Welcome to the future of access control

iNFORM Technology GmbH

iNFORM Technology GmbH

Main office:

Berliner Str. 24
D-72458 Albstadt
Phone: +49 7431 9816090

Email:

info (at) inform-technology.de

Appointments available by arrangement.

Legal notices and disclaimer

Specifications in accordance with § 5 TMG

iNFORM Technology GmbH
Berliner Str. 24
D-72458 Albstadt

Represented by
Christian Wanner

Contact
Phone: +49 7431 9816090
Email: s.blersch (at) inform-technology.de

Register entry
Entry in the Commercial Register.
Registration court: Stuttgart
Registration number: HRB 773712

VAT registration number, in accordance with § 27a of the Value Added Tax Act:
DE312290945

The European Commission offers a platform for online dispute resolution (ODR):
http://ec.europa.eu/consumers/odr
You will find our email address above under Legal notices.
We are neither prepared nor obliged to participate in a dispute resolution process held by a consumer arbitration board.

Sources for graphics and image files

© Sandra Blersch, except
Macro photo of tooth wheel mechanism with SECURITY concept letters – © EtiAmmos – www.shutterstock.com
Multi exposure concept with handsome man. Horizontal – © SFIO CRACHO – www.shutterstock.com
Concept of businessman standing on the roof oF his building and looking at city.
Modern city background. Wide – © SFIO CRACHO – www.shutterstock.com
Close up of shaking hands. City view is seen at the background. Concept of meeting new business partners. Double exposure. Toned image.
Mockup – © ImageFlow – www.shutterstock.com
Businessman holding hard hat and standing against large city panorama – © ImageFlow – www.shutterstock.com
Double exposure concept with handsome man. Isolated. Horizontal – © SFIO CRACHO – www.shutterstock.com
Blurred business people at a trade show, germany © Durch r.classen – www.shutterstock.com

Liability for content

As a service provider we are, in accordance with § 7 Abs.1 TMG, responsible for our own content on these pages complying with relevant laws.
In accordance with §§ 8 to 10 TMG however, as service providers, we are not obligated to monitor communicated or externally stored information or to search for evidence of illegal activities.
Obligations to remove or block the use of information in accordance with the provisions of general law remain unaffected.
However, a liability in this regard is only possible from the timepoint of the knowledge of a concrete infringement.
We will remove such content promptly in cases where we become aware of any infringements.

Liability for links

Our offering contains hyperlinks to external websites of third parties, upon whose contents we have no influence.
For this reason, we cannot take responsibility for external content.
The responsibility for the contents of the linked pages always rests with the supplier or operator of the pages.
The linked pages were examined for possible legal violations at the time of linking.
Illegal content was not recognizable at the time of linking.
However, ongoing oversight of the content of linked pages is not reasonable without concrete evidence of a legal violation.
If we become aware of any legal violation, we will delete such links at once.

Copyright

German copyright law governs content and works created by the page operators and presented on these pages.
Copying, modification, distribution or any other form of exploitation outside the copyright limits is strictly prohibited without the author’s or creator’s written consent.
This page may only be downloaded or copied for private, not commercial, use.
Insofar as the contents of this page were not compiled by the operator, the copyrights of third parties are respected.
In particular the content of third parties is identified as such.
Nevertheless if you should become aware of a copyright violation we request that you notify us accordingly.
If we become aware of any legal violation, we will delete such content at once.

Source: https://www.e-recht24.de

Privacy policy

Information about the collection of person-related data and contact data of the responsible entity

We are pleased that you are visiting our website and thank you for your interest.
Below we inform you about the handling of your personal data when using our website.
Personal data is all data with which you can be personally identified.

The responsible party in terms of data protection legislation (GDPR) is:

iNFORM Technology GmbH
Berliner Str. 24
72458 Albstadt
Phone: +49 7431 98160-90
Email: info (at) inform-technology.de

This website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content such as orders or inquiries that you send to us in our capacity as responsible website operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar. If SSL or TLS encryption is activated, third parties are categorically unable to read the data that you transmit to us.

In addition to this, we employ suitable technical and organizational security measures to protect your data against accidental or deliberate manipulation, partial or total loss, destruction or unauthorized third-party access. We continuously improve our security measures in line with the latest technological developments.

Please note that data transmitted on the Internet (e.g., during e-mail communication) is not always secure. It is not possible to guarantee complete protection of data against access by third parties.

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

With whom is personal data shared?

Within iNFORM Technology GmbH, your data is shared with those divisions that require it for the performance of our contractual and legal obligations. iNFORM Technology Gmbh is authorized to transfer personal data of the user to affiliated companies of the group as far as this is necessary for processing a legal transaction or if the data subject has consented to the transfer of data.

Processors (see Art. 4 Clause 8 of the GDPR) employed by us may also receive data for the purposes mentioned above. Specifically, these are companies that belong into the categories of IT services, IT security and marketing service providers. All service providers have been carefully selected by us and are subject to regular checks. All processors used are contractually obligated according to Art. 28 of the GDPR and are required to adhere to our instructions. Furthermore, we may be obligated to transmit your personal data to other recipients (public offices) such as authorities in order to comply with statutory reporting obligations. Data is only transferred to other third parties if you have given your consent to do so.

Cookies

In order to support your visit on our website and to enable the use of certain functions, we use so-called cookies on various pages.
These are small text files that are stored on your device.
Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (session cookies).
Other cookies remain on your device and enable us to recognize your browser on your next visit (persistent cookies).
If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values ​​to an individual extent.
Persistent cookies are automatically deleted after a specified period, which can vary depending on the cookie.
If personal data is also processed by individual cookies implemented by us, the processing takes place in accordance with Article 6 (1) (f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). If we work together with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following paragraphs.

Please note that you can set your browser accordingly, so that you are informed about the setting of cookies. Thus you may decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.

These can be found here:
Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Safari: https://support.apple.com/kb/ph21411?locale=de_DE
Opera: http://help.opera.com/Windows/10.20/de/cookies.html

Please note that if cookies are not accepted, the functionality of our website may be restricted.

Contact

When contacting us (e.g. via contact form or e-mail), personal data is collected.
The data that is collected when using the contact form can be seen from the respective form.
This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration.
The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR.
If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
Your data will be deleted after your request has been finally processed.
This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no other legal storage obligations that prevent us from that.

Login area (registration)

If you use our login area, we save a user profile in order to be able to identify you as a registered user. We use this data exclusively to provide you with the services offered in the login area. You can delete your registration and thus the user profile at any time using the function provided for this purpose.
Alternatively, please send us an email to: info (at) inform-technology.de

Use of tools

Google Web Fonts

This site uses so-called web fonts for the uniform display of fonts. These web fonts are provided by:
Google Inc., 1600
Amphitheater Parkway,
Mountain View, CA 94043,
United States (“Google”)

When you access a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.
Thus, the browser you are using must connect to the Google servers.
This gives Google knowledge that our website was accessed via your IP address.
Google web fonts are used in the interest of a uniform and appealing presentation of our online offering.
This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.
If your browser does not support Google web fonts, a standard font will be used by your computer.
Google LLC based in the USA is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.

For more information about Google Web Fonts, see
https://developers.google.com/fonts/faq
and in Google’s privacy policy:
https://www.google.com/policies/privacy/

Your rights

The right to request information, correction, and deletion

As part of the applicable statutory provisions, you have the right at any time according to Art. 15 of the GDPR to receive information free of charge about your stored personal data, its origin and recipients and the purpose of data processing and, if applicable, a right to the correction according to Art. 16 of the GDPR or deletion of this data in compliance with Art. 17 of the GDPR. The right of access and the right to erasure are subject to the restrictions according to §§ 34 and 35 of the German Federal Data Protection Act (BDSG). To exercise your rights, you can contact the data controller or the data protection officer using the contact details provided above.

The right to restrict the processing of your data

You have the right to request the restriction of processing of your personal data. To exercise your rights, you can contact the data controller or the data protection officer using the contact details provided above. The right to restrict processing applies in the following cases:

– If you dispute the accuracy of your personal data stored by us, we usually need time to investigate this. For the duration of this investigation, you have the right to request the restriction of processing of your personal data.
– If your personal data was/is unlawfully processed, you can request the restriction of data processing instead of the deletion of the data.
– If we no longer require your personal data but you require it in order to exercise, defend or assert legal claims, you have the right to request the restriction of processing of your personal data instead of its deletion.
– If you have lodged an objection according to Art. 21 Par. 1 of the GDPR, consideration must be given to your interests and our interests. For as long as it cannot be determined whose interests take priority, you have the right to request the restriction of processing of your personal data.
– If you have restricted the processing of your personal data, this data – with the exception of its storage – may only be processed with your consent or for the purpose of asserting, exercising or defending of legal claims or protecting the rights of a natural or legal person or on grounds of important public interest of the European Union or a member state.

The right to data portability

According to Art. 20 of the GDPR, you have the right to request that we hand over data that we process automatically based on your consent or for the performance of a contract to yourself or to a third party in a commonly used machine-readable format. If you request the direct transmission of data to another controller, this will only take place insofar as it is technically feasible.

The right to object to data collection in special cases and to direct marketing

If data is processed on the basis of Art. 6 Par. 1 (e) or (f) of the GDPR, you have the right, for reasons that arise from your particular situation, to lodge an objection at any time to the processing of your personal data; this also applies for profiling based on these provisions. For information about the relevant legal basis on which any such processing based, refer to this data privacy statement. If you submit an objection, we will no longer process your personal data in question unless we can demonstrate compelling legitimate grounds for such processing, which override your interests, rights and freedoms or if processing serves the assertion, exercise or defense of legal claims (objection according to Art. 21 Par. 1 of the GDPR).

If your personal data is processed for direct marketing purposes, you have the right to lodge an objection at any time to the processing of personal data that concerns you for the purpose of such marketing; this also applies to profiling insofar as it is connected with this type of direct marketing. If you lodge an objection, your personal data will no longer be used for direct marketing purposes (objection according to Art. 21 Par. 2 of the GDPR).

Withdrawing your consent to data processing

Many data processing operations can only be carried out with your explicit consent. You may withdraw consent previously issued by you at any time. Any such withdrawal does not affect the lawfulness of data processing carried out up to the time of the withdrawal.

Right to lodge a complaint with the responsible supervisory authority

In case of infringements of the GDPR, the data subject has the right to lodge a complaint with a supervisory authority, in particular in the member state of his or her habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint shall apply irrespective of any other administrative or judicial legal remedy.

The responsible supervisory authority for issues relating to privacy regulations is the commissioner for data protection of the German federal state in which our company has its registered office. For a list of commissioners for data protection as well as their contact details, refer to the following link:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

You can find the supervisory authorities in the European Union at
https://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

Obligation to provide your personal data

In order to conclude a contract, you must provide us with the necessary personal data for the performance of the contractual relationship or that we are legally required to collect. If you do not provide us with this data, we are unable to perform and process the contractual relationship or provide our services.

You must provide personal data as part of your application in order for the application process to proceed. In other words, if you fail to provide any personal data in an application, we will not carry out the application procedure and will be forced to exclude you from the selection process.

Automatic decision-making

Automatic decision-making in accordance with Art. 22 of the GDPR, which has a legal effect on you, is not carried out.

Social Media

We maintain publicly accessible profiles in social networks. You can find the individual social networks that we use further below.

Social networks such as Facebook, etc. can generally carry out extensive analyses of your user behavior if you visit their website or a website with integrated social media content (e.g., “like” buttons or ad banners). Visits to our social media presence trigger numerous processing operations with privacy implications.
Specifically, these are as follows:

If you are signed in to your social media account and visit our social media presence, the responsible operator of the social media portal can assign this visit to your user account. Under certain circumstances, however, your personal data can also be recorded if you are not signed in or do not have an account with the respective social media portal. In this case, the data is recorded, for example, by cookies that are stored on your terminal or by the recording of your IP address.

The data recorded in this way enables the responsible operators of the social media portals to create user profiles in which your preferences and interests are stored. This makes it possible to display interest-based ads to you both inside and outside of the respective social media presence.
If you have an account with the respective social network, the interest-based ads can be displayed on all devices on which you are or were signed in.

Please also keep in mind we are unable to track all processing operations on the social media portals. Depending on the provider, the responsible operators of the social media portals may therefore carry out additional processing operations.
For details about this, refer to the terms of use and the privacy policies of the relevant social media portals.

Legal basis of processing

Our social media presentations aim to guarantee the widest possible presence on the Internet. This is a legitimate interest pursuant to Art. 6 Par. 1 (f) of the GDPR. The analysis processes initiated by the social networks may be based on different legal principles, which the responsible operators of the social networks are required to specify (e.g. consent in accordance with Art. 6 Par. 1 (a) of the GDPR).

The controller and exercising of rights

If you visit one of our social media presentations (e.g. Facebook), we and the responsible operator of the social media platform are jointly responsible for the data processing operations triggered during this visit. As a general rule, you are entitled to assert your rights (information, correction, deletion, restriction of processing, data portability and complaints) against us and against the responsible operator of the respective social media portal (e.g. against Facebook).

Please note that despite sharing responsibility with the responsible operators of the social media portals, we have limited influence on the data processing operations of the social medial portals. Our options are primarily aligned with the corporate policy of the respective provider.

Storage duration

The data recorded directly by us via our social media presence will be deleted by our systems as soon as you request us to delete it, you withdraw your consent to its storage or the purpose for which the data is stored no longer applies.
Stored cookies remain on your terminal until you delete them. Mandatory legal provisions – especially retention periods – are not affected.

We have no influence on the storage duration of your data that the responsible operators of the social networks store for their own purposes. For details about this, please seek information directly from the responsible operators of the social networks (e.g., in their data privacy statement, see below).

Facebook

We have a Facebook profile. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter Meta). In the USA and Canada, the responsible service provider is Meta Platforms Inc., 1 Hacker Way, Menlo Park, California 94025, USA.
According to Facebook’s statement the collected data will also be transferred to the USA and to other third-party countries.

We have concluded an agreement with Meta regarding joint processing (Controller Addendum). This agreement sets out for which data processing operations we or Meta can be held responsible if you visit our Facebook page. You can view this agreement at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum.

You can customize your ad settings independently in your user account. To do this, click on the following link and sign in:
https://www.facebook.com/settings?tab=ads.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum and
https://www.facebook.com/help/566994660333381

For details, refer to the Facebook data privacy statement:
https://www.facebook.com/about/privacy/.

Instagram

We have a profile on Instagram. The provider is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland. In the USA and Canada, the responsible service provider is Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum and
https://www.facebook.com/help/566994660333381.

For details on how they handle your personal information, see the Instagram Privacy Policy:
https://help.instagram.com/519522125107875.

YouTube

We have a YouTube profile. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Outside of the European Economic Area (EEA) and Switzerland, the provider is Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

For details on how it handles your personal data, refer to the YouTube data privacy statement:
https://policies.google.com/privacy.

Android privacy policy

iSAC-3 Bluetooth app privacy policy

Die „iSAC-3 Bluetooth-App“ (nachfolgend auch als „App“ bezeichnet) ist eine Software (Computerprogramm) für ein von Ihnen verwendetes kompatibles Endgerät (Smartphone mit Android-Betriebssystem). In dieser Datenschutzerklärung wird erläutert, welche Daten in welcher Form in der App verarbeitet werden, wenn Sie diese downloaden, installieren, nutzen und mit dem Hersteller Kontakt aufnehmen können. Einige Daten, die bei der Nutzung der App verarbeitet werden, sind personenbezogene Daten. Personenbezogene Daten sind Einzelangaben über persönliche oder sachliche Verhältnisse einer bestimmten oder bestimmbaren natürlichen Person. Wir nehmen den Schutz personenbezogener Daten sehr ernst und beachten sämtliche anwendbaren datenschutzrechtlichen Bestimmungen.

The iSAC-3 Bluetooth app (hereinafter also referred to as “app”) is software (computer program) for a compatible end device you use (smartphone with Android operating system). This privacy policy declaration explains the data and the ways it is processed within the app if you download, install, use the app and also how to contact its manufacturer. While using the app some of the processed data therein is personal data. Personal data is individual information about personal or factual circumstances of a specific or identifiable natural person. We take the protection of personal data very seriously and observe all applicable data protection regulations.

Responsible office

The provider of the app in accordance with the Telemedia Act (TMG) is iNFORM Technology GmbH.
The address of the provider is as follows:

iNFORM Technology GmbH
Berliner Str. 24
72458 Albstadt
Germany

The provider does not collect, develop or use any personal data in connection with this app. The provider acts in its own name and on its own account.

If you have any questions about data protection or would like to make use of your rights, obligations and claims as a data subject, please contact info (at) inform-technology.de.

The iSAC-3 Bluetooth app

The iSAC-3 Bluetooth app provides the technically supported possibility to access doors at access points that are equipped with a corresponding remote station (iNFORM Bluetooth module).

Technical requirements for use

Using the iSAC-3 Bluetooth app requires a device (smartphone with Android operating system from version 4.4.1) that allows the installation and use of an app. In your own interest, we recommend that you always keep the software on your device up to date, regularly install operating system updates and any security programs that may protect your device from unauthorized access.

App download and installation

In order to enable the use of the iSAC-3 Bluetooth app, you must install this app on your end device.
After installation, the app must be provisioned once with the access control system.

In order to enable the app download, you may have to give your consent to an agreement with a third-party provider (e.g. Google Inc., iTunes SARL, hereinafter referred to as “third-party provider”) to access to a portal or online shop of the respective third-party provider ( e.g. Google Play Store, iTunes App Store, hereinafter referred to as “third party portal”). The operator is not a party of such an agreement and has no influence on the data processing by the third party.

If, in accordance with the applicable terms of use of the third-party provider, the provider becomes your contractual partner for the purchase of the app (e.g. in the Google Play Store), the provider processes the data provided by the third-party provider to the extent necessary to fulfill the contract.

Authorizations

In order to be able to use the app on your device, it must be able to access various functions and data on your end device. Location access
– (For details see section VI)
– Camera (see Section VII for details)

Location determination

The iSAC-3 Bluetooth app does not use the location services for the purpose of determining your location.
Due to technical reasons, this authorization is required by the operating system level (Android) in order to be able to recognize other devices via the Bluetooth Low Energy API, which the app uses. In this case, granting permission is a prerequisite for the functionality of the app.

No position data is collected or transmitted to third parties.

Data processing

The app does not collect any personal profile data (such as surname, first name, gender, date of birth, …), but identifies itself to the Bluetooth remote stations with an abstract token that is a code number, which is transmitted during initial commissioning (provisioning).

For the purpose of the one-time provisioning, the app uses the camera module of your device to read a so-called QR code with the provisioning information.
The captured images are not stored persistently on the device or forwarded, but only kept in memory for decryption and deleted after processing.

All recorded and provisioned data is stored exclusively in a protected area on your end device.

Data transfer to third parties

The iSAC-3 Bluetooth app does not transfer any data to third parties.

Data security

The application encrypts (AES encryption algorithm) all relevant access data stored locally on the device. This applies to all the data stored during provisioning.

Local (cached) information about access points is not encrypted but stored inaccessibly to other apps. This information does not allow any conclusions to be drawn about your identity but only contains the freely available information about the access points of the access control system for the purpose of improving the performance of the app.

General terms & conditions

(Work contract and Sales contract)

I. Scope of application

The following General terms & conditions constitute part of all offers and contract acceptances made by the supplier and form the basis for sales and deliveries made by the supplier, including consultancy and the provision of information.
They apply as an accepted part of the contract from the point of order placement by the customer.
Contradictory General terms & conditions applied by the customers are herewith refuted in their entirety; they will only become part of the contract, in deviation from the given General terms & conditions, on a one-off basis within the scope of the confirmation, when confirmed in writing by the supplier.
In the case of additions and follow-on orders of the type listed under I. 1, these General terms & conditions apply accordingly.
They apply as an accepted part of the contract at the latest from the point of order placement by the customer.
If the supply of hardware and software products constitutes part of the contract, the pertinent conditions applied by the supplier, in the form valid at the time of delivery, apply accordingly

II. Contract content

Pre-contract communications, in particular offers, descriptions, cost estimates are non-binding, unless otherwise expressly agreed.
Information, brochure content, data sheets and application advice only have an informative function and are used to communication general knowledge.
Unless otherwise agreed, they do not constitute part of the contract.
The supplier reserves the right to carry out technical amendments when fulfilling the order, provided that such improvements or modifications are due to advances in technical development or prove to be useful, in individual cases, in terms of the capacity of the equipment or of the components.
Any call made by the customer that deviates from or extends the contract on the grounds of “common industry practices” is herewith expressly rejected

III. Prices

Prices quoted by the supplier are exclusive of the statutory VAT if the VAT is not expressly quoted. In the case of a sales contract, prices are quoted as ex works or ex warehouse. Unless otherwise agreed, packaging and installation are not included in the price.
Insofar as the statutory rate of VAT should increase after the contract is agreed, the supplier is authorized to apply the same increase.
If a price agreement that is binding on the supplier has been concluded, the supplier is nevertheless entitled to adjust the prices if the services to be supplied by the supplier do not have to be fulfilled until more than four months after the contract has been agreed, if the delivery or the service is directly or indirectly affected retrospectively or made more expensive as a result of newly applied public levies, extra charges, freight costs or an increase in same or other statutory measures or a change in cost factors such as wage and material costs that impact on the prices calculated by the supplier.
If price rises resulting from the named circumstances cause in increase in price by more than 10% (ten percent) of the agreed price, the customer can withdraw from or cancel the contract.
This does not apply if the supplier has agreed expressly and in writing to a fixed price.

IV. Delivery times, delivery, transfer of risk

Execution of the order or delivery starts at the latest within approximately 6 (six) weeks of the contract being concluded, unless the supplier has identified the execution date as being binding, expressly and in writing.

The execution or delivery time starts on the day that the unconditional order confirmation from the customer is received by the supplier, however not before clarification of all execution details and fulfilment of all other requirements that the customer has to meet.

In the case of force majeure or other exceptional blameless circumstances, e.g. material procurement difficulties, operational disruptions, strikes, lock-outs, lack of transportation, regulatory interventions, difficulties in energy supplies, etc., even if they occur at an upstream supplier, the execution or delivery time shall be extended by the duration of the disruption and of a reasonable restart period, if the supplier is impeded in the punctual fulfilment of his obligations.
If the supply or the execution of the service is rendered impossible by the named circumstances or if the supplier has a right to withhold performance on the grounds of personal or practical unreasonableness, the supplier is freed from his obligation to supply or to execute the service.
If the delay in execution exceeds 4 (four) weeks, the customers is entitled to withdraw from the contract.
If there is a delay in the supply or the execution of the service or if the supplier is freed from his obligation of supply or execution of service, the customer cannot derive any claims for compensation therefrom.
The supplier can only invoke the named circumstances if he informs the customer of same without delay.
The right of the customer to withdraw from the contract following the unsuccessful expiration of reasonable grace period set by the customer, remains unaffected.
The supplier shall be entitled to make partial deliveries insofar as they are reasonable for the customer.
In the case of a work contract, the risk shall pass to the customer upon commissioning of the work by the supplier, but at the latest with the acceptance of the work.
This also applies to partial acceptance, provided that this can be done in accordance with the type and nature of the work.
If no acceptance is required by the customer, the service shall be deemed accepted after the expiry of 12 (twelve) business days after written notification of completion.
The aforementioned regulations also apply to partial acceptance. The acceptance cannot be denied or delayed due to minor deficiencies.
The place of fulfilment upon conclusion of a purchase contract is the supplier’s office.
The customer bears the cost of sending the object of purchase from the supplier’s office location.
If no agreement has been reached on the dispatch, this shall be at the discretion of the supplier, whereby the supplier is not obliged to select the most price-favorable type of dispatch.
If the customer is an entrepreneur, the risk of loss or damage to the goods shall be transferred to the customer, even if freight-free delivery has been agreed upon, as soon as the goods leave the factory or warehouse.
At the request of the customer, the goods will be insured at their expense against breakage, transport and fire damage.
If the performance or delivery is delayed at the request of the customer or for reasons for which he is responsible (creditor delay), the risk for the time of the delay passes to the customer.
The customer shall be responsible for the corresponding costs for the waiting period, provision and storage and other necessary journeys made by the supplier’s staff in the completion of the supplier’s fulfilment obligations

V. Installation and maintenance of installations

Unless otherwise agreed in writing, the following provisions shall apply to all types of installation, assembly and maintenance:
1. The customer shall bear the costs at his own expense for and make available in due time:
Auxiliary teams such as general labourers and, if necessary, masons, carpenters, locksmiths, crane drivers, other skilled workers with the required tools in the required quantities,
all earth, bedding, chiselling, scaffolding plastering and other ancillary works, including the necessary building materials, operating power and water, the necessary connections to the point of use,
heating and general lighting, sufficient space, suitable dry and lockable rooms at the assembly site for the storage of machine parts, apparatus, materials, adequate working and recreational areas, including appropriate sanitary installations for the assembly personnel.
In addition, in order to protect the supplier and to have the supplier’s installation personnel on the building site, the customer shall take the necessary measures to protect his own property.
Protective clothing and protective devices as are necessary due to any special circumstances of the assembly site and which are not customary for the supplier.
5 (five) working days prior to commencement of the assembly work, the customer must provide the necessary information on the location of concealed electricity cables, gas pipes, water pipes or similar installations as well as the necessary static data, without being asked.
The customer undertakes to certify to the installers and the installation personnel the work that has been done on a daily or weekly basis, depending on the choice of the supplier.
The customer shall also confirm the completion of installation or assembly on documents submitted by the supplier.
The costs of the environmentally-appropriate disposal of build-in parts and components that have to be expanded or replaced, are to be borne by the customer.
2. If the supplier has undertaken the assembly or maintenance on the basis of individual billing, the following conditions shall be deemed to be agreed upon, in addition to the provisions under 1.:
The customer shall pay the billing rates agreed with the supplier at the time of the contract assignment for working hours and supplements for overtime, night, Sunday and public holiday work, for work under difficult conditions as well as for planning, supervision and documentation.
This also applies to the consumption of material, including offcuts, as well as to the construction and connection of the equipment.
Preparatory work, travel time, run times and time spent on clarifications shall be deemed to be working hours, whereby actual expenses, in particular wages and vehicle costs, are calculated for travel to and from the work site.
In addition, the following costs shall be remunerated separately:
travel expenses, transportation of tools and personal luggage, freight and packaging,
delivery of all materials and equipment as well as technical documentation that has been ordered,
user-specific expenses and allowances for working hours as well as for rest days and public holidays.
3. Repeated inspections and work can be required to diagnose and correct intermittent errors. In this respect, the customer shall also bear the costs of repeated deployments by the supplier

VI. Payment

Our invoices are due for payment 8 (eight) days after the invoice is presented.
In the event of default by the customer, interest shall be charged in accordance with § 288 BGB, subject to the assertion of further damages.
Payments with a debt-discharging effect can only be made to the supplier himself.
Advance payments are due as follows: 30% on order placement, 30% at start of assembly and 30% at equipment handover.
If the pre-payments are not made on time, the supplier shall be entitled to terminate any further activity or to postpone further work until payment is made.
The acceptance of cheques, bills of exchange and other securities shall only be made subject to the customary reservation that they can be redeemed and that they can be discounted, as well as to the assumption that all costs incurred in connection with the redemption shall be borne in full by the customer.
Discounting and exchange charges shall be borne by the customer and shall be payable immediately.
In the case of part delivery of services, the customer is entitled to request corresponding part payments.
All claims made by the supplier shall become due immediately, irrespective of the runtime of any bills of exchange received and credited, if the terms of payment are not complied with or if the supplier becomes aware of circumstances that are likely to impact on the creditworthiness of the customer.
If the customer withdraws from the contract (cancellation) without the supplier having giving him a reason to do so or if the customer declares his withdrawal from or termination of the contract for reasons for which he is responsible, he is obliged to pay any costs that have already been incurred, as well as any lost profit at a flat fee of max. 30% (thirty percent) of the agreed compensation.
The customer reserves the right to provide evidence that costs and profits at this level have not occurred or have not been lost.
In this case, remuneration is only made at the level for which sufficient evidence has been provided.

VII. Retention of title of ownership

All goods remain the property (reserved goods) of the supplier until the fulfilment of all obligations that existed at the time of the conclusion of the contract – in the case of payment by cheque or bill of exchange until encashment – irrespective of the legal basis and also then, when specially designated charges have already been settled.
If the contract concerns the operation of a trader’s business, then sentence 1 also applies to future or conditional obligations from contracts concluded at the same time or later.
The customer is obligated to refrain from any impairment of the property with respect to the reserved goods and to notify the supplier immediately in the event of access by third parties. Costs resulting from interventions shall be borne by the customer
If the value of the collateral exceeds the obligations of the supplier by more than 20% (twenty percent), the supplier shall, at the customer’s request, free up collateral of his choice.

VIII. Claims and rights for defects

If the object of the contract is defective, the customer may, in the first instance, demand supplementary performance (rectification or replacement delivery) within a reasonable period, whereby the supplier can choose between rectification or replacement delivery.
In the event of rectification, the supplier shall have two opportunities.
In the event of the delayed, refused or repeated failure to rectify, the right to revocation (cancellation of the contract) or reduction (reduction of the remuneration) shall remain unaffected.
If the customer is an entrepreneur, there are no grounds for claims for defects in the case of minor deviations from the agreed condition or in the case of insignificant impairment of the usability of the contractual object. If construction work is the subject of the defect liability, withdrawal from the contract is excluded.
In the case of a purchase contract, the period of limitations for supplementary performance, withdrawal or reduction in the case of new items is 2 (two) years; for used items it is 1 (one) year.
The period begins with the delivery of the purchased item. If the customer is an entrepreneur, the period of limitation for new purchased goods is 1 (one) year. In the case of used items, supplementary performance, withdrawal and reduction are excluded.
If the contract is a work contract, the period of limitation for supplementary performance, revocation and reduction is 1 (one) year.
The period begins with the acceptance of the work or, in the absence of acceptance, with the commissioning of the plant.
In the case of the existence of defects, the customer is entitled to a right of retention if this is proportionate to the defects and the probable costs of the supplementary performance (in particular a defect resolution).
The supplier draws attention to the fact that an absolutely error-free creation of software, in particular of complex software systems, is not possible in accordance with the current state of technology or is not possible at a reasonable cost.
The object of this deficiency liability is a program which is fit for typical purpose or for use according to the contract, in accordance with the program description.
The supplier shall ensure that when given to the customer, the data carrier shall have no material or manufacturing defects.
It should be noted that a software is subject to constant improvement efforts during its working life and therefore an update must be carried out at certain intervals.
This does not represent a defect, but is an inherent property of software.
If programs are used with the customer’s own hardware, the defect liability only extends to the delivered software and not to its interaction with the hardware and software provided by the customer.
The customer shall grant sufficient time and opportunity as appears reasonable to rectify any defects.
The defect liability does not relate to natural wear and tear, nor to damage caused by faulty or negligent handling, excessive stress, weather influences, force majeure, unsuitable equipment, defective construction work, unsuitable foundations and such chemical, physical, electromechanical or electrical influences as are not presupposed under the contract.
Changes in use intended by the customer shall be notified to and agreed with the supplier.
If the customer fails to make such known to the supplier, he loses any claim for damages.
The supplier does not accept any defect liability in respect of products / services provided by the customer

IX. Liability

The supplier is only liable in the case of intent and gross negligence. Liability for minor negligent breaches of duty is excluded, insofar as damages resulting from injury to life, body or health or to guarantees are not affected.
This shall also not affect the liability for the breach of obligations, the fulfilment of which constitutes the proper execution of the contract and on which the client may regularly rely.
The same applies to any breaches of duty by the supplier and representatives of the supplier.
No additional liability shall be assumed; in particular no liability will be accepted for damages resulting from criminal acts, e.g. robbery, theft, burglary, against persons, property or assets of the customer or third parties.
In any case, claims for consequential damages, e.g. in the event of the non-functioning of the installation, burglary, costs of the police or fire service, as well as security companies responding to alarm notifications, are excluded, unless mandatory statutory provisions on liability for intent or gross negligence are contrary to these liability exclusions and/or when damages resulting from injury to life, body or health are being claimed.
The supplier shall not be liable for the work of his vicarious agents, insofar as the work is not related to the agreed deliveries or services, or as insofar as the work was directly requested by the customer.
Any irregularities in the fulfilment of the supplier’s contractual obligations shall be notified immediately in writing to the supplier, as otherwise no rights can be derived from them.
Advice given by customer’s personnel or representatives appointed by him shall be non-binding and shall not be part of the contract.
Such advice is based on the state of the knowledge and experience available at the time and are given in good faith and to the best of our knowledge.

X. Applicable law, place of performance and jurisdiction

The law of the Federal Republic of Germany applies to the legal relations between the supplier and the customer.
If the contract concerns the operation of a trader’s business, the exclusive place of performance and jurisdiction is the supplier’s place of business.

XI. Data storage

The supplier shall be entitled to process and store data relating to the customer recorded as part of the context of the business relations within the meaning of the Federal Data Protection Act, insofar as this appears to be expedient for the implementation of the contract.

XII. Miscellaneous

The supplier’s offers and planning documents are protected by copyright and may not be reproduced or passed on without the written approval of the supplier.
In the event of an infringement, the customer is obliged to pay damages.
The programs provided by the supplier for usage are protected by copyright.
The customer undertakes to use these programs exclusively for himself and only within the scope of his commercial activity.
By accepting the programs, he undertakes not to duplicate them or allow them to be duplicated without the consent of the supplier and not to make copies or allow copies of the program descriptions to be made and not to make the programs or copies available to unauthorized third parties.
In the case of an infringement, the customer is obliged to pay damages.
In the case of transmissions via the public telephone network or other transmission media, the supplier shall not provide any security for establishing the connection and transmitting the messages, other than that provided by the corresponding transmission service provider.
Charges levied by the power supply company, police, fire service or third parties on the basis of the agreed deliveries and services shall be borne by the customer.
The supplier has the right to make use of other trustworthy companies for the fulfilment of his obligations.
There exists no obligation for the supplier to procure spare parts if this can only be achieved with an unreasonable level of economic effort or when procurement is actually impossible.
In case of any doubt concerning the understanding and/or interpretation of any clauses contained within these General terms & conditions, the German language version of same shall be deemed to be conclusive.

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iNFORM Technology GmbH
Berliner Str. 24
72458 Albstadt
Telefon: +49 7431 98160-90
E-Mail: info (at) inform-technology.de

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Made in Germany  |  ISO 9001 certified