the law of the country to which the Secured Products are delivered, we may demand from you other, equivalent security (e.g. security interest, charge, or guarantees). You shall be obligated to collaborate in all measures which are necessary and legally permissible to secure our claims, and to notify us immediately if third parties assert claims, liens, or charges which endanger our title to the Secured Products.

8. Acceptance

8.1 After installation of the Products at your site an acceptance test according to our acceptance test procedures will be conducted. An acceptance test in our factory will be conducted only if previously agreed. 8.2 The Products are accepted and acceptance shall have occured, when the Products have successfully passed the acceptance test. Acceptance may not be refused because of minor defects, although such acceptance does not relieve us from our obligation to remedy said defects. 8.3 If you waive an acceptance test or do not attend the test, we reserve the right to conduct the test without you and you shall accept the test results. Additional costs resulting from the delay of such tests for reasons beyond our control shall be borne by you. In any event the Products shall be deemed accepted when you have taken them into service.

9. Warranty and Liability resulting from Defects

9.1 We warrant that the Products shall be free from defects in material and workmanship. Subject to the provisions of Section 6 above, if you report any such defect to us, we will, at our option, either replace or repair the Product free of charge. We shall decide whether defects will be repaired at the facility where the Products are used, or at the facilities of one of our representatives or subsidiaries or at our factory. If we decide not to repair the defects at the facility where the Products are used, you shall, at your expense, pack the defective products properly and safe for shipment and send them to the address designated by us. If we do not remedy the defect after the expiration of a reasonable period of time agreed to by you in writing or if several attempts at repair or replacement have failed, you shall be entitled either to reduce the purchase price by a reasonable amount which may not exceed 10% of the purchase price or to return the Product and demand a refund of the purchase price. 9.2 Unless otherwise agreed, the limitation period for warranty claims shall be 12 months from the date of acceptance. In any event, the limitation period shall terminate 15 months after Delivery. The limitation period for spare parts shall be 3 months after Delivery. 9.3 You shall immediately notify us of defects which appear and do everything within your power to keep the damage to a minimum. 9.4 We shall be obligated to remedy defects only if you comply with your contractual obligations. In particular, agreed payments must be made in accordance with the payment terms, and you may withhold payments only in an amount which bears a reasonable relationship to the defects which have appeared. 9.5 Defects resulting from normal wear and tear or from mishandling shall not be covered by this warranty. Our warranty obligation shall terminate if the Products are modified or repaired by you or third parties not authorized by us. 9.6 The following provisions shall apply to software: Only software defects which can be reproduced at any time shall be considered to be defects covered by our warranty obligation. We shall remedy software defects which substantially impair the use in accordance with the sales contract, at our option and depending on the extent of the defect, either by installation of an improved version of the software or by advice to how to eliminate such defects or to avoid their effects. We do not warrant that the software will function without error in each configuration you select, unless such configuration has been specified by us. 9.7 Save claims for damages the foregoing are your exclusive remedies in the event of a breach of warranty. ALL WARRANTIES, INCLUDING EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIAL PURPOSE, OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW. Any claims for damages, whether contractual or statutory, shall be subject to the limitations and exclusions of liability stipulated in Section 12, in particular claims for compensation for damages not incurred by the Product itself (consequential or indirect damages).

10. Industrial Property Rights and Copyrights

10.1 Should claims be brought against you for infringement of industrial property rights or copyrights (the ”Rights”) existing in your country based on your use of a Product delivered by us, we shall defend you against such claims and pay any costs or damages either adjudicated or allowed by us to the owner of such Right, provided that you notify us immediately in writing of such claims and all defences and measures to reach a settlement out of court are reserved to us. Under these conditions we shall generally obtain for you the right to continue to use the Product. If this proves impossible under economically feasible conditions, we shall, at our expense and at our choice, either modify or replace the Product so that it no longer infringes the Rights or take the Product back and reimburse you for the purchase price paid to us, adjusted to take into account the age of the Product. You shall not have any other or further claims arising out of the infringement of the Rights. We shall not be liable for infringement of Rights arising out of a modification of a Product delivered by us, use of such Product in a manner other than as specified in our publications or use of such Product in combination with other products not supplied by us. 10.2 We shall not be liable for infringement of Rights based on a Product manufactured by us in accordance with your drawings, designs and specifications. In such case you shall indemnify us and hold us harmless against claims of third parties. 10.3 You may not change the exterior of a Product to allow you or a third party to appear to be the manufacturer, or remove our trademarks from, or affix your trademarks to, the Product. 10.4 We reserve title and copyright to cost estimates, drawings and other documents supplied by us; they may be made available to third parties only with our prior written consent. Drawings and other documents relating to quotations shall be returned to us immediately upon request if no order is placed with us. The preceding sentences shall apply analogously to your documents; they may, however, be made available to such third parties from which we commission, or intend to commission, supplies or services.

11. Rights to software

You shall be granted a non-exclusive, non-transferable license to use programs, relating documentation and subsequent up dates exclusively in connection with the Product on which you initially use such programs, documentation and up dates. You shall have no further rights to the programs, relating documentation or subsequent up dates; we shall remain sole owner of the copyrights. You shall not without our prior written consent make these programs, relating documentation and subsequent up dates available to third parties, nor - even for your own purposes except for one backup copy - copy or otherwise duplicate them.

12. Liability and Claims for Damages

12.1 Liability for damages on our part and on the part of our employees and officers, regardless of the legal basis involved - including the breach of any legal obligation in connection with contract negotiations, breach of contract, default, tort or impossibility on our part - shall, subject to further limitations and exclusions in the following paragraphs, be limited to the cases in which a) the damage arises from wrongful intent or gross negligence or the breach of an express warranty or b) ordinary negligence results in a breach of an essential contractual obligation other than the breach of an express warranty - but in the case of this subsection b), liability shall be limited to the foreseeable damage and to a maximum amount of 50,000 Euro if the sales contract is made with IP-holding GmbH for economic loss and damage to property and 500,000 Euro if the sales contract is made with IP-holding GmbH for personal injury. 12.2 Any claims for damages shall be further limited in addition to the limitations contained in Section 12.1 so that, in the event of ordinary negligence, we shall not be liable for indirect damage including, without limitation, consequential damage in the form of property loss or loss of profits. Our liability for indirect damage shall be limited to 50,000 Euro if the sales contract is made with IP-holding GmbH in the event of gross negligence. 12.3 For software, the liability set forth in Sections 12.1 and 12.2 is applicable to such damages (e.g. loss or transformation of data) only, which are suffered despite you have performed a data backup in a machine-readable form at intervals adequate to the application concerned, but not later than at the end of the day on which the software was used.

13. Place of Jurisdiction and Applicable Law

13.1 If the sales contract is made with IP-holding GmbH, at its option, the courts of Limburg (Germany) or of your registered office or place of business shall have jurisdiction. 13.2 If the sales contract is made with IP-holding GmbH, the law of Germany shall govern, with theexclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.
DEUTSCH  |  ENGLISH

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For many years, we are supplying Acoustic Microscopes, Transducer, Pulser and Receiver worldwide. The well-known KSI quality is a guarantee for the best results.

The new patent based developed streamlined shape of the Transducer reduces turbulences, air bubbles and cavitations in coupling fluid significantly. This allows an increase of the scanning speed up to 50% with the correspondent electronics.