for commercial transactions between businesses
recommended by ZVEI-Zentralverband Elektrotechnik- und Elektronikindustrie e. V.
as of May 2021
Unless otherwise agreed in written form, assembly and erection shall be subject to the following provisions:
The Purchaser shall not refuse to receive Supplies due to minor defects.
The Supplier shall be liable for defects as to quality ("Sachmängel", hereinafter referred to as "Defects",) as follows:
Claims for the reimbursement of expenses on the part of the Purchaser in accordance with Sec. 445a BGB (entrepreneur’s right of recourse) shall likewise be subject to a statute of limitations of 12 months from the start of the statutory statute of limitations, provided the last contract in the supply chain is not a sale of consumer goods.
The legal provisions regarding suspension of the statute of limitations ("Ablaufhemmung", "Hemmung") and re- commencement of limitation periods shall be unaffected.
However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above case applies.
The legal invalidity of one or more provisions of this Agreement in no way affects the validity of the remaining provisions. This shall not apply if it would be unreasonably onerous for one of the parties to be obligated to continue the contract.
The packaging used by ifm meets the ecological requirements for proper and harmless recycling. The place of transfer of packaging for disposal as well as the costs of return and disposal are delegated to the customer.
Insofar as packaging from ifm ends up on the customer's premises, the customer confirms to us by accepting the goods that the customer is able to recycle them in accordance with the provisions of the Packaging Act or the Packaging Directive 94/62/EC and undertakes to dispose of the packaging in compliance with the provisions. In this case, the customer shall arrange for recycling of such non-returned packaging as provided for in the Packaging Act or the Packaging Directive 94/62/EC, inform ifm about the type and quantity of such recycled packaging at any time upon request and confirm compliance with this obligation – at any time and, upon request, in writing.
ifm shall be entitled at any time – after prior notification with a reasonable period – to check compliance with this obligation at the customer's site. If the customer does not wish to dispose of such packaging at their end according to the above regulation, the customer has to notify ifm in writing without delay after acceptance of the goods. In this case, ifm shall give the customer the possibility to return this packaging to ifm in accordance with the obligations from the Packaging Act or the Packaging Directive 94/62/EC. However, the customer bears the cost for returning the packaging.
We participate in return and collection systems for old packaging
Our products are electrical and electronic equipment that fall within the scope of Directive 2012/19/EU (WEEE Directive - waste electrical and electronic equipment).
The symbol of the crossed-out dustbin on our equipment indicates that this device must not be disposed of with normal municipal waste but must be taken separately for collection and recycling of waste electrical and electronic equipment. Electrical and electronic equipment may contain hazardous components that can harm the environment and human health if disposed of improperly. Separate collection ensures proper treatment and recovery and reuse in accordance with existing legislation.
The manufacturer or the distributor is responsible for taking back and disposing of waste electrical and electronic equipment. We ensure disposal through the contractual use of an international recycling network. If you wish to return a device, please contact our recycling partner directly at firstname.lastname@example.org to place a collection order. Recovery is effected properly and is free of charge for you.
We reserve the right to charge incurring administration or logistics costs in individual cases.
As a user, you are responsible for removing batteries from the devices and deleting personal data before handing them in, insofar as this is technically possible.
We participate in return and collection systems for waste electrical equipment.
Our equipment may contain device batteries. These are usually permanently installed in the devices for technical reasons and cannot be removed by the user. Removability by qualified personnel independent of us is guaranteed.
Some of our devices also contain removable batteries. You are legally obliged to return waste batteries and can hand them in free of charge at the municipal collection points and at retailers in quantities customary for households. Otherwise, contact our service for returning waste units.
The symbol with the crossed-out dustbin on the device battery means that you must not dispose of batteries and rechargeable batteries in unsorted waste. Batteries and rechargeable batteries are also labelled with the chemical symbol of the respective harmful substance they contain. Batteries containing more than 0.0005 mass percentage of mercury, more than 0.002 mass percentage of cadmium or more than 0.004 mass percentage of lead are marked with the chemical symbols of the metals (Cd for cadmium, Pb for lead, Hg for mercury).
Waste batteries may contain harmful substances that can damage the environment or human health if not stored and disposed of properly. However, batteries also contain important raw materials that can be reused. Therefore, the separate collection and recycling of waste batteries is of particular importance for the environment.
We participate in return and collection systems for batteries.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods. To exercise the right of withdrawal, you must inform us (ifm electronic gmbh, Friedrichstraße 1, 45128 Essen; Germany, telephone number: +49 201 / 24 22 0; fax number: +49 201 / 24 22 1200; email address: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You can use the attached sample notice of withdrawal which is however not mandatory for this purpose.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We hereby inform the buyer that various products of the ifm group contain open source components. Depending on the product, these open source components are subject to the General Public License Version 1, 2 or 3 (General Public License 3 in combination with the GNU Compiler collection Runtime Library Exception Version 3.1), the Lesser General Public License Version 3, Berkeley Software Distribution (BSD-2-Clause, BSD-3-Clause, BSD-4-Clause)", the Academic Free License Version 2.1, MIT-License (MIT), Python Software Foundation License 2.0, Perl Artistic License and Artistic License 2.0, Microsoft Public License, Apache Software License Version 1.0, 1.1 and 2.0, ISC License, libpng License and the zlib License or other licenses that are apparent from the information for the respective product. This means that the buyer may only provide these components (and any further derived parts) in accordance with the aforementioned licenses, some of which require the source code to be disclosed to third parties. The buyer undertakes to observe the respective license when using, processing and passing on the open source components. The relevant licence texts are stated in the product-related accompanying materials (e.g. user manual, installation instructions, downloads or other information materials).
The parties have concluded an agreement on the provision of software. The terms and conditions below apply to the provision of software maintenance services by ifm electronic gmbh (hereinafter referred to as “service provider”) in respect of the software supplied to the customer. Deviating terms and conditions of the customer are expressly not recognised.
ifm electronic gmbh or an affiliate company of ifm electronic gmbh.
Special agreement between the customer and service provider on the provision of software.
Natural or legal person who commissions the service provider to provide the contractual services.
The computer program specified in the main contract.
New program version of a software used to eliminate errors found in the previous program version.
New program version of a software containing new or improved functionalities of the software.
2. Subject matter of the contract
The service provider provides software maintenance services in respect of the software supplied to the customer. The provision of the services described here is dependent on the conclusion of the main contract.
There is no special remuneration owed for the services rendered by the service provider unless otherwise mutually agreed.
4. General obligations (to perform), cooperation of the customer
The customer shall provide the service provider with all the information required to properly assess and process the respective service query without being prompted to do so.
Furthermore, the customer is obliged to install the updates made available to it by the service provider and to use only the most current version of software or the version prior to the most current version. This shall not apply if this is unreasonable, for example because the most current or the predecessor software version is/are defective, and this would impair the customer's operations.
5. Scope of service, service times
The service is provided by the service provider by email or over the phone in German or in English.
The current service times available on the country-specific homepage of the service provider apply, e.g. https://www.ifm.com/de/de/de/kontakt/kontakt for Germany.
The service provider is obligated to respond to a service query within the response times defined below. Response time refers to the time taken to respond once a service ticket has been opened by the service provider describing a specific and reproducible incident (“ticket creation”). Response times are measured during the respective service period.
The following response times apply whereby the priority of the incident is defined by the customer:
|high||The incident has a serious impact on business operations or activities, or business operations cannot be carried out. The incident requires immediate action because significant losses may result or overall business operations may be affected.||4h|
|medium||Due to the failure, a business transaction does not function as intended. The incident has a minor impact on business operations.||8h|
|low||The incident has a minor impact or no impact on business operations.||24h|
Incident: An incident within the meaning of these terms and conditions is said to have occurred if the software, when used according to the contractual purpose, the scope of services agreed and the system requirements outlined by the provider, does not provide the functionalities described in the product/service description during the term of this contract.
The manner in which the services are provided is at the reasonable discretion of the service provider. The service may also take the form of guidelines or instructions for the customer. The customer is required to adhere to such instructions.
6. New program parts
The service provider shall continue to work on developing the software licensed to the customer and shall incorporate future developments in updates or upgrades.
The service provider can at any time replace the software licensed to the customer with updates or upgrades at its own reasonable discretion.
The service provider shall grant the customer usage rights to such updates and upgrades in accordance with the underlying main contract.
The service provider shall be liable in accordance with statutory regulations for any loss or damage to the customer caused with intent or by gross negligence, or which ensues from the absence of a warranted property, arises from a culpable breach of cardinal duties, results in harm inflicted on life, limb or physical health, or where liability is assumed under the product liability law.
Cardinal duties include those contractual obligations which have to be fulfilled in order for the agreement to be executed in the first place; which the contractual partner may rely on being performed as a matter of course; and which if breached by the other party may jeopardise the very purpose of the contract.
If a cardinal duty is breached, liability – provided the damage is merely caused by slight negligence – shall be limited to those losses which are typical and foreseeable and must therefore be anticipated in connection with the provision of software under the contractual agreement.
If the damage suffered by the customer is due to loss of data, the service provider shall not be liable for this.
In all other respects, liability – irrespective of the particular legal basis – shall be excluded.
8. Term of contract and termination
This agreement is linked to the term of the main contract and automatically ends once the main contract expires or is terminated in some other way. If the main contract is extended, then this agreement shall be extended automatically, too.
The following applies to ifm moneo software products:
With the purchase of the software, the customer acquires a right to (free) service until the end of the calendar year in which it purchased the corresponding moneo modules and the following year. At the end of the following year, the entitlement to services expires. The customer can either conclude a new service contract or book individual services as required. This presupposes compliance by the customer with the obligations to perform and cooperate described in Clause 4.
9. Final provisions
If individual clauses contained in this contract are or become legally ineffective – in part or in full – the validity of the remaining provisions of this contract shall not be affected.
This contract shall be governed by the law of the country in which ifm is headquartered. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention) shall be excluded.
The exclusive place of jurisdiction for disputes arising from or in connection with the agreement shall be at the registered office of ifm.
As of: Dec. 2020
You are purchasing standard software from ifm in order to use it for your applications or for the applications of your customers.
Section 1 - Subject matter of the agreement
Section 2 - Granting of rights
Section 3 - Warranty
Section 4 - Liability
Section 5 - Security measures, right to carry out audits
Section 6 - Miscellaneous