Legal notice for the Internet
Content
We make every effort to ensure correctness, currency, completeness and have carefully compiled the content of the website. We cannot assume any liability whatsoever for the information offered. We reserve the right to modify or update all the information provided at any time without further announcement.
References to other websites / Links
We assume no liability whatsoever for the content of third-party linked sites, including further links on these sites. We have no influence on the content of such sites. They do not reflect the opinion of Leister Process Technologies.
Copyright / Commercial protection rights
Texts, images, graphics, animations, charts and videos and their configuration are subject to copyright protection and other protection laws. The reproduction, modification, transmission or publication of part or all of the content of this website in any form is forbidden, except for private, non-commercial purposes. The reproduction and use of information and data expressly offered for download is, in particular, allowed for private, non-commercial purposes.
All marks included on this website (protected marks, such as logos and commercial names) are the property of Leister Process Technologies or third parties and may not be used, permanently downloaded, copied or distributed without prior written consent.
Data protection
Personal data, which you provide us via this website, for instance from info requests or orders, are of course handled confidentially. With the dispatch of this information you declare your agreement that your data are recorded in our IT system for processing in accordance with federal data protection law.
Your data are used exclusively for the purpose for which they were collected. There is no transfer to third parties.
Exemption from liability
A contractual relationship is not formed through use of this website. Use of this website is at your own risk. We expressly exclude all liability for damages, including consequential damages, arising in any form in conjunction with your access to the Leister Process Technologies website. This particularly applies for damages that may arise through viruses on your computer or your IT system or through your trust placed in information on this website - or associated websites or information from third parties, which could have been obtained from this website.
We make every effort to ensure correctness, currency, completeness and have carefully compiled the content of the website. We cannot assume any liability whatsoever for the information offered. We reserve the right to modify or update all the information provided at any time without further announcement.
References to other websites / Links
We assume no liability whatsoever for the content of third-party linked sites, including further links on these sites. We have no influence on the content of such sites. They do not reflect the opinion of Leister Process Technologies.
Copyright / Commercial protection rights
Texts, images, graphics, animations, charts and videos and their configuration are subject to copyright protection and other protection laws. The reproduction, modification, transmission or publication of part or all of the content of this website in any form is forbidden, except for private, non-commercial purposes. The reproduction and use of information and data expressly offered for download is, in particular, allowed for private, non-commercial purposes.
All marks included on this website (protected marks, such as logos and commercial names) are the property of Leister Process Technologies or third parties and may not be used, permanently downloaded, copied or distributed without prior written consent.
Data protection
Personal data, which you provide us via this website, for instance from info requests or orders, are of course handled confidentially. With the dispatch of this information you declare your agreement that your data are recorded in our IT system for processing in accordance with federal data protection law.
Your data are used exclusively for the purpose for which they were collected. There is no transfer to third parties.
Exemption from liability
A contractual relationship is not formed through use of this website. Use of this website is at your own risk. We expressly exclude all liability for damages, including consequential damages, arising in any form in conjunction with your access to the Leister Process Technologies website. This particularly applies for damages that may arise through viruses on your computer or your IT system or through your trust placed in information on this website - or associated websites or information from third parties, which could have been obtained from this website.
GTC General conditions of business and terms of delivery for retail sales of
LEISTER Process Technologies, CH-6056 Kaegiswil/ Switzerland
1. Validity
1.1 These current General Conditions of Business and Terms of Delivery ("General Conditions") are valid, should no other written agreement exist, for all sales and deliveries made by the company LEISTER Process Technologies, 6056 Kaegiswil/OW, Switzerland. LEISTER Process Technologies is in no way bound by the conditions of business and terms of delivery of the buyer or by any other documentation of the buyer, which is intended to replace or modify these General Conditions.
1.1 These current General Conditions of Business and Terms of Delivery ("General Conditions") are valid, should no other written agreement exist, for all sales and deliveries made by the company LEISTER Process Technologies, 6056 Kaegiswil/OW, Switzerland. LEISTER Process Technologies is in no way bound by the conditions of business and terms of delivery of the buyer or by any other documentation of the buyer, which is intended to replace or modify these General Conditions.
1.2 For all natural and legal persons who are active on behalf of LEISTER Process Technologies in the function of resellers, the following supplementary provisions shall also apply: The reseller is not granted sole distribution rights. There is no protection of territory. LEISTER Process Technologies is under no obligation to supply its products to the reseller on an exclusive basis. The reseller buys and sells LEISTER Process Technologies products in his own name and for his own account. He is not authorized to act in the capacity of LEISTER Process Technologies legal agent. The reseller must calculate end-user prices with all due care and must determine these in such a way that they are competitive and that no competition is artificially created or encouraged by a policy of high prices. Differences in price in comparison with rival products must be clearly justifiable on the grounds of higher quality or other benefits. The reseller is strictly prohibited from incorporating the LEISTER Process Technologies name or LEISTER Process Technologies Company or any portions of these in his own company names in any form whatsoever.
2. Acceptance of orders
Orders become valid only after written confirmation has been given by LEISTER Process Technologies.
3. Description of the products
3.1 All details contained in offers, leaflets, drawings and photographs etc. are based on the specifications that are valid at the time of the offer being made. Such details are intended to serve merely for closer orientation and are in no way intended to be understood as guaranteed features or properties of the LEISTER Process Technologies products in question. The buyer makes use of such data and information at his own risk.
3.1 All details contained in offers, leaflets, drawings and photographs etc. are based on the specifications that are valid at the time of the offer being made. Such details are intended to serve merely for closer orientation and are in no way intended to be understood as guaranteed features or properties of the LEISTER Process Technologies products in question. The buyer makes use of such data and information at his own risk.
3.2 The instructions of use of LEISTER Process Technologies and the warnings as well as all amendments relating thereto must be immediately forwarded by DISTRIBUTOR to his customers.
3.3 At any time prior to delivery, LEISTER Process Technologies products are subject to alterations and modifications in respect of construction and design that in no way impair the correct functioning of the product or the application intended by the customer at the time the agreement was entered into. Such alterations or modifications do not represent cause for complaint or entitle the customer to withdraw from the agreement.
3.4 Drawings, illustrations and descriptions for offers, installations, tools, machinery and accessories remain the property of LEISTER Process Technologies. They may not be used for the manufacture by other parties of the objects illustrated or described. Moreover, the objects delivered may themselves not be used for the preparation of workshop drawings or for the manufacture by other parties of the objects in question.
4. Prices
4.1 The prices quoted in accordance with the written quotation are DDU named place of destination (as indicated on the order confirmation). They do not include customs formalities or duties.
4.2 LEISTER Process Technologies reserves the right to alter prices in the event of increases in customs tariffs, exchange rates, import duties and sales taxes or should new taxes and charges be introduced for which LEISTER Process Technologies is not responsible or in the event of improvements having been made to the Products in question between the date when the order is placed and the date of delivery.
5. Terms of payment
5.1 In accordance with the terms of LEISTER Process Technologies confirmation of order, the purchase price is to be paid net without deductions of any kind. Should the time limit for payment be exceeded, the buyer is in arrears, no notice or reminder from LEISTER Process Technologies being necessary.
5.2 When the buyer is in arrears, interest on arrears shall apply from the due date at the level of the current Libor rate of the Swiss National Bank plus 5% and a processing fee of 3%. This shall not affect the right of LEISTER Process Technologies to require compensation for any further loss due to this delay.
5.3 The non-delivery of insignificant parts of an order or any claims under the terms of the warranty vis-à-vis LEISTER Process Technologies do not entitle the buyer to postpone or withhold due payments.
5.4 In the event of delay in acceptance on the part of the buyer, the entire purchase price or the remainder thereof becomes due for immediate payment.
5.5 The buyer is expressly prohibited from setting off payment against counter-claims unless such counter-claim has been recognized by LEISTER Process Technologies or has been legally established.
6. Delivery and terms of delivery
6.1 The delivery time ex works quoted by LEISTER Process Technologies in the confirmation of order is intended merely as an approximation unless a delivery date is expressly indicated as being binding.
6.2 A delay in delivery does not entitle the buyer to refuse acceptance of the goods, to withdraw from the contract and / or to claim any form of compensation.
6.3 LEISTER Process Technologies is entitled to effect part deliveries and to invoice for these separately.
7. Assumption of risk
The buyer assumes all risks as soon as the goods in question have left LEISTER Process Technologies works.
8. Reservation of property
All tools, products, goods etc. that are supplied by LEISTER Process Technologies remain the property of LEISTER Process Technologies until receipt of the full payment. The buyer herewith empowers LEISTER Process Technologies to have the reservation of property recorded in the appropriate official register at the expense of the buyer.
9. Export
Exporting the products to other member-states of the EC or to countries outside the EC requires the written consent of the manufacturer to ensure that the products satisfy current technical conditions in the target country.
10. Warranty
10.1 LEISTER hereby warrants that the Products delivered under this Agreement will be free from defects in material and workmanship.
10.2 The products are warranted to the original purchaser for a period of one (1) year from the original purchase date. Heating elements are not covered by the terms of the warranty. Warranty coverage is conditioned upon purchaser furnishing LEISTER with adequate written proof of the original purchase date.
10.3 The warranty is void if: defects in materials or workmanship or damages result from repairs or alterations which have been made or attempted by others or the unauthorized use of nonconforming parts; the damage is due to normal wear, due to abuse (including overloading of products beyond capacity), improper maintenance, neglect or accident; or the damage is due to use of product after partial failure or use with improper accessories.
10.4 During the above one-year warranty period, should the product exhibit a defect in materials or workmanship, such defect will be repaired when the complete product is returned, DDP place of destination (Delivered Duty Paid) to LEISTER or an authorized service center. Other than the DDP requirement, no charge will be made for repairs covered by this warranty.
10.5 The above is the only warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose that is made by LEISTER for the Products. No oral or written information or advice given by LEISTER shall create a warranty or in any way increase the scope of this warranty.
10.6 Neither LEISTER nor anyone else who has been involved in the creation, production or delivery of Products shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use of or inability to use such Products, subject to the compelling product liability law.
11. Rights
All rights to the products, particularly trademark rights and copyright, as well as rights of publication, reproduction, processing and utilization shall remain the property of LEISTER Process Technologies and shall not be affected by this contract. The products are distributed under the worldwide registered and protected slogan and image brand «LEISTER». No rights to the brand name of any kind arise there from to the buyer. The rights to the brand name, in particular trademark rights and copyright, as well as rights of publication, reproduction, processing and utilization shall remain totally the property of LEISTER Process Technologies and shall not be affected by this contract. Any alterations to the brand name are expressly forbidden. In particular, no logos or type plates on the appliances or the packing or on other documents or products of LEISTER Process Technologies may be removed, pasted over or otherwise altered. Only the patterns and logos of LEISTER Process Technologies may be used.
12. Liability
LEISTER Process Technologies liability is limited exclusively to the agreements made in the above sections. Any claims on the part of the buyer for compensation of damages against LEISTER Process Technologies, which are not expressly granted in the above sections, irrespective of the sort of claim or its basis in law, particularly claims arising from violation of accessory contractual obligations, for loss and damage in transit, from positive breach of contract, for consequential loss or damage arising from defects (in as much as these are not covered by contractual warranty), from buyer's claims of recourse resulting from product liability, from buyer's claims for commercial material damages due to defective products, etc., are excluded, unless these are the result of unlawful intent or gross negligence.
13. Amendments to the General Conditions
All amendments to these General Conditions together with any contradictory or supplementary agreements must be made in writing.
14. Precedence of the German-language version
The LEISTER Process Technologies General Conditions are available in both German and English, In the event of discrepancies between the two versions; the German-language version of the General Conditions shall take precedence.
15. Law governing this agreement
The legal relationship existing between LEISTER Process Technologies and the buyer is subject exclusively to Swiss law. The application of the United Nations convention on the sale of goods (Vienna Convention) is hereby excluded.
16. Jurisdiction and place of performance
16.1 The place of jurisdiction for all disputes arising from the relationship between LEISTER Process Technologies and the buyer in respect of the supply of goods or provision of services is CH-6060 Sarnen, Canton Obwalden, Switzerland. The buyer hereby expressly waives any and all rights to his ordinary place of jurisdiction.
16.1 The place of jurisdiction for all disputes arising from the relationship between LEISTER Process Technologies and the buyer in respect of the supply of goods or provision of services is CH-6060 Sarnen, Canton Obwalden, Switzerland. The buyer hereby expressly waives any and all rights to his ordinary place of jurisdiction.
16.2 The place of performance for the supply of the goods in question and for payment is CH-6056 Kaegiswil, Canton Obwalden, Switzerland.
CH-6056 Kägiswil, 24.04.2008