General Terms of Sale and Delivery Customer Privacy Statement
Benzstraße 4
D-75334 Straubenhardt
Registrar: HRB 501307 in Mannheim, Germany
VAT No.: DE 144600194 Tax No.: 49047/02533
Phone: +49 (0) 7082 9255-0 Fax: +49 (0) 7082 92554444
Internet: www.raytest.com www.raytest.de www.raytest.biz
E-mail: info@raytest.com
Presidents of raytest Isotopenmessgeraete GmbH: Carsten Dietzel, Sven-Oliver Dietzel
Responsible for raytests internet appearance: Carsten Dietzel
Please read these terms carefully before using this site.
Acceptance of Terms
RAYTEST makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by RAYTEST (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. RAYTEST reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.
Copyright
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, RAYTEST and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of RAYTEST.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and RAYTEST, all materials and services on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, RAYTEST makes no warranty that, (i) the services and materials will meet your requirements, (ii)the services and materials will be uninterrupted, timely, secure, or error free. (iii) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, (iv)the quality of any products, services, or information purchased or obtained by you from the site will meet your expectations, and (v)any errors in the software obtained from the site will be corrected. Some states or jurisdictions on how long an implied warranty may last. So the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
This site could include technical or other mistakes, inaccuracies or typographical errors. RAYTEST may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and RAYTEST makes no commitment to update such materials or services.
RAYTEST assumes no responsibility for errors or commissions in the information, documents, software, materials and /or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied.
In no event shall RAYTEST or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting for loss of use, data or profits, whether or not RAYTEST has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liberations may not apply to you.
The use of the services or the downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from RAYTEST or through or from the site shall create any warranty not expressly stated in the terms of use.
This Site contains links to third-party Web sites that are not under the control of RAYTEST. RAYTEST makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-RAYTEST Web site, you do so at your own risk and RAYTEST is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. RAYTEST provides these links merely as a convenience and the inclusion of such links does not imply that RAYTEST endorses or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain references to RAYTEST products, services, and programs that have not been announced in your country. These references do not imply that RAYTEST intends to announce such products, services or programs in your country.
Notification of Copyright Infringement
RAYTEST will, in appropriate circumstances, who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide RAYTEST a Notice containing the following elements:
- aphysical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled
- adescription of where the material that you claim is infringing is located on the RAYTEST site
- information sufficient to permit RAYTEST to contact you, such as your physical address, telephone number, and email address
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Legal affairs should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site or on affairs will not be responded to such inquiries should be made through the feedback procedure located through email at: info@raytest.com
Indemnity
You agree to indemnify and hold RAYTEST, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Trademark Information The trademarks, logos, photos and service marks displayed on this Site are the property of RAYTEST or other third parties. You are not permitted to use the Marks without the prior written consent of RAYTEST or such third party which may own the Marks. RAYTEST and the RAYTEST logo are trademarks of RAYTEST. For a current list of RAYTEST' Marks, as well as certain third party Marks, please refer to Logos.
General Terms of Sale and Delivery
This statement was last revised on April 13, 2006.1. General
1.1 Only our General Terms of Sales and Delivery are valid. Diverging, conflicting or supplemen-tary terms of business shall not become part of the contract, not even if full knowledge of these terms may be presupposed, unless their validity has been confirmed explicitly in writing.
1.2 Our quotations are subject to confirmation. The right to modifications due to technical progress or requirements by the lawmaker as well as modifications in form, color and/or weight is reserved within a reasonable scope. The validity of quotations is 90 days, subject to the proviso of other regulations being valid.
1.3 Cost estimates, drawings and other documents shall remain our unconditional intellectual and copyright-protected property. Such documents may be made accessible to third parties only upon our prior consent and have to be returned to us immediately upon request.
1.4 The contract is concluded subject to the proviso that our suppliers deliver properly and in due time. This applies only to the case that we cannot be held accountable for non-delivery, especially upon conclusion of a congruent covering transaction with our suppliers.
1.5 The customer shall be informed immediately about the unavailability of services. Considera-tions shall be refunded immediately. Partial delivery is permitted, provided this is acceptable to the customer.
2. Order Confirmation, Prices, Payment
2.1 The order confirmation is the exclusive basis of contract. Agreements to the contrary require our consent in writing.
2.2 Prices are valid ex factory, excluding freight, packing, postage, insurance and other incidental expenses, unless agreed otherwise in writing. Our prices are net prices. A value-added tax shall be invoiced in addition to the amount prescribed by law.
2.3 Unless otherwise expressly agreed in individual contracts, invoices are due for payment within 14 days after the date of invoice without any deduction. After expiration of this period the customer defaulted in payment.
2.4 While in default of payment, the customer has to pay 8% interest on top of the basic interest rate. If we can provide evidence for higher damage due to default in payment, we are entitled to assert our claims.
2.5 Payments have to be made in cash, via bank transfer or by check. The acceptance of a bill of exchange requires previous agreement in writing. When accepting bills of exchange, the relevant discount and collection charges shall be taken into account. They have to be paid immediately in cash.
2.6 The customer has a right of set-off only when his counterclaims have been determined by final judicial decision or have been acknowledged by us. The customer may exert his right of retention only if his counterclaim is based on the same contrac-tual relationship.
3. Delivery Time, Delay
3.1 Delivery times are binding only if they have been confirmed by us explicitly in writing.
3.2 The observance of delivery times presupposes the timely receipt of all documents, required permits and releases to be supplied by the customer, especially plans, as well as the observance of the agreed terms of payment and other obligations by the customer. If these prerequisites shall not be met in time, these time periods shall be extended for a reasonable period of time; this does not apply if we are responsible for the delay.
3.3 A delivery time is observed if the customer is informed that the goods are ready for shipment before the delivery time is over or the goods to be delivered have left the factory.
3.4 If the failure to meet the delivery date is due to force majeure, e.g. mobilization, war, riots or similar events, such as strike and lockout, the delivery deadlines shall be extended adequately.
3.5 If we are in default of delivery, the customer is entitled to appropriate compensation of 0.5% for each full week delivery is delayed – provided he can substantiate that damage has been incurred as a result of this delay – at the most, however, 5% of the price for that part of the deliveries which has been delayed.
3.6 Claims for damages by the customer due to default of delivery as well as claims for damages instead of performance which exceed the limits defined in item 3.5 are ruled out in all instances of delayed deliveries, even after expiration of a delivery deadline set for us. This does not apply if liability is compulsory, for example in cases of intent, gross negligence or the violation of life, body or health. The customer may withdraw from this contract within the framework of legal provisions only if we are responsible for the delay in delivery. A modification of the burden of proof to the disadvantage of the customer is not associated with the above regulations.
3.7 The customer agrees to declare, upon our request, within a reasonable period of time if he shall withdraw from the contract due to default in delivery or if he insists on delivery.
3.8 If shipment or delivery will be delayed on the customer´s request by more than one month after he has been informed that the goods are ready for shipment, we are entitled to charge the customer warehouse expenses for each new month to the amount of 0.5% of the price of the goods to be stored, at the most, however, 5% in total. The right to provide evidence for higher or lower ware-house expenses remains undisputed.
4. Passing of Risk
4.1 Upon delivery of the goods, the risk of accidental loss and accidental deterioration of the goods passes to the customer; in case of sale by delivery, the risk passes to the forwarding agent, the carrier or to the person or institution in charge of shipment upon delivery of the goods.
4.2 In case of deliveries with installation or assembly, the risk passes to the customer on the day he accepts the goods in his own factory or, if agreed accordingly, after successful test operation.
4.3 If shipment, delivery, start and execution of installation or assembly, acceptance of the goods delivered are delayed for reasons the customer is accountable for, or the customer is in default of acceptance for other reasons, the risk passes to the customer.
5. Cancellation Costs
5.1 If the customer cancels an order without justification or if the contract is not executed for reasons the customer is accountable for, we are entitled to claim 10% of the agreed payment as all-inclusive compensation, notwithstanding the possibility to claim a higher actual damage.
5.2 The customer is at liberty to prove that not damage has been incurred at all, or that the damage is significantly lower than the all-inclusive compensation.
5.3 The customer has the right to return goods which had been purchased on the raytest online store within 14 days after delivery. Returned goods are only accepted in original unopened packaging. Costs for returning must be borne by the customer.
6. Warranty
6.1 We provide warranty against defects on the delivered goods at our discretion either through repair or substitute delivery.
6.2 If the warranty performance fails, the customer is entitled to demand, at his discretion, abate-ment of the compensation (reduction) or cancellation of the contract (rescission). In case of a minor breach of contract, for example, due to minor defects, the customer does not have a right to termi-nate the contract.
6.3 Obvious defects have to be reported in writing within a period of two weeks after receipt of the delivered goods, latent defects within a period of two weeks after their discovery. Otherwise, asser-tion of a warranty claim is ruled out. To observe the deadlines it suffices to dispatch the report in time. The burden of proof lies completely with the customer for all claims, especially for the defect itself, for the time the defect has been detected and for the timely notice of defects.
6.4 If the customer decides to withdraw from the contract due to a defect of title or defect of quality after renewed performance has failed, he is not entitled to any claim for damages due to the defects.
6.5 If the customer decides to claim compensation after renewed performance has failed, the delivered goods remain with the customer, provided this is acceptable to him. Compensation is limited to the difference between the agreed payment and the value of the defective goods. This does not apply if we have caused the violation of contract willfully.
6.6 The warranty period is one year after delivery of goods. Except for consumables.
6.7 Only the manufacturer´s product description may be used to judge the quality of goods. Public statements, recommendations or advertisements by the manufacturer do not constitute any quality indication of the goods in accordance with the contract.
6.8 If the customer receives inadequate assembly instructions, we shall only be liable to deliver assembly instructions free from defects; this is only true if faults in the assembly instructions jeopard-ize proper assembly.
7. Limitation of Liabilities
7.1 Claims for compensation by the customer for damages and expenses, no matter for which legal argument, especially because of the violation of duties arising out of the contractual obligation and out of unlawful acts, are ruled out.
7.2 This does not apply where liability is compulsory, e.g. in accordance with the product liability law, in cases of intent or gross negligence, because of the violation of life, body and health, due to the violation of essential contractual obligations. The claim for damages for violation of essential contractual obligations is, however, limited to the contract-typical, predictable and direct average damage, provided damage is not caused by intent or gross negligence, or liability is due for the violation of life, body or health. A modification of the burden of proof to the disadvantage of the customer is not associated with the above regulations.
7.3 The customer´s claims for compensation are statute-barred after one year following delivery of the goods. This is not true if we can be accused of malicious intent.
8. Reservation of Ownership
8.1 We shall retain ownership of the goods delivered by us pending complete payment of all our claims from ongoing business transactions. If the value of all securing rights we are entitled to exceeds the amount of all secured claims by more than 20%, we shall release, upon the customer´s request, an appropriate share of the securing rights.
8.2 The customer agrees to handle the goods with care. If maintenance and inspection work should be required, the customer has to carry out this work regularly at his own expense.
8.3 The customer agrees to inform us immediately about any access of third parties to the goods, for example, in case of seizure, and to inform us immediately about any possible damage to or destruction of the goods. The customer has to inform us immediately about any change of posses-sion of the goods as well as any change of his domicile or place of business.
8.4 In case the customer acts in any way that is not in conformity with the terms of the contract, especially if he fails to pay on time or violates an obligation according to paragraph 2 and 3 of this contract, we are entitled to withdraw from this contract and to demand return of the goods.
8.5 The customer is entitled to resell the goods in the normal course of business. However, he shall transfer all receivables due to him as a result of his resale to a third party up to the amount stated in the invoice. We shall accept the transfer. After the transfer, the customer is authorized to collect the outstanding accounts. We reserve the right to collect the outstanding accounts ourselves if the customer fails to fulfill his obligation to pay properly and defaulted in payment.
8.6 Handling and processing of the goods by the customer is always carried out in our name and on behalf of us. If processing is carried out using items that do not belong to us, we shall acquire co-ownership in the new item in the ratio of the value of the goods we have supplied to the other processed items. The same is true if the goods are mixed with other items that do not belong to us.
9. Concluding Provisions
9.1 These General Terms of Sale and Delivery are governed by the law of the Federal Republic of Germany. The terms of the UN Convention on Contracts do not apply.
9.2 Exclusive place of jurisdiction for any disputes arising hereunder is our principal place of business. This is also true if the customer does not have any general place of jurisdiction in Ger-many, or his domicile or ordinary residence at the time of the submission of a case is not known. We are, however, also entitled, to take legal action at the customer´s principal place of business.
9.3 In case individual provisions of the contract with the customer including these general terms of business shall become void as a whole or in part, the validity of the remaining provisions shall remain unaffected. The partially or entirely void provision should be replaced by a provision which in case of economic success comes close to the void provision. This does not apply if the adherence to the contract would constitute an unreasonable hardship for one of the parties.
Customer Privacy Statement
This statement was last revised on February 02, 2007.raytest provides this Privacy Statement to make you aware of our privacy practices and the choices you can make about how your personal information is collected and used, both on-line and off-line.
Customers are raytest's most valuable asset. We recognize that building a long-term business relationship with you depends a great deal on trust. This trust begins with our commitment to respecting as well as protecting your privacy.
We've structured our web site so that you can visit us without identifying yourself or revealing any personal information. Throughout this Privacy Statement, personal information refers to any information that is unique to an individual, such as name, address, e-mail address, phone number, etc. If you do share your personal information with us, you can be assured that it will only be used to support your relationship with raytest.
raytest's privacy statement covers 8 main areas: Notice, Choice, Onward Transfer, Access & Accuracy, Security, Tailoring Email Communications and Web Experiences, How raytest Uses Cookies and Additional Information. These areas are described in detail below . Please keep in mind that our privacy practices may vary as required by local laws and policies.
Comments or questions about our privacy practices can be sent to: info@raytest.com.
1. Notice
What information we collect
During the course of your relationship with us, we may collect personal information to enable you to order products or services, download software updates, make requests, and register for customized communications programs. We may collect such personal information as your name, contact and billing information, transaction and credit card information. To tailor our subsequent communications to you and improve our products and services, we may ask you to provide information regarding your personal or professional interests, demographics, experience with our products and contact preferences. Personal information may be required to determine access eligibility for certain restricted parts of our site. Data collected on-line may be combined with information provided off-line.
How we use the information
raytest uses your personal information to better understand your needs and provide you with better service. Specifically, we use your personal information to help you complete a transaction, to communicate back to you, provide updates on service and benefits, and to personalize our web sites and communications with you. Credit card numbers are used only for payment processing and are not retained for other purposes. From time to time, we may also use your information to contact you for market research or to provide you with marketing information we think would be of particular interest. We will always give you the opportunity to opt-out of receiving such contact. If you would like to read more about how to opt-out, please follow the directions given below in the "Choice" section of this document. In addition, we will also follow local requirements where applicable.
Whom we share the information with raytest does not sell, rent, or lease your personal information to others. Unless we have your permission or are required by law, we only share your personal information with other raytest entities or business partners who are acting on our behalf for the uses described above. Such raytest entities and business partners are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.
2. Choice
raytest will not use or share your personal information in ways unrelated to the ones described above without first notifying you and offering a choice. We will also provide you the opportunity to let us know if you wish to opt-out at any time of certain or all contact from raytest, and we will do everything we can to honor such requests. This choice may be offered at the bottom of our on-line or off-line communications to you as well as on many of our web registration pages. If you have any difficulty exercising your choices, please send your request to info@raytest.com.
Your permission will always be secured first, should we ever decide to share your personal information with third parties that are not acting on our behalf and governed by our privacy policy.
3. Onward Transfer
Subject to your permission or as permitted by law, the personal information that you provide to us may be transferred within raytest across state or country borders. This may be done to consolidate data storage or to simplify the management of customer information.
4. Access and Accuracy
raytest strives to keep your personal information accurate. We will provide you with access to your personal information, including making every effort to provide you with online access to your registration data so that you may review, update or correct your information at the raytest site where it was submitted. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your personal information, return to the web page where you originally entered it and follow the instructions on that web page. If you cannot access your information on the web page, please send your request to info@raytest.com.
5. Security
raytest is committed to ensuring the security of your personal information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of personal information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure it.
6. Tailoring E-Mail Communications and Web Experiences
On occasion raytest may employ technologies that enable us to review which recipients have opened our e-mail communications and which links they have accessed in the message. This helps us to tailor our communications in our attempts to send you the most relevant information, as local laws and your preferences and permissions allow. As a registered user, we may also monitor your web browsing session while you are logged-in to raytest.com. In this way we will try to improve our web site through personalization to better meet your needs. Any such monitoring is done in accordance with local laws.
7. How raytest Uses Cookies
A cookie is a piece of information either stored temporarily in your browser's memory space (session cookie) or placed on your computer's hard drive (stored cookie). Cookies allow a web application to respond to you as an individual, but without the need to identify you explicitly. Session cookies are destroyed when you terminate your browsing session by shutting down your browser. Stored cookies often have a predetermined expiration date after which they disappear from your hard drive. Cookies can be removed explicitly through functionality built into most web browsers. You may also set your web browser (e.g. Microsoft Internet Explorer or Netscape Navigator) to notify you of cookie placement requests, ask for permission to accept them, or decline cookies completely.
Adjusting Browser Cookie Settings
For information on how to adjust your browser regarding cookies, please visit:
Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.htm
Netscape Navigator: http://wp.netscape.com/legal_notices/cookies.html
Cookie Usage
On occasion raytest may use cookies to help us analyze web traffic or to improve your web navigation experience. To facilitate the analysis, an ID is assigned to help us uniquely identify you each time you return to our web site. One of the major concerns about stored cookies is the fear that they contain personal information and information identifying you that could be accessed by other web sites. raytest only stores a randomly chosen unique ID number and a context, both of which are meaningless to others, but help us uniquely identify you.
By gathering and remembering information about your preferences, the web application can:
- Tailor its operation to your needs, likes and dislikes
- Provide an automated log-in process as a convenience for previously registered customers. This insures that you will be accurately identified and linked with your registration data.
- Be placed on your computer to ensure you are not surveyed multiple times during your visit(s) to an raytest web site. This cookie has a limited life span and will not personally identify you.
8. Additional Information
Links to Third Party Web Sites
Links to third party web sites are provided solely as a convenience to you. If you use these links, you will leave the raytest site. raytest has not reviewed all of these third party sites; does not control and is not responsible for any of these sites, their content or their privacy policies. Thus, we do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
Changes to the Privacy Statement
All material changes to our Privacy Policy and practices will be posted on this page. The revision date shown at the top of the page will be updated accordingly.