LEGAL

Welcome to our website!

Protecting your data and your privacy is paramount to us.

In the following we would like to inform you about what personal data we gather and how it is processed when you use our website.

Anonymous Data Gathering

You can visit our website without entering any personal information. We do not save any personal data in this case. We simply process statistical data that does not reveal anything about you personally, in the interest of improving our services.

Gathering and storing data when you use the contact form

When you use the contact form, we only store the personal data (information about an individual, natural person or a natural person who can be identified) you provide. We use your email address solely to process your enquiry. Your data is deleted if you have not given us the permission to use it.

Gathering, processing and using personal data

We only gather personal data (information about an individual, natural person or a natural person who can be identified) to the extent that you provide. We process and use your personal data to execute your order and to respond to your enquiries. Once your order has been executed, your data is stored in compliance with legal retention periods stipulated in tax and commercial laws and deleted after expiry of the retention period if you have not given us the permission to process and use this information.

Sharing personal data

We do not share your data with third parties without your express permission. However, we do share the information with our service and distribution partners as required to fulfill the conditions of the contract with you. The scope of the information shared is kept to a minimum.

Cookies: Our internet pages use so-called cookies in several places. Cookies are small text files that are transferred to your computer and saved by your browser. Their purpose is to help us provide more user-friendly, effective and safe services. In addition, cookies allow our systems to recognize your browser to be able to offer you services. Cookies do not contain any personal data.

Tracking and Analytics

On our website, data is gathered and stored by means of a tracking tool for marketing and optimization purposes. Based on the data gathered, user profiles are created under a pseudonym. You can withhold your permission to gather and store your data at any time and in future. Our website uses the Google Analytics tracking tool, a Web analysis service provided by Google Inc. ("Google") Google Analytics uses so-called cookies, text files that are saved to your computer and allow us to analyze the way you use the website. The information created by cookies about how you use this website (including your IP address) is sent to a Google server in the USA and stored there. Cimtrode GmbH will use this information to analyze the way you use the website, to compile reports about the website activities for the website operator and to perform other services in connection with the use of the website and the internet. Google will also share this information with third parties if legally required to do so by law and if third parties process this data under contract for Google. Google will under no circumstances make any connection between your IP address and other Google data. You can block or reject cookies by adjusting your browser settings; however, we would like to remind you that this will restrict your use of our website and you will not be able to use all its functions . By visiting our website you agree that Google will process your data in the manner described and for the purpose stated above.

Information, correction, blocking and deleting data

You have the right at any time and free of charge to information about the data stored about you. You also have the right to correct, delete or block the information.  Please contact us in this case. You will find the contact information in our site notice section.

Withdrawing permissions / agreement

You have the right to withdraw your permission or agreement at any time and for the future.

Use of public data

The contact data we are required to provide by law in our site notice section may not be used by third parties for the purpose of sending unsolicited advertising or information material we did not expressly ask for. We reserve the right to take legal action in the event that unsolicited advertising and/or other information such as spam mails are sent us via our contact details on this homepage.

General Terms of Business

CIMTRODE
The Electrode Company GmbH

General Provisions

The purpose of this contract is to define the general terms of business between Cimtrode GmbH and its customers. Customers as defined by Cimtrode GmbH are companies or persons working for a company. A consumer is any natural person performing a business transaction for purposes that are not specifically related to their commercial or self-employed activities. The following conditions shall apply, without exception, to all business transactions with Cimtrode GmbH unless agreed otherwise with the customer. Orders shall only be deemed accepted if they are confirmed in writing by Cimtrode GmbH. Verbal agreements shall only come into effect once they have been confirmed in writing by Cimtrode GmbH. Other conditions stipulated by the customer shall only become valid if agreed to in writing by Cimtrode GmbH. If special agreements deviating from these terms were made with customers, these shall not affect the validity of the remaining terms of business. If Cimtrode GmbH acts as customer (purchaser) the acceptance and execution of the order assumes that the Cimtrode GmbH terms of business have been accepted.

 

§ 1 Special Provisions

(1.1) The so-called “loan holders” which can be supplied for special goods (the electrodes) by Cimtrode GmbH are loaned free of charge for a period of 30 days following delivery. If the loan holders are not returned to Cimtrode GmbH after this period, Cimtrode GmbH reserves the right to offer them to the customer for purchase or to charge a fee of €0.60 per day per holder. Longer periods of loan may be negotiated in the form of options, special agreements or framework contracts.

(1.2) The customer undertakes to treat the loan holders with due care. In particular it must be ensured that these are packed carefully for safe transport back to Cimtrode GmbH. Cimtrode GmbH recommends screwing the holders back in the standard transport boxes that were provided by Cimtrode GmbH to ship the goods to the customer.

(1.3) Cimtrode GmbH ships certain goods (the electrodes) in special transport boxes. These boxes remain the property of Cimtrode GmbH and must be treated with the same due care as the loan holders (see §1.1) and returned to Cimtrode GmbH within a reasonable period of time.

(1.4) The cost of returning the holders, transport boxes or other items on loan to the customer by Cimtrode GmbH shall be borne by the customer.
(1.5) The cost of replacing faulty or damaged returned, loaned items such as holders or transport boxes shall be borne by the customer.

(1.6) The customer undertakes to provide information at any time, on request, about what and how many loaned items are still in its possession.

§ 2 Offers

(2.1) Illustrations and data in the business documents, catalogues, brochures, flyers and similar only contain approximations. They shall only become binding when explicitly confirmed in writing. Cimtrode GmbH reserves the right to change models, designs or their features.

(2.2) All offer documents including drawings, sketches and similar shall immediately be returned to Cimtrode GmbH failing the placement of an order. The customer shall not have the right to make copies thereof of any kind whatsoever. In the event of violation of this condition, the customer shall be obliged to pay a contractual penalty of 10 % of the order value.

(2.3) Additional orders placed at a later date by the customer and which are not in the scope of the original offer (basic offer) are considered new orders by Cimtrode GmbH. Cimtrode GmbH shall only be obliged to execute these orders if accepted and confirmed by the customer.  The same applies to changes made to the original offer. Cimtrode GmbH reserves the right in this case to create an entirely new offer including the original order.

(2.4) Extra (higher) costs to Cimtrode GmbH in connection with technical details coming to light after order acceptance and/ or during order execution will be charged to the customer if these were incurred due to the customer knowingly or unknowingly withholding information.

(2.5) Offers for the item “electrode” are made based on complete and detailed information supplied by the customer with respect to the requirements and fringe conditions of the requested project. The customer therefore undertakes to supply Cimtrode GmbH with all technical, organizational and logistical fringe conditions, in writing and bindingly during the initial enquiry phase. This shall particularly apply to the following technical information required per electrode and project:

2.5.1 Desired spark gap
2.5.2 Desired eroding surface result according to VDI standard
2.5.3 Desired graphite or graphite type to be used (co-called “grain size“)
2.5.4 Desired tolerances and surface precision
2.5.5 Desired additional features (e.g. drilled holes, levelled surfaces, etc.)
2.5.6 Desired delivery and transport specifications

(2.6) All information the offer and the order was based on must be identifiable on the design drawings supplied by the customer insofar as this type of information is contained in the drawing.

§ 3 Prices

(3.1) Cimtrode GmbH’s prices are ex works and do not include shipping, packing and transport insurance.

(3.2) All prices stated in Cimtrode GmbH’s business documents are net prices.

(3.3) The prices according to Cimtrode GmbH’s price lists are valid as per delivery date.

(3.4) In the case of projects requiring a longer period of execution, Cimtrode GmbH reserves the right to adjust the prices for services to the respective current hourly rates.

(3.5) All prices are in euros.

(3.6) Should wages be increased due to collective bargaining agreements in the industry or due to in-company agreements or should other factors affect the calculation of prices such as material, energy, transport, subcontractors, financing, etc. the supplier shall have the right to increase or lower the prices as the case may be if the order is to be executed 4 months after the contract was concluded. The adjustment shall be maximum that of the actual change on the market.

§ 4 Payment

(4.1) Invoices are due within 30 days from the invoice date without deduction. A 2% discount can be agreed for payments made within 14 days from the invoice date or on notice of dispatch, or for bank collection procedure. For late payments, and reserving further claims, default interest of at least 4 % over the respective current Austrian National Bank base rate shall be charged. Late payments or substantiated doubts concerning the customer’s credit worthiness shall entitle Cimtrode GmbH to cancel the contract or to demand advance payment. The following payment terms apply for orders over 25,000 € net:

4.1.1 1/3 of the order value on receipt of order acceptance without deduction

4.1.2 Remainder shall be paid 14 days following date of delivery or notice of dispatch with a 2 % discount within 30 days net.

(4.2) Bills of exchange shall only be accepted by special, prior agreement and on account of payment. Bill of exchange taxes, bank discounts and other related expenses shall be charged to the customer separately if no other provision was made for billing such expenses.

(4.3) In the event that the goods cannot be dispatched for reasons the customer is responsible for, the payment deadline shall not be extended. In this case the payment deadline begins with the notice of dispatch by Cimtrode GmbH.

(4.4) Customer payments shall first be used to pay amounts still outstanding prior to the current order, and then for the payment of the current order. Payments received by the supplier shall first go towards settling compounded interest, interest and ancillary costs, pretrial costs such as legal counsel fees and debt collecting agencies followed by the oldest receivables (this shall particularly apply with respect to reservation of title.)

(4.5) In the event that the customer fails to pay an invoice or only one of several invoices on time, the total of all receivables shall become due immediately irrespective of the payment conditions agreed for part payments or bills of exchange.

(4.6) The customer shall have no right to retain payments due to warranty claims or to offset its counterclaims against counterclaims not explicitly acknowledged by Cimtrode GmbH. Irrespective thereof, the customer’s right of retention – if applicable – shall be limited to the amount required to rectify the defects.

(4.7) In the event that the customer is unable to pay (due to deterioration of its economic situation, lack of funds, protest of bills or cheques, seizure, judicial composition proceedings, bankrupcy etc.) the entire invoice amount including the current order and all other receivables shall become due immediately. In this case Cimtrode GmbH is not obligated to give the debtor notice of default and shall have the right at any time to demand the return of the delivered goods at the customer’s expense and to commercialize these as it sees fit without releasing the customer from its contractual obligations. The customer shall have no right to claim damages for non-performance under these circumstances.

(4.8) Cimtrode GmbH is entitled to cancel the contract prior to executing the order if it has grounds to doubt the customer’s solvency. The same shall apply if it receives negative information concerning the customer’s creditworthiness from a reliable source. Cimtrode GmbH reserves the right to ask new customers to pay cash on delivery.

(4.9) In the event of payment default, the customer shall still bear all costs related to debt collection and especially all costs Cimtrode GmbH incurs for dunning and all accruing costs, fees, cash expenditures, supplier default costs, as well as and in particular to pay the legal counsel fees in connection with payment default according to the tariff for extrajudicial dunning in addition to the autonomous tariff of the Upper Austrian Legal Chamber in Linz. Irrespective of a differing provision, and even if it has received notice of bankruptcy proceedings, Cimtrode GmbH shall have the right to use incoming payments at its discretion to first cover the costs related to debt collection and for interest and the primary debts last.

§ 5 Reservation of Ownership

(5.1) Cimtrode GmbH reserves ownership to the delivered goods until the purchase price has been paid in full (wages) including all ancillary costs and/or the bill of exchange or cheques have been cashed. Mere acceptance of cheques or bills of exchange does not affect the agreed reservation of ownership. Reservation of ownership shall also apply to receivables from other deliveries and shall therefore remain in effect until the customer has paid Cimtrode GmbH all outstanding debts irrespective of whether some deliveries have already been paid for in full. All goods stored in the customer’s warehouses are subject to Cimtrode’s reservation of ownership, regardless when they were delivered or if already partly paid for.

(5.2) In the event that the customer is in breach of duty, particularly with respect to payment, Cimtrode GmbH reserves the right to demand the return of all goods not stored on or outside the customer’s premises to the amount of the receivables and at the customer’s expense; and, if necessary, to demand the assignment of the customer’s claim for surrender arising against third parties.

(5.3) If the goods subject to reservation of title were processed using the customer’s goods or the goods of third parties, Cimtrode GmbH shall acquire co-ownership of the new products. The same applies if the goods subject to reservation of title were combined or mixed with the goods of third parties. The co-ownership shall be in proportion of the value of the goods subject to reservation of title to the value of the other goods. The new goods produced as a result of processing, combining or mixing shall be considered goods subject to reservation of title as long as they are owned or co-owned by Cimtrode GmbH.

(5.4) The customer undertakes to treat the goods subject to reservation of title with due care and diligence and to insure them sufficiently against all usual risks such as fire, theft and damage by water. Proof of insurance shall be provided at Cimtrode GmbH’s request. Likewise, if requested to do so, the customer shall store the goods subject to reservation of title in a separate place and label them “property of Cimtrode GmbH”.

(5.5) Customer’s claims against third parties as a result of loss or damage to the goods subject to reservation of title, in particular insurance and damage compensation claims, shall herewith be assigned to Cimtrode GmbH. The customer undertakes to obtain the necessary permissions for the assignment from the aforementioned third parties.

(5.6) The customer is entitled to sell the goods within the framework of proper course of business. However, the permission to sell the goods within the framework of proper course of business shall be withdrawn if the customer defaults payment or is declared bankrupt or has entered into bankruptcy proceedings or is in a process of restructuring interrupting normal course of business. If this is the case, the customer undertakes to return the goods supplied by Cimtrode GmbH (goods subject to reservation of title) promptly at first request. Withdrawal of permission to sell the goods or the demand to return the goods subject to reservation of title does not mean that Cimtrode GmbH cancels the contract. The customer shall, in this case, assign all claims it accrues towards third parties due to the resale of the goods to Cimtrode GmbH. Cimtrode GmbH will not collect the claims assigned as long as the customer fulfills its payment obligations. However, the customer shall name, at Cimtrode GmbH’s request, the garnishees and inform them of the garnishee order. In addition it shall make a notice of the assignment in its books. The customer is entitled to collect the claims from third parties as long it fulfils its payment obligations and Cimtrode GmbH has not instructed differently. The goods subject to reservation of title and the assigned claims may not be pledged or assigned as collateral. Reservation of title shall remain in effect even if individual payments are added to a current invoice and the balance has been acknowledged unless the balance has been settled. The customer shall immediately advise stoppage of payments and submit a list of the goods subject to reservation still in its possession including a list of the receivables from third party purchasers for the resale of the goods subject to reservation.

(5.7) The customer shall only be entitled to disposal of the goods subject to reservation for reselling by deferring the purchase price under the condition that it informs, at the moment of resale, the third party purchaser of the assignment for security and to record the assignment in its business ledgers.

§ 6 Deliveries

(6.1) Scheduled delivery periods are non-binding. If a delivery period (delivery deadline) is binding, Cimtrode GmbH shall only be in default if the customer has set a grace period of up to 8 weeks in writing. The customer shall only have the right to cancel the contract for reasons of delayed deliveries if Cimtrode GmbH cannot make a promise of delivery within the grace period. No claims for damages may be derived from delivery delays. Cimtrode GmbH reserves the right, in the event of force majeur of any kind, shortage of raw materials, unexpected impairments including those arising from the nature of the manufacturing process, delivery delays by sub suppliers, manufacturing restrictions, regulatory actions, or other unforeseeable events during production or delivery including strikes or lockouts at its end or the sub suppliers‘ ends, to exceed delivery periods or to cancel the contract in part or in full. The customer shall not be entitled to subsequent deliveries or to claim for damages.

(6.2) Cimtrode GmbH reserves the right to make part deliveries. The customer shall not be entitled to claim for subsequent delivery or damages if malice or gross negligence were not the cause.

(6.3) In the event that the customer defaults in taking delivery, we reserve the right to cancel the contract or to claim for damages following expiry of a grace period of maximum 30 days.

(6.4) In the event that the customer does not provide the conditions agreed for delivery, any prior agreements concerning contract penalties shall become void. If, during the execution of a project or order, delays arise that Cimtrode GmbH is not responsible for, the customer shall promptly inform Cimtrode GmbH of this circumstance. Confirmed delivery dates shall in this case become invalid.

(6.5) If, for procedural or other reasons that Cimtrode GmbH is not responsible for, the order cannot be completed within a foreseeable period of time, Cimtrode GmbH shall be entitled to demand full compensation from the customer for work already performed as part of the scope of the contract. Furthermore, Cimtrode GmbH shall have the right to announce that it will cancel the contract if the problems cannot be solved within a reasonable period of time.

§ 7 Dispatch and packaging

(7.1) Unless otherwise agreed, goods are shipped at the customer’s expense. Cimtrode GmbH may ask the customer to pay for shipping immediately or to advance the money.

(7.2) The customer’s shipping regulations shall only become binding if Cimtrode GmbH has agreed to these in writing.

(7.3) Cimtrode GmbH shall only be obligated to take out transport insurance on the customer’s written request and at the customer’s expense.

(7.4) Unless otherwise agreed, the customer shall pay for packing. Cimtrode GmbH shall decide what type of packing and transport is suitable for the goods. Special types of packing, for example transport boxes, are provided on loan as defined in § 1.

(7.5) Part deliveries – even unplanned – are permissible.

(7.6) Additional part deliveries requested by the customer that are not included in the original order will be carried out by Cimtrode GmbH at its discretion and invoiced separately, or rejected.

§ 8 Passing of risk and acceptance

(8.1) Risk is passed to the customer as soon as the goods leave Cimtrode GmbH or one of its warehouses. This shall also apply if the goods are shipped by Cimtrode GmbH at its expense or using Cimtrode GmbH’s own vehicles.

(8.2) If deliveries are ready for dispatch and the delivery is delayed for reasons outside Cimtrode GmbH’s sphere of influence, risk passes to the customer at the latest when Cimtrode GmbH has given notice of disptach.

(8.3) If works are to be accepted, acceptance is not subject to any particular form. The works are deemed accepted at the latest when they go into operation.

(8.4) If dispatch or delivery are delayed at the customer’s request, Cimtrode GmbH reserves the right to charge the customer a storage fee of ½ % of the order value beginning one month following notice of dispatch and at the beginning of every month. Further claims by Cimtrode GmbH shall remain unaffected. In both cases, risk passes to the customer from the day of notice of dispatch and for the duration of the delay. However, Cimtrode GmbH shall undertake to effect insurance the customer requested to be taken out on the customer’s request and at its expense.

(8.5) Risk passes to the customer on dispatch or installation, when the order has left Cimtrode GmbH ready to use, even if carriage paid was agreed. Packing is carried out with the greatest care. The goods are dispatched at Cimtrode GmbH’s discretion. The delivery shall be insured against transport and fire damage by Cimtrode GmbH at the customer’s expense if the customer explicitly requests such insurance. No liabilitiy for transport damage shall be assumed unless Cimtrode GmbH was responsible for the damage due to malice or gross negligence. In the case of transport damage, the Austrian General Forwarders Conditions shall also apply.

(8.6) Installation, assembly and test runs carried out by Cimtrode GmbH are subject to a special, separate agreement. In this case Paragraph 8 Point 3 of this agreement shall apply with respect to the passing of risk.

§ 9 Installation and Startup

(9.1) Cimtrode GmbH shall, on the customer’s request, perform installation and start-up of the goods and equipment supplied by Cimtrode GmbH if it is reimbursed for travel and accommodation and the cost of the work. Travel and waiting periods count as work time. The customer shall be responsible for obtaining official approval for the installation and operation of the equipment. The customer’s specialists shall be present to supervise the work at all times.

§ 10 Warranty

(10.1) The subject of this contract is a fit for use product as described in Cimtrode GmbH’s brochures and other business documents as well as according to the technical specifications defined in the respective order. Goods supplied by Cimtrode GmbH shall also be considered fit for use and in fulfilment of the terms of contract if, after the order was dispatched, additional technical or other circumstances become known that classify the goods unfit for use from the customer’s point of view, if such circumstances were not communicated to Cimtrode GmbH at the time of awarding the order.

(10.2) The customer undertakes to inspect the delivery immediately upon its arrival and to promptly report visible defects in writing. Cimtrode GmbH shall only be liable for defects that were reported in time and in the correct manner. The customer particularly undertakes to compare the measuring and testing documents supplied by Cimtrode GmbH with its own default values to ensure proper use of the goods supplied by Cimtrode GmbH.

(10.3) No responsibility shall be assumed for damages due to uninspected goods being put into use even if the goods are unfit for use under the terms defined in Paragraph 10 Point 1.

(10.4) Unless expressly otherwise agreed, Cimtrode GmbH is not the general contractor for an entire project and therefore shall not be liable for the success of the entire project (works) or responsible for its coordination. Cimtrode GmbH shall only be liable for the functionality of the equipment it supplied under the terms of Paragraph 10 Point 1.

(10.5) The place of performance as regards warranty claims is Cimtrode GmbH’s business or production premises. The customer shall be responsible for paying expenses and travel costs arising in connection with the performance of warranty.

(10.6) Cimtrode GmbH shall warrant visible and hidden defects or the lack of warranted features within 6 months after date of delivery or acceptance or passing of risk by replacing or repairing the defective goods free of charge. Other claims above and beyond this, for whatever legal reasons, in particular those of right of rescission or price reduction, are excluded.

(10.7) In the event of defects affecting manufacturing equipment or material not produced by Cimtrode GmbH liability shall be limited to the conditions of warranty agreed with the responsible manufacturers or suppliers. The customer shall not be entitled to any other claims.

(10.8) Cimtrode GmbH is only liable for rectifying defects or replacing defective goods under the condition that the customer abides by its own contractual duties.

(10.9) The customer’s warranty claims expire automatically if the customer, without first consulting Cimtrode GmbH or receiving written approval from Cimtrode GmbH, tampers with the goods. The same applies if the customer changes the goods in any way or does not handle or operate them correctly. Cimtrode GmbH accepts no responsibility for used goods.

§ 11 Industrial Property Rights

(11.1) Cimtrode warrants that its goods and services and their use do not violate any patents (patents pending) or any other industrial property rights owned by third parties. The customer shall be liable if a third party claims for violation of industrial property rights and furthermore shall:

11.1.1    immediately inform Cimtrode GmbH of such claims in writing;
11.1.2    authorize Cimtrode GmbH to defend against the claims and to take legal action;
11.1.3    provide the necessary powers of attorney and provide every possible support to the best of its ability;
11.1.4    authorize Cimtrode GmbH to make changes to the goods or services at any time and as it deems necessary or appropriate.
(11.2)    The customer guarantees that plans, drawings, models and other documents it has created and uses do not violate any patents (patents pending) or any other industrial property rights owned by third parties. The customer shall indemnify Cimtrode GmbH against such claims.

§ 12 Returns

(12.1) In principle, goods duly and properly delivered by Cimtrode GmbH cannot be returned. If a credit note for returned goods was agreed, the returned goods must be accompanied by a document containing the following information: item number, item description, invoice number, invoice date and delivery date (as stated in the original delivery note.)

(12.2) Returns shall be made at the customer’s expense. Returns do not entitle the customer to a refund. Cimtrode GmbH shall issue a credit note in due course. Cimtrode GmbH charges a handling fee for returns it accepts to the amount of 3 % of the order value for inspecting the returned goods. Returned goods shall only be accepted if they are undamaged and defect-free. If the goods require an overhaul, the cost shall be borne by the customer.

§ 13 Product Liability and Damages

(13.1) Cimtrode GmbH shall not accept claims of any kind for damages that are not in the scope of Product Liability Law (damages and consequential damages due to non-compliance, delay, defects, contractual and tort liability) and right of recourse of any kind whatsoever if Cimtrode GmbH was not responsible for the circumstances causing the damage either through malicious intent or gross negligence. This limitation of liability does not apply in the case of harm to life, body or health if these were caused due to negligent behavior or malicious intent.

(13.2) In the event of damage caused to works that other companies apart from Cimtrode GmbH participated in, Cimtrode GmbH shall only be liable for damages if it can be proven that Cimtrode GmbH was responsible. The same shall apply if Cimtrode GmbH was the sole supplier and in particular if the customer did not make all necessary and required provisions to avoid damage.

(13.3) In particular, Cimtrode GmbH shall not be liable for so-called “eroding or milling” errors and damages resulting therefrom.

(13.4) In the event that defects are discovered after acceptance of the works, the customer shall provide conclusive proof that these defects already existed at the time of acceptance. The burden of proof applies analogously to all other damage claims.

§ 14 Copyright and Secrecy

(14.1 )Cimtrode GmbH reserves the right to share developments it has made on behalf of the customer with other persons even if the customer has paid for the said developments.

(14.2) Knowledge from developments made for the customer will only be transferred to the customer in the form of a license, if not other provisions were made.

(14.3) Cimtrode GmbH reserves all rights to developments, in particular copyright.

(14.4) All offers made by Cimtrode GmbH including all documents pertaining thereto (drawings, sketches, and similar) shall remain the property of Cimtrode GmbH and the customer shall keep these strictly confidential as our company secret. They may not be passed on to third parties. In the event of violation, the customer undertakes to pay a contractual penalty of 10 % of the order value. For its part, Cimtrode GmbH is prepared to sign a separate confidentiality agreement on the customer’s request.

§ 15 Validity of industry regulations, Ö-Norms and the sequence of validity in the event of confliction

(15.1) The following shall apply to this contract (in the following order, in the event of confliction):

15.1.1   The written agreement on which this contract is based including all performance descriptions and schedule of prices and services.
15.1.2    These terms and conditions.
15.1.3    The applicable regulations of the professional association Cimtrode GmbH belongs to.
15.1.4    The Ö-Norms (Austrian Standard) with prestandard terms of contract for individual specialist areas.
15.1.5    The applicable Ö-Norms with prestandard general terms of contract, especially the Ö-Norms A 2060, B 2210.

§ 16 Applicable Law, Place of Performance and Responsible Court

(16.1) Austrian substantive law shall apply. The provisions of the UN convention on Contracts for the International Sale of Goods shall not be applicable. Language of the contract shall be German.

(16.2) Place of performance is Cimtrode GmbH’s registered company headquarters.

(16.3) Court of arbitration shall be the responsible court at Cimtrode GmbH’s registered company headquarters. .

§ 17 Assignments

(17.1) Any prohibitions to assign expressed by the customer to Cimtrode GmbH and all other conditions of the contract concerning assignment of claims shall be null and void.

§ 18 Closing provisions

(18.1) Written communications to the customer by normal post to the last known address of the customer shall be assumed to have been received. This shall also apply if the envelope was treated as unclaimed. Receipt is assumed if Cimtrode GmbH has a copy of the sent document confirming that it was dispatched. .

(18.2) The customer’s rights in accordance with the contract it entered into with Cimtrode GmbH may not be transferred.

(18.3) Changes or amendments to the contract with the customer must be made in writing and signed by both parties to the contract. This shall also apply to alterations to this formal requirement.

(18.4) Should individual provisions of these terms and conditions be or become invalid, they shall be replaced by provisions that serve the purpose of this contract. The validity of the remaining provisions shall not be affected.

Cimtrode GmbH, Mattighofen dated 12.06.2014

 

Company Name: Cimtrode The Electrode Company GmbH

Legal entity: Limited Liability Company.
Executive partner and authorized representative: Daniel Gruber

UST-ID: ATU61588017
Commercial register number: FN 257873 a
Place of jurisdiction: Provincial Court Ried im Innkreis, Austria

Company Headquarters: Brauereistrasse 4
A-5230 Mattighofen

Telephone: +43-7742-2261-0
Fax: +43-7742-2261-77
E-Mail: office@cimtrode.com

Disclaimer

Cimtrode GmbH. is responsible for its own content and own layout on the homepage Cimtrode GmbH WEB. All rights to proprietary content are reserved.

Links to other internet sites and other providers are contained on the homepage.

The following shall apply to all these links: Cimtrode GmbH expressly states that it has no influence on the design and content of the linked sites. Therefore Cimtrode GmbH shall assume no responsibility whatsoever for the content in all linked sites on its homepage or to all pages belonging to their companies and does not appropriate this content. Cimtrode GmbH shall not be liable for the content of sites whose links are provided on its homepage.

All data and information provided on Cimtrode GmbH’s homepage was carefully researched and checked. All information subject to change. Errors and omissions excepted. Cimtrode GmbH reserves the right, at any time and without notice, to change or amend content. All offers are without obligation. No liability shall be assumed for correctness, completeness or up-to-dateness.

Furthermore, the Cimtrode GmbH web pages can be linked by another site. In this case Cimtrode GmbH shall not be liable for direct or indirect damages, including loss of earnings, caused by information provided on this homepage or in or through links on this homepage.

Microsoft-Windows®, Acrobat Reader® and other product brands of third-party manufacturers on the Cimtrode GmbH homepage are registered trademarks owned by these third parties.

The product images used on the Cimtrode GmbH homepage are symbolic only.

 

PRIVACY POLICY

Controller in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Daniel Gruber

Your Rights as a Data Subject You can exercise the following rights at any time using the contact details provided by our data protection officer:

  • Information about your stored data and its processing (Art. 15 GDPR)
  • Rectification of inaccurate personal data (Art. 16 GDPR)
  • Erasure of your stored data (Art. 17 GDPR)
  • Restriction of data processing, if we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR)
  • Objection to the processing of your data by us (Art. 21 GDPR)
  • Data portability, provided you have consented to data processing or have concluded a contract with us (Art. 20 GDPR)

If you have given us consent, you can revoke it at any time with effect for the future.
You can contact a supervisory authority at any time with a complaint, e.g., the supervisory authority of the federal state of your residence or the authority responsible for us as the controller.

A list of supervisory authorities (for the non-public sector) with addresses can be found at: https://www.bfdi.bund.de/EN/Infothek/Anschriften_Links/anschriften_links-node.html.

Collection of General Information When Visiting Our Website Nature and Purpose of Data Processing: When you access our website, i.e., if you do not register or otherwise submit information, general information is automatically collected. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address, and similar details.

They are processed, in particular, for the following purposes:

  • Ensuring a smooth connection setup of the website
  • Ensuring a seamless use of our website
  • Evaluating system security and stability
  • Further administrative purposes

We do not use this data to draw conclusions about your person. Such information is statistically evaluated by us, if necessary, to optimize our website and the technology behind it.

Legal Basis: The processing is based on Art. 6(1)(f) of the GDPR, representing our legitimate interest in improving the stability and functionality of our website.
Recipients: Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.
Retention Period: The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For data used to provide the website, this is generally the case when the respective session is terminated.
Providing Personal Data: Providing the aforementioned personal data is neither legally nor contractually required. However, without the IP address, the service and functionality of our website cannot be guaranteed. In addition, certain services and features may not be available or restricted. Therefore, an objection is excluded.
Registration on Our Website Nature and Purpose of Data Processing: When registering for the use of our personalized services, certain personal data is collected, such as name, address, contact, and communication data (e.g., telephone number and email address). If you are registered with us, you can access content and services that we offer only to registered users. Registered users also have the option to change or delete the data provided during registration at any time. Of course, we will also provide you with information about the personal data we have stored about you.
Legal Basis: The processing of data entered during registration is based on the user's consent (Art. 6(1)(a) of the GDPR). If registration serves the performance of a contract to which the data subject is a party or the implementation of pre-contractual measures, an additional legal basis for data processing is Art. 6(1)(b) of the GDPR.
Recipients: Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.
Retention Period: Data is processed in this context only as long as the respective consent is given. Afterward, they will be deleted, unless there are legal retention obligations. Please use the contact details provided at the end of this privacy policy to contact us regarding this matter.
Providing Personal Data: The provision of your personal data is voluntary, solely based on your consent. Without providing your personal data, we cannot grant you access to our offered content and services.

Provision of paid services

Nature and purpose of the processing: To provide paid services, we may request additional data from you, such as payment information, in order to process your order.
Legal Basis: The processing of data necessary for the performance of a contract to which the data subject is a party is based on Art. 6(1)(b) of the GDPR.
Recipients: Recipients of the data may be processors, if applicable.
Retention Period: We store this data in our systems until the statutory retention periods have expired. These are generally 6 or 10 years for proper accounting and tax requirements.
Providing Personal Data: Providing your personal data is voluntary. Without providing your personal data, we cannot grant you access to our offered content and services.

Contact Form

Nature and Purpose of Processing: The data you enter is stored for the purpose of individual communication with you. For this purpose, a valid email address and your name are required. This information is used to assign the inquiry and subsequently respond to it. Providing additional data is optional.

Legal Basis: The processing of data entered into the contact form is based on legitimate interest (Art. 6(1)(f) GDPR).
By providing the contact form, we aim to enable uncomplicated contact. The information you provide is stored for the purpose of processing the inquiry and any follow-up questions.
If you contact us to request a quote, the processing of the data entered into the contact form is carried out to perform pre-contractual measures (Art. 6(1)(b) GDPR).
Recipient: Recipients of the data may be data processors, if applicable.
Storage Duration: Data will be deleted no later than 6 months after processing the inquiry.
If a contractual relationship is established, we are subject to the statutory retention periods under the German Commercial Code (HGB) and will delete your data after the expiry of these periods.
Provision Mandatory or Required: Providing your personal data is voluntary. However, we can only process your inquiry if you provide us with your name, email address, and the reason for the inquiry.

Use of Google Analytics Nature and Purpose of Processing: This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter referred to as "Google"). Google Analytics uses "cookies," which are text files stored on your computer, to analyze your use of the website. The information generated by the cookie about your use of this website is usually transmitted to and stored on a Google server in the United States. However, due to the activation of IP anonymization on these websites, your IP address will be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission. Only in exceptional cases will the full IP address be sent to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be associated with any other data held by Google.

The purposes of data processing are to evaluate the use of the website and to compile reports on website activity. Based on the use of the website and the internet, further related services are then to be provided.
Legal Basis: The processing of data is based on the user's consent (Art. 6(1)(a) GDPR).

Recipient: The recipient of the data is Google as a data processor. We have concluded the appropriate data processing agreement with Google.
Storage Duration: Data will be deleted as soon as it is no longer necessary for our recording purposes.
Transfer to Third Countries: Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Provision Mandatory or Required: Providing your personal data is voluntary, solely based on your consent. If you prevent access, there may be functional limitations on the website.
Withdrawal of Consent: You can prevent the storage of cookies by adjusting your browser settings accordingly; however, please note that if you do this, you may not be able to use all the features of this website to their full extent. Additionally, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: Browser Add On to deactivate Google Analytics.

Alternatively, or in addition to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking this link. This will install an opt-out cookie on your device, preventing the collection of data by Google Analytics for this website and for this browser as long as the cookie remains installed.
Profiling: Using the tracking tool Google Analytics, the behavior of website visitors can be evaluated, and their interests analyzed. For this purpose, we create a pseudonymous user profile.
Use of Script Libraries (Google Web Fonts) Nature and Purpose of Processing: To display our content correctly and in a visually appealing manner across browsers, we use "Google Web Fonts" from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as "Google") for font display.

You can find the privacy policy of the library operator Google here: https://www.google.com/policies/privacy/

Legal Basis: The legal basis for the integration of Google Web Fonts and the associated data transfer to Google is your consent (Art. 6(1)(a) GDPR).
Recipient: Calling script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible – but currently also unclear whether and, if so, for what purposes – that the operator, in this case, Google, collects data.
Storage Duration: We do not collect any personal data through the integration of Google Web Fonts.

For more information about Google Web Fonts, visit https://developers.google.com/fonts/faq and the Google privacy policy: https://www.google.com/policies/privacy/.

Transfer to Third Countries: Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Provision Mandatory or Required: The provision of personal data is neither legally nor contractually required. However, the correct display of content may not be possible with standard fonts.
Withdrawal of Consent: To display content, the programming language JavaScript is regularly used. You can object to data processing by disabling the execution of JavaScript in your browser or by installing a JavaScript blocker. Please note that this may result in limitations in the functioning of the website.
Use of Adobe Typekit Nature and Purpose of Processing: We use Adobe Typekit for the visual design of our website. Typekit is a service provided by Adobe Systems Software Ireland Companies (4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland; hereinafter "Adobe") that grants us access to a font library. To integrate the fonts we use, your browser must establish a connection to a server of Adobe in the United States and download the font required for our website. By doing so, Adobe receives the information that our website was accessed from your IP address. For more information about Adobe Typekit, you can refer to Adobe's privacy policy, which can be accessed here: https://www.adobe.com/privacy/policy.html

Legal Basis: The legal basis for the integration of Adobe Typekit and the associated data transfer to Adobe is your consent (Art. 6(1)(a) GDPR).
Recipient: Calling script libraries or font libraries automatically triggers a connection to the operator of the library. Information about the use of your data by Adobe Typekit Web Fonts can be found at https://typekit.com/ and in Adobe Typekit's privacy policy: https://www.adobe.com/privacy/policies/typekit.html.

Storage Duration: We do not collect any personal data through the integration of Adobe Typekit Web Fonts.
Transfer to Third Countries: Adobe is certified under the Privacy Shield agreement and thereby provides a guarantee to comply with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000TNo9AAG&status=Active).

Provision Mandatory or Required: The provision of personal data is neither legally nor contractually required. However, without the correct display of content using standard fonts may not be possible.

Use of Google Maps

Nature and Purpose of Processing: On this website, we use the Google Maps service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.

For more information about data processing by Google, please refer to Google's privacy policy. You can also change your personal privacy settings in the Privacy Center.

Legal Basis: The legal basis for the integration of Google Maps and the associated data transfer to Google is your consent (Art. 6(1)(a) GDPR).
Recipient: By visiting the website, Google receives information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly associated with your account.
If you do not wish this association with your profile on Google, you must log out of Google before activating the button. Google stores your data as user profiles and uses them for purposes of advertising, market research, and/or customization of its website. Such evaluation is carried out in particular (even for users who are not logged in) to provide tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, but you must contact Google to exercise this right.
Storage Duration: We do not collect any personal data through the integration of Google Maps.
Transfer to Third Countries: Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Withdrawal of Consent: If you do not want Google to collect, process, or use data about you through our website, you can disable JavaScript in your browser settings. However, in this case, you may not be able to use our website or only to a limited extent.
Provision Mandatory or Required: The provision of your personal data is voluntary, solely based on your consent. If you prevent access, there may be functional limitations on the website.

Eingebettete YouTube-Videos
Nature and Purpose of Processing
: On some of our web pages, we embed YouTube videos. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (hereinafter "YouTube"). When you visit a page with the YouTube plugin, a connection to YouTube's servers is established. YouTube is informed about which pages you visit. If you are logged into your YouTube account, YouTube can associate your browsing behavior with you personally. You can prevent this by logging out of your YouTube account beforehand.

When a YouTube video is started, the provider uses cookies that collect information about user behavior.

For more information about the purpose and scope of data collection and its processing by YouTube, please refer to the provider's privacy policy. There, you will also find further information about your rights and options for protecting your privacy (https://policies.google.com/privacy). Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Legal Basis: The legal basis for the integration of YouTube and the associated data transfer to Google is your consent (Art. 6(1)(a) GDPR).
Recipient: Calling YouTube automatically triggers a connection to Google.
Storage Duration and Withdrawal of Consent: If you have disabled the storage of cookies for the Google Ad program, you will not have to expect such cookies when watching YouTube videos. However, YouTube also stores non-personally identifiable usage information in other cookies. If you want to prevent this, you must block the storage of cookies in your browser.

For more information about data protection at "YouTube," please refer to the provider's privacy policy at: https://www.google.de/intl/de/policies/privacy/

Transfer to Third Countries: Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Provision Mandatory or Required: The provision of your personal data is voluntary, solely based on your consent. If you prevent access, there may be functional limitations on the website.

Google AdWords

Nature and Purpose of Processing: Our website uses Google Conversion Tracking. The operating company for Google AdWords services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you accessed our website via an ad placed by Google, Google AdWords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google.

If the user visits certain pages of our website and the cookie has not expired, we and Google can recognize that the user clicked on the ad and was redirected to that page. Each Google AdWords customer receives a different cookie, and cookies cannot be tracked across the websites of AdWords customers. The information obtained through the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers are provided with the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that personally identifies users.
Legal Basis: The legal basis for the integration of Google AdWords and the associated data transfer to Google is your consent (Art. 6(1)(a) GDPR).
Recipient: During each visit to our website, personal data, including your IP address, is transferred to Google in the United States. Google stores this personal data. Google may disclose this personal data collected through the technical process to third parties.

Our company does not have access to information from Google that could identify individuals.
Storage Duration: These cookies lose their validity after 30 days and are not used for personal identification.
Transfer to Third Countries: Google processes your data in the United States and has submitted to the EU-US Privacy Shield Framework https://www.privacyshield.gov/EU-US-Framework.

Withdrawal of Consent: If you do not want to participate in tracking, you can reject the necessary setting of a cookie – for example, by adjusting your browser settings to disable the automatic setting of cookies or by blocking cookies from the domain "googleleadservices.com" in your browser.

Please note that you must not delete the opt-out cookies if you do not want measurement data to be recorded. If you delete all your cookies in the browser, you must set the respective opt-out cookie again.
Provision Mandatory or Required: The provision of your personal data is voluntary, solely based on your consent. If you prevent access, there may be functional limitations on the website.

Einsatz von Google Remarketing
Nature and Purpose of Processing: This website uses the remarketing function of Google Inc. The operating company for Google Remarketing services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google").

The function is used to present website visitors with interest-based advertisements within the Google advertising network. A so-called "cookie" is stored in the visitor's browser, which allows the visitor to be recognized when they visit websites that belong to the Google advertising network. On these pages, the visitor may be presented with advertisements that relate to content they previously viewed on websites that use Google's remarketing function.
Legal Basis: The legal basis for the integration of Google Remarketing and the associated data transfer to Google is your consent (Art. 6(1)(a) GDPR).
Recipient: During each visit to our website, personal data, including your IP address, is transferred to Google in the United States. Google stores this personal data. Google may disclose this personal data collected through the technical process to third parties.

Our company does not have access to information from Google that could identify individuals.
Withdrawal of Consent: According to their own statements, Google does not collect any personal data in this process. If you still do not wish to use Google's remarketing function, you can generally deactivate it by adjusting the corresponding settings at https://support.google.com/adwordspolicy/answer/143465. Alternatively, you can disable the use of cookies for interest-based advertising through the Network Advertising Initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

Provision Mandatory or Required: The provision of your personal data is voluntary, solely based on your consent. If you prevent access, there may be functional limitations on the website.

SSL encryption

To protect the security of your data during transmission, we use state-of-the-art encryption methods (such as SSL) via HTTPS.

Changes to Our Privacy Policy We reserve the right to make changes to this privacy policy to ensure that it complies with current legal requirements or to implement changes in our services in the privacy policy, such as when introducing new services. The new privacy policy will apply for your next visit.

Questions for the Data Protection Officer If you have any questions regarding data protection, please email us or contact the person responsible for data protection in our organization:

Daniel Gruber - office@cimtrode.com

This privacy policy was created with the assistance of activeMind AG, the experts for external data protection officers (Version #2019-04-10).