Impressum - only in german valid as legal version - this is a translation by Deepl with possible mistranslation
Legal notice
Information pursuant to Section 5 of the German Telemedia Act (TMG)
LOESER GmbH
Boschstraße 5
67346 Speyer, Germany
Phone: +49-6232-3148-0
Fax: +49-6232-3148-50
Email: info(at)loeser.com
Represented by:
Dipl. Ing. Michael Löser
Register entry:
Entry in the commercial register.
Register court: Ludwigshafen
Register number: 52396
Sales tax ID:
Sales tax identification number according to §27a Sales Tax Act: DE161076523
Terms and conditions of sale, delivery, and payment: (see below)
Disclaimer:
Liability for content
The content of our website has been compiled with the utmost care. However, we cannot guarantee that the content is accurate, complete, and up to date. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para. 1 TMG (German Telemedia Act) and general laws. However, according to §§ 8 to 10 TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard is only possible from the time we become aware of a specific legal violation. If we become aware of such legal violations, we will remove this content immediately.
Liability for links
Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any legal violations, we will remove such links immediately.
Copyright
The content and works on these pages created by the site operators are subject to German copyright law. The reproduction, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Data protection
The use of our website is generally possible without providing personal data. Insofar as personal data (e.g. name, address or email addresses) is collected on our pages, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.
We would like to point out that data transmission over the Internet (e.g., when communicating by email) can have security gaps. Complete protection of data against access by third parties is not possible.
We hereby expressly object to the use of contact data published within the scope of the imprint obligation by third parties for sending unsolicited advertising and information materials. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, for example through spam emails.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser software; however, please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Google AdSense
This website uses Google Adsense, a web advertising service provided by Google Inc., USA ("Google"). Google Adsense uses "cookies" (text files) that are stored on your computer and enable an analysis of your use of the website. Google Adsense also uses so-called "web beacons" (small invisible graphics) to collect information. By using web beacons, simple actions such as visitor traffic on the website can be recorded and collected. The information generated by the cookie and/or web beacon about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website with regard to the ads, to compile reports on website activity and ads for website operators, and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Google will never associate your IP address with other data held by Google. You can prevent cookies from being stored on your hard drive and web beacons from being displayed by selecting "do not accept cookies" in your browser settings (in MS Internet Explorer under "Tools > Internet Options > Privacy > Settings"; in Firefox under "Tools > Settings > Privacy > Cookies"); however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
For further information, please also read the privacy policy under Contact!
Also read the privacy notice in the Contact section!
Terms and conditions of sale, delivery, and payment:
For use with:
1. a person who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (entrepreneur);
2. legal entities under public law or a special fund under public law.
I. General
1. All deliveries and services are based on these terms and conditions and any separate contractual agreements. Deviating terms and conditions of purchase of the customer shall not become part of the contract even if the order is accepted, unless their validity is expressly agreed. In the absence of a special agreement, a contract shall be concluded upon written confirmation of the order by the supplier.
2. The supplier reserves ownership rights and copyrights to samples, cost estimates, drawings, and similar information of a physical and non-physical nature, including in electronic form; they may not be made accessible to third parties.
The supplier undertakes to make information and documents designated as confidential by the customer accessible to third parties only with the customer's consent.
II. Price and payment
1. In the absence of a special agreement, prices are ex works including loading at the factory, but excluding packaging and unloading. Value added tax at the applicable statutory rate shall be added to the prices.
2. In the absence of a special agreement, payment shall be made without any deductions to the supplier's account as follows: 50% down payment upon receipt of the order confirmation, 40% upon acceptance/before shipment, 10% four weeks after delivery.
3. The purchaser shall only be entitled to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.
III. Delivery time, delay in delivery
1. The delivery time is based on the agreements between the contracting parties. Compliance with this by the supplier requires that all commercial and technical questions between the contracting parties have been clarified and that the purchaser has fulfilled all obligations incumbent upon him, such as providing the necessary official certificates or approvals or making a down payment. If this is not the case, the delivery time shall be extended accordingly. This shall not apply if the supplier is responsible for the delay.
2. Compliance with the delivery period is subject to correct and timely delivery to the supplier. The supplier shall notify the customer of any impending delays as soon as possible.
3. The delivery period shall be deemed to have been met if the delivery item has left the supplier's factory by the end of the delivery period or if readiness for shipment has been notified. If acceptance is required, the acceptance date shall be decisive, except in the case of justified refusal of acceptance, or alternatively the notification of readiness for acceptance.
4. If shipment or acceptance of the delivery item is delayed for reasons for which the customer is responsible, the customer shall be charged for the costs incurred as a result of the delay, beginning one month after notification of readiness for shipment or acceptance.
The purchaser is obliged to pay the full purchase price if he does not accept the goods despite proper delivery. This applies regardless of whether he does not accept the goods for reasons for which he is responsible.
A reduction in the purchase price due to non-acceptance is excluded, unless the purchaser proves that the goods were defective or not delivered in accordance with the contract.
The purchaser is obliged to pay the full purchase price if they delay completion, delivery, preliminary acceptance, or acceptance by more than 6 months, for example, due to late payment, failure to appear for acceptance, or delay in providing parts required for acceptance.
5. If non-compliance with the delivery time is due to force majeure, labor disputes, or other events beyond the supplier's control, the delivery time shall be extended accordingly. The supplier shall inform the purchaser of the beginning and end of such circumstances as soon as possible.
6. The purchaser may withdraw from the contract without setting a deadline if the supplier is definitively unable to perform the entire service before the transfer of risk. The customer may also withdraw from the contract if, in the case of an order, the execution of part of the delivery becomes impossible and the customer has a legitimate interest in rejecting the partial delivery. If this is not the case, the customer shall pay the contract price attributable to the partial delivery. The same shall apply in the event of the supplier's inability to perform. In all other respects, Section VII.2 shall apply.
If the customer withdraws from the contract for reasons for which the supplier is not responsible, the customer is obliged to pay the full purchase price and loses any claim to delivery.
If the impossibility or inability occurs during the delay in acceptance, or if the customer is solely or predominantly responsible for these circumstances, he remains obliged to pay consideration.
7. If the supplier is in default for reasons for which he and not his suppliers are solely responsible, and if the purchaser incurs significant proven direct damage as a result, he shall be entitled to demand lump-sum compensation for the delay. This shall amount to 0.1% for each full week of delay, but in total no more than 3% of the value of that part of the total delivery which cannot be used in time or in accordance with the contract as a result of the delay.
If the customer sets the supplier a reasonable deadline for performance after the due date, taking into account the statutory exceptions, and if the deadline is not met, the customer shall be entitled to withdraw from the contract within the framework of the statutory provisions.
Further claims arising from delay in delivery shall be determined exclusively in accordance with Section VII. 2 of these terms and conditions.
IV. Transfer of risk, acceptance
1. The risk shall pass to the purchaser when the delivery item has left the factory, even if partial deliveries are made or the supplier has assumed other services, e.g., shipping costs or delivery and installation. If acceptance is to take place, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after notification by the supplier that the goods are ready for acceptance. The customer may not refuse acceptance in the event of a minor defect.
2. If shipment or acceptance is delayed or fails to take place due to circumstances for which the supplier is not responsible, the risk shall pass to the purchaser on the day of notification of readiness for shipment or acceptance. The supplier undertakes to take out the insurance required by the purchaser at the purchaser's expense.
3. Partial deliveries are permissible insofar as they are reasonable for the purchaser.
V. Retention of title
1. The supplier retains title to the delivery item until all payments under the delivery contract have been received.
2. The supplier is entitled to insure the delivery item against theft, breakage, fire, water, and other damage at the expense of the purchaser, unless the purchaser can prove that they have taken out such insurance themselves.
3. The purchaser may not sell, pledge, or assign the delivery item as security. In the event of seizure, confiscation, or other dispositions by third parties, the purchaser must notify the supplier immediately.
4. If the purchaser acts in breach of contract, in particular in the event of default in payment, the supplier is entitled to take back the delivery item after issuing a reminder and the purchaser is obliged to surrender it.
5. Due to the retention of title, the supplier may only demand the return of the delivery item if it has withdrawn from the contract.
6. The application for the opening of insolvency proceedings entitles the supplier to withdraw from the contract and to demand the immediate return of the delivery item.
VI. Claims for defects
The supplier shall provide warranty for material defects and defects of title in the delivery to the exclusion of further claims, subject to Section VII, as follows:
Material defects
1. All parts that prove to be defective as a result of circumstances prior to the transfer of risk shall be repaired or replaced free of charge at the supplier's discretion. The supplier must be notified immediately in writing of the discovery of such defects. Replaced parts shall become the property of the supplier.
2. After consultation with the supplier, the purchaser shall allow the supplier the necessary time and opportunity to carry out all repairs and replacement deliveries deemed necessary by the supplier; otherwise, the supplier shall be released from liability for the consequences arising therefrom. Only in urgent cases where operational safety is at risk or to prevent disproportionately large damage, in which case the supplier must be notified immediately, shall the purchaser be entitled to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary expenses from the supplier.
3. Of the direct costs incurred by the repair or replacement delivery, the supplier shall bear the costs of the replacement part, including shipping, insofar as the complaint proves to be justified. The supplier shall also bear the costs of removal and installation, as well as the costs of any necessary provision of the necessary fitters and assistants, including travel expenses, insofar as this does not place a disproportionate burden on the supplier.
4. The purchaser shall have the right to withdraw from the contract within the framework of the statutory provisions if the supplier - taking into account the statutory exceptions - allows a reasonable period set for him for repair or replacement delivery due to a material defect to elapse without result. If the defect is only minor, the purchaser shall only be entitled to a reduction in the contract price. The right to reduce the contract price is otherwise excluded.
Further claims are determined in accordance with Section VII. 2 of these terms and conditions.
5. No warranty is assumed in the following cases in particular: Unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences - unless the supplier is responsible for them.
6. If the customer or a third party makes improper repairs, the supplier shall not be liable for the resulting consequences. The same applies to changes made to the delivery item without the prior consent of the supplier.
Legal defects
7. If the use of the delivery item leads to the infringement of industrial property rights or copyrights, the supplier shall, at its own expense, either procure the right for the customer to continue using the delivery item or modify the delivery item in a manner reasonable for the customer so that the infringement of property rights no longer exists.
If this is not possible under economically reasonable conditions or within a reasonable period of time, the customer shall be entitled to withdraw from the contract. Under the aforementioned conditions, the supplier shall also be entitled to withdraw from the contract.
In addition, the supplier shall indemnify the purchaser against undisputed or legally established claims of the respective property right holders.
8. The obligations of the supplier specified in Section VI. 7 are final in the event of a property right or copyright infringement, subject to Section VIl.2.
They shall only apply if
the customer informs the supplier immediately of any asserted infringements of property rights or copyrights,
the customer supports the supplier to a reasonable extent in defending against the asserted claims or enables the supplier to carry out the modification measures in accordance with Section VI. 7,
the supplier reserves all defensive measures, including out-of-court settlements,
the legal defect is not based on an instruction by the purchaser, and
the infringement was not caused by the purchaser arbitrarily modifying the delivery item or using it in a manner not in accordance with the contract.
VII. Liability
1. If the delivery item cannot be used by the Purchaser in accordance with the contract due to the fault of the Supplier as a result of omitted or incorrect execution of suggestions and advice given before or after conclusion of the contract or due to the breach of other contractual ancillary obligations—in particular instructions for operation and maintenance of the delivery item— the provisions of Sections VI and VII. 2 shall apply accordingly, excluding further claims by the customer. In permissible cases, the supplier's liability shall be limited to 1.0 times the order value.
2. The supplier shall only be liable for damage not caused to the delivery item itself, regardless of the legal grounds, in the following cases
a. in the event of intent,
b. in the event of gross negligence on the part of the owner/organs or executive employees,
c. in the event of culpable injury to life, limb, or health,
d. in the event of defects which it has fraudulently concealed or whose absence it has guaranteed,
e. in the event of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.
In the event of culpable breach of essential contractual obligations, the supplier shall also be liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical for this type of contract.
Further claims are excluded.
VIII. Limitation period
All claims of the customer—regardless of their legal basis—shall become time-barred after 12 months. The statutory periods shall apply to claims for damages under Section VII. 2.a-e. They shall also apply to defects in a building or to delivery items that have been used for a building in accordance with their normal use and have caused its defectiveness.
IX. Software use
If software is included in the scope of delivery, the customer is granted a non-exclusive right to use the delivered software, including its documentation. It is provided for use on the delivery item for which it is intended. Use of the software on more than one system is prohibited.
The customer may only reproduce, revise, translate, or convert the object code into source code to the extent permitted by law (§§ 69 a ff. UrhG). The customer undertakes not to remove manufacturer's information—in particular copyright notices—or to change it without the prior express consent of the supplier.
All other rights to the software and documentation, including copies, remain with the supplier or software supplier. The granting of sublicenses is not permitted.
X. Applicable law, place of jurisdiction
1. All legal relationships between the supplier and the customer shall be governed exclusively by the laws of the Federal Republic of Germany.
2. The place of jurisdiction shall be the court responsible for the supplier's registered office. However, the supplier shall be entitled to bring an action at the customer's headquarters.Glossarle - this is a translation only and legal version is the german only !
