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Danger can cause panic and represent a danger to life – which is why it’s even more important that electrically locked doors clear the escape route immediately.
… party apply only with our written consent. Our quotations are always subject to change. A contract is entered into only with our written confirmation or on delivery. GEZE is not required to explicitly object to contractual forms or terms and conditions of contracting partners, even if these general terms and conditions state that their validity is an express condition for conclusion of the business. … If there is a substantial deterioration in the financial circumstances of the ordering party or if this is suspected by GEZE after conclusion of the contract, GEZE is entitled to demand – as soon as GEZE becomes aware of this – advance payments or securities and refuse fulfilment until this demand has been fulfilled. If the ordering party refuses, GEZE is entitled to withdraw from the contract and to demand compensation for damages due to non-fulfilment. Bills of exchange are not accepted. … Prices are charged directly between the ordering party and GEZE. GEZE GmbH has assigned any other claims arising from additional work during commissioning by GEZE Service, in particular additional expenses due to missing advance payments and supplements, to GEZE Service GmbH, which has expressly accepted this assignment. The ordering party is aware of said assignment. The ordering party must raise any objections against assigned claims with GEZE Service GmbH as the executing company and holder of the claims. … Delivery dates are binding only after written agreement. Unless agreed otherwise in writing, the defining time is the time of supply or dispatch. In the event of a delay in delivery, the ordering party must set an extension of at least two weeks. If GEZE does not deliver even after this time extension set by the ordering party, the ordering party is entitled to withdraw from the contract. … Any damage claims made by the ordering party are subject to the conditions stated in clause 6. GEZE reserves the right to prove lesser damages. … The goods supplied remain the property of GEZE until full payment of all demands resulting from the business relationship with the ordering party has been made, and especially until all cheques presented in payment have been cashed or credited without objection. If the value of all security rights to which GEZE is entitled exceeds the amount of all secured demands by more than 10%, on the contracting partner’s request GEZE will release the corresponding portion of security rights; GEZE is entitled to choose between different security rights for the release. … Any processing or modification of our goods will always be on behalf of GEZE as the manufacturer, however without obligation to us. If the article supplied by GEZE is permanently connected or mixed with articles from other suppliers or with articles which are in the property of the ordering party, GEZE is granted joint ownership of the new article to the amount of the invoice, plus any default interest or claims for damages, if applicable. … Provided our contracting partner is not in payment arrears, he may process and sell articles subject to the retention of title in the regular course of business. Pledges or transfers by way of security are inadmissible. The contracting partner must immediately inform GEZE of any pledges, confiscations and other orders or interventions by third parties. On resale subsequent to processing or only proportionate mixing, the buyer passes claims against a third party resulting from the resale of goods subject to the retention of title to GEZE immediately as security. … If GEZE installs the delivered products at the customer's or a third party's premises, the customer or third party must accept the product before starting to use them. If the product is put into use without the agreement of GEZE or without prior acceptance, the delivery is considered to have been accepted. The deadline for acceptance must follow immediately after the parts or system supplied by GEZE have been installed and, as far as possible, at the latest 14 days before they are put into use. … GEZE is entitled to demand acceptance of the delivery by the ordering party at any time, taking into account the 14-day period. This also applies if the ordering party or third party has not yet completed their work on the same construction project. If the ordering party refuses to take part in the acceptance requested by GEZE or refuses to prepare an acceptance record, acceptance is assumed. … If commissioning is not possible due to on-site reasons, even though GEZE has supplied in compliance with the contract, GEZE can claim the additional expenses from the ordering party. … If an item supplied by GEZE is defective, GEZE must, at its own discretion, either repair or replace the article. If the repair or replacement is unsuccessful, the ordering party may withdraw from the contract or demand a reduction in the price where the defect is substantial. If a written guarantee provided by GEZE proves not to be applicable, and where GEZE is responsible for the defect, the ordering party may request compensation in place of the aforementioned rights. … In the case of obvious defects, GEZE must be notified in writing regarding the type, quality and quantity immediately, and within 10 calendar days at the latest. If the notification of a defect is justified and has been ascertained in time, the ordering party may exercise the aforementioned rights. … GEZE accepts no liability for failure to follow relevant installation guidelines or guidelines provided by suppliers of products which are connected to our products. This applies equally when changes to the settings have been carried out by the ordering party or a third party without authorisation … Our technical application advice, both verbal and written, is intended only to describe the optimum use of our products to the ordering party. It does not release the ordering party from his obligation to perform his own tests to ensure the suitability of our products for the purpose intended by him. The ordering party is obliged to ensure that our verbal and written technical application advice is passed on to the individuals who are ultimately responsible. … If the ordering party accuses GEZE of giving incorrect technical application advice, the ordering party must state this in writing immediately after establishing the possible breach of duty. In this case, the provisions stated under clause VI are the determining factor. In all cases, liability is limited to the damage foreseeable at the time of concluding the contract, unless GEZE has deliberately breached its duty. GEZE reserves the right to prove lesser damages. … The place of fulfilment for our goods and services is the respective place of dispatch of the goods, and the place of payment for the ordering party is the head office of GEZE in Leonberg. … The law of the Federal Republic of Germany applies. If the head office of the 1|2 General Terms and Conditions for supplies and services from GEZE companies | Issued May 2017 ordering party is based abroad and if the delivery is carried out to a country other than Germany, the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated … For disputes between the ordering party and GEZE arising from this contractual relationship - if the contracting parties are merchants, legal entities under public law or holders of special assets under public law - the local court in Leonberg or the regional court in Stuttgart is responsible, depending on the amount in dispute. In such cases, GEZE may also choose to file a suit at the ordering party’s domicile. 11 PLACE OF FULFILMENT, APPLICABLE LAW AND PLACE OF JURISDICTION Should any provision of these General Terms and Conditions for supplies and services become null and void, it has no bearing on the effectiveness of the remaining provisions. GEZE GmbH: Registration Court at the District Court of Stuttgart HRB 250329 GEZE Service GmbH: Registration Court at the District Court of Stuttgart HRB 252569 Issued May 2017 G E ZE Gm bH Rein hold -Vö ste r- S t ra s s e 21-2
… party manufacturers and which are either expressly approved for use with GEZE software or intended for use in accordance with their intended purpose (the intended purpose may result from the individual contract, the product description and/or the documentation as part of a project planning). … . “Third-party products” include third-party software (e.g. operating systems, databases) and other products from third-party manufacturers (e.g. PCs, laptops) which GEZE supplies to the customer as independent merchandise or integrated in GEZE’s own products. … . The software is provided to the customer either as independent application software, for integration into own or third-party programs (e.g. a building management system) or as embedded software, e.g. integrated into GEZE systems in the field of door, window and safety technology.If GEZE provides the customer with the software preinstalled on a piece of hardware, the following provisions of these Software GTCs (e.g. regarding liability for defects) shall also apply correspondingly to the (purchase) provision of the hardware, insofar as these Software GTCs or the respective individual contract do not provide for any deviating regulations. … . For the download of mobile apps from a third party provider for use on mobile devices, for example via the Apple AppStore (for iOS devices) or the Google Play Store (for Android devices), the corresponding conditions of the respective App Store operating company apply in addition to these Software GTCs, in particular the prevailing Apple or Google App Store conditions. If an independent contractual relationship is established between the customer and the App Store operating company, this shall not be affected by these Software GTCs; the Software GTCs shall only apply as a supplement and insofar as they do not contradict the App Store conditions. … . For third-party software and other third-party products which GEZE supplies to the customer as independent merchandises and which GEZE separately identifies and mentions their prices in its offers, the contractual and licensing conditions of the respective manufacturer or supplier of the third-party product shall be applicable in the absence of other agreements. These may contain regulations deviating from these Software GTCs regarding the granting of rights of use as well as warranty and liability. GEZE will draw the customerʼs attention to the manufacturerʼs or supplierʼs contract and licence conditions when concluding the contract. If there are loopholes in the contractual and licensing conditions applicable to third-party products, the provisions of these Software GTCs shall apply accordingly. … . Events beyond the control of a contractual partner that make the delivery or service considerably more difficult or temporarily impossible, such as force majeure, strikes, lock-outs, absence or delay of supplies from third parties despite the conclusion of congruent hedging transactions, entitle the affected contractual partner to postpone the fulfilment of its obligations for the duration of the hindrance plus a reasonable restart time. The contractual partners shall notify each other immediately of the occurrence and end of such circumstances. … . The customer shall only be entitled to integrate the software into its own or third-party programmes (e.g. a building management system) with the prior written consent of GEZE. Such integration shall take place exclusively via the interfaces provided by GEZE for this purpose. The customer is solely responsible for the compatibility and interoperability of the software with other programs. If GEZE agrees to integrate the software into another program, the customer shall be entitled to distribute the software as part of this superordinate program to end customers and to grant them usage rights, whereby the usage rights granted to the end customer for the software may not exceed the rights granted to the customer; § … . Sub-licensing for a limited period of time, leasing or other forms of temporary transfer of the software to third parties, use in SaaS, outsourcing or computer centre operations or any other use of the software by or for third parties against payment or free of charge require the prior written consent of GEZE. Third parties also include companies affiliated with the customer under company law. … . The customer may transfer the software acquired by GEZE for permanent use to a third party under final abandonment only for its own use. In any case, the transfer of the software requires the prior written consent of GEZE. GEZE will give its consent if the customer submits a written declaration by the third party wherein the third party undertakes to GEZE to comply with the licence conditions applicable to the software, and if the customer assures GEZE in writing that it has transferred all original copies of the software to the third party to the extent of the resale and has deleted all copies made by it. The provision in § … . The customer shall only pass on the embedded software and the usage rights for the software to third parties together with the GEZE product in which the software is integrated or for which it is intended. In all other cases, the software may only be passed on to third parties and the transfer or granting of usage rights to third parties with the prior written consent of GEZE. In the event of a permissible transfer of the software, the customer may not retain any copies of the software. … . Unless explicitly stated otherwise in the contract (e.g., service contract) concluded with the customer, the customer has no claim to the provision and installation of regular updates. Furthermore, GEZE is not obliged to regularly check whether the manufacturers of third-party software, which GEZE has supplied as independent merchandise or integrated in GEZE’s own products, have published or provided updates to their products. Statutorily mandatory claims of the customer remain unaffected by the above clause. … - The customer shall ensure that its employees have the necessary qualifications and decision-making powers to provide the cooperation services. - Insofar as this is necessary for the provision of services, the customer shall provide complete and consistent data, information and documents as well as the necessary IT and other infrastructure and shall participate in tests and acceptance tests. - The customer shall create all conditions that are necessary for the proper provision of services in its sphere of operation. In particular, the customer shall grant GEZE access to its systems that need to be connected to the extent necessary. - The customer shall ensure the provision and licensing of required third-party products (hardware, software, databases, etc.) required for the provision of the contractual services. The customer shall be responsible to ensure the proper operation and availability of the third-party products (including any necessary access and processing rights of GEZE), if necessary by means of licence and service contracts with the manufacturers or suppliers of the thirdparty products. - The provision of materials and technical cooperation services must be provided by the customer such that the agreed services can be performed by GEZE without delay and interruption. The customer shall coordinate third party services related to GEZEʼs services in such a way that they do not cause delays, waiting times and/or additional expenses to GEZE. productive use of the software and work results, i.e. has not only put the software into operation for pure test purposes. §8 Remuneration and payment conditions … . In accordance with the following paragraphs, GEZE guarantees that the software supplied and used by the customer in accordance with the contract (including GEZE hardware, if applicable, on which the software is stored) and the work performed or the work results provided (hereinafter collectively referred to as the “contractual objects”) comply with the product or service description and that their use by the customer in accordance with the contract does not conflict with any rights of third parties. … . If GEZE provides services according to the customerʼs specifications or adapts components of third parties or of the customer at the customer’s request or integrates them into its own software or GEZE products or connects them with these products, GEZE shall not assume any responsibility for the technical and legal properties of these third-party components or the consequences of the implementation of the customerʼs specifications. - The customer shall observe the applicable technical system requirements for the software, including, for example, regular updating of operating systems and other system and security software, provided these have been supplied to the customer by GEZE. The additional expenses and waiting times of GEZE resulting from the omitted, delayed or improper fulfilment of cooperation obligations shall be invoiced to the customer based on the actual efforts and expenses. This shall also apply in the event that necessary provisions by the customer do not meet GEZEʼs requirements or the customer does not comply with the technical system requirements and this results in additional expenditure. Further claims of GEZE due to improper cooperation shall remain unaffected. … . If GEZE supplies third-party products to the customer, be it as independent merchandise or integrated in GEZE’s own products, GEZE is generally not in the position to eliminate a defect in such thirdparty products, e.g., because GEZE does not have the source code required for this at its disposal. In the event of a defect in the thirdparty product, GEZE will, at its own option, (i) provide the customer with updates to the third-party products published by their manufacturer, serving to remedy the defect, (ii) assert its warranty claims against the manufacturer or sub-supplier in the name of the customer, or (iii) assign such claims to the customer to enable it to assert its claims. GEZE may initially also refer the customer to the manufacturer support (if available). Warranty claims against GEZE for defects of third-party products in accordance with an assignment of the customer’s rights in this regards shall exist only if the judicial enforcement of the claims against the manufacturer or subsupplier remains unsuccessful or is futile, e.g. due to insolvency of the manufacturer or sub-supplier. The statute of limitations of the customerʼs warranty claims against GEZE shall be suspended for the duration of the manufacturerʼs or sub-supplierʼs claim. If GEZE satisfies the claims of the customer itself, any claims for defects against the manufacturer or sub-supplier assigned to the customer shall revert to GEZE (reassignment). § 10 Property right infringements … . GEZE warrants that the software provided to the customer is free from third-party property rights and indemnifies the customer against third-party claims based on property rights infringements in accordance with the following provisions. … . If third parties assert claims against the customer arising from the infringement of their property rights as a result of the contractual use of the software by the customer, the customer shall inform GEZE of this immediately in writing and with comprehensive details. GEZE is entitled, but not obliged, to settle the dispute with the third party independently in and out of court. If GEZE makes use of this right, the customer shall support GEZE to an appropriate extent free of charge. The customer shall not acknowledge the claims of the third party on its own initiative. … . If the software has a defect in title at the time of transfer of risk, GEZE shall provide the customer with a legally flawless option to use the software. Alternatively, GEZE may also exchange the affected software for equivalent software if this is reasonable for the customer. If an infringement of third-party property rights and/or a legal dispute with the third party over corresponding claims can be eliminated or avoided by the customer using a more recent software version provided by GEZE, the customer is obliged to take over and use this version within the scope of its duty to minimise damage, unless the customer can prove that the use of the more recent version is unreasonable. … . In particular, GEZE shall not be liable if claims of a third party based on alleged or actual infringements of property rights are based on the fact that the software was modified by the customer or used together with systems not approved by GEZE or in violation of the other contractually agreed conditions of use or for purposes other than those contractually agreed. § 11 Liability … as far as the relationship between the contractual partners is concerned. Accordingly, GEZE is entitled to comprehensive use and utilisation of this system data in all formats. This includes, for example, reproduction, distribution, analysis, processing and further development, integration into or linking to other data. If the customer (also) entitled to the data usage rights, it shall grant GEZE all rights to the data transmitted by it or accessible by GEZE which is necessary for the fulfilment of the contract, in particular for the storage and processing of such data for the purposes of system control, configuration and parameter settings, cause analyses and elimination of faults and errors in GEZE products and for other service purposes. For this purpose, GEZE may store and process the data on its own systems or in cloud infrastructures and pass them on to third parties (e.g. external service partners) or make them accessible (e.g. via a corresponding service app). Furthermore, the customer shall provide GEZE with the free and nonexclusive right, unlimited in time, space and content, to permanently evaluate the collected and processed system data for analysis, optimisation and benchmarking purposes and to merge, duplicate, process and disseminate them in any form with other data (including other customers). … . All system data shall be stored and secured by GEZE in such a way that third parties have as little access as possible to the data. In this respect, the contractual partners may agree specific security measures in the individual contract. If the system data is stored in the customerʼs control area (e.g. on the cockpit hardware), GEZE is entitled to access and release the system data at any time. This claim also applies to the system data beyond the term of the contract; the customer is not entitled to a right of retention of the system data from any legal perspective. The customer is not entitled to obstruct or restrict GEZEʼs access to the system data in any way. … . GEZE shall ensure that the customer, its employees or other natural persons cannot be identified (even indirectly) by third parties in the event of any use and exploitation of the system data and that any trade and business secrets of the customer which may be contained in the system data are not disclosed to third parties (e.g. by anonymisation or aggregation of the system data). § 13 Confidentiality and data protection … . The contractual partners undertake to maintain secrecy with regard to all trade and business secrets of the other party which have been entrusted to them, made accessible or otherwise made known to them as well as other confidential information and to use such information only for the agreed purpose. The contractual partners shall only provide access to the confidential information to such employees and subcontractors, who are bound to secrecy, who must have knowledge for the purposes of fulfilling the contract (the so-called need-to-know principle). The obligation to maintain secrecy applies for a period of … . The obligation to maintain secrecy does not apply to confidential information which was previously known to the recipient without any obligation to maintain secrecy or which is or becomes generally known without the recipient being responsible for this or which is lawfully communicated to the recipient by a third party without any obligation to maintain secrecy or which has demonstrably been developed independently by the recipient. … . The contractual partners undertake to properly store all business objects and documents made available to them by the respective other contractual partner so that third parties cannot access it and to hand them over to the other contractual partner at any time upon request. … . If personal data of the customer or third parties is processed by GEZE on behalf of the customer, GEZE shall impose an obligation on the employees entrusted with this task in writing to ensure the confidential treatment of such data prior to their deployment. GEZE is entitled to pass on personal data to affiliated companies and other subcontractors (e.g. external service partners) used in accordance with the contract, insofar as such forwarding is necessary for the provision of the service commissioned in each case. If the customer provides GEZE with access to personal data, it shall first ensure that the relevant legal requirements for transmission to and processing by GEZE (and, if applicable, its subcontractors) are met. … . A cession or transfer of contractual rights and obligations by the customer to third parties – including affiliated companies of the customer – requires the prior written consent of GEZE.
… partie (voir instructions de montage) Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) TS 2000 NV links M5 M5 Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) DIN left M5 M Direktbe Direct F Fixation TS 20 Lochgruppe für Befesti (siehe Montageanleit boring configuration to DIN 18263 par ensemble des selon DIN 45 45 2B 15 15 Lochgruppe für Befesti (siehe Montageanleit boring configuration to DIN 18263 par ensemble des selon DIN 222 44 0,2 38 222 130 0,1 gauche Direktbefestigung Direct Fixture Fixation directe TS 20 … eme partie (voir instructions de montage) Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) Lochgruppe für Befestigung mit M (siehe Montageanleitung) boring configuration for the fixture to DIN 18263 part … eme partie (voir TS 2000 NV M5 M5 Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) M5 Direktbefestigung Direct Fixture Fixation directe TS 20 Lochgruppe für Befestigung mit M (siehe Montageanleitung) boring configuration for the fixture to DIN 18263 part … eme partie (voir with adapter plate according ng instructions) avec plaque de montage (voir instructions de montage) TS 2000 NV links DIN left M5 Lochgruppe für Befestigung mit Montageplatte nach DIN 18263 Teil … eme partie (voir instructions de montage) a g DIN left gauche gauche M5 Direktbefestigung Direct Fixture Fixation directe Direktbefestigung Direct Fixture Fixation directe a ≤ 1100 mm a
… party products, provided GEZE Service approves the service. The scope of service is specified in the respective service contract. The following terms and conditions apply only if the contracting partner of the service contract is not a consumer. … If there is a substantial deterioration in the financial circumstances of the ordering party or if this is suspected by GEZE Service after conclusion of the contract, GEZE Service is entitled to demand – as soon as GEZE Service becomes aware of this – advance payments or securities and refuse fulfilment until this demand has been fulfilled. If the ordering party refuses, GEZE Service is entitled to withdraw from the contract and to demand compensation for damages due to non-fulfilment. … In the case of obvious defects, GEZE Service must be notified in writing regarding the type, quality and quantity immediately, and within 10 calendar days at the latest. If the notification of a defect is justified and has been ascertained in time, the ordering party may exercise the aforementioned rights. … GEZE Service accepts no liability for material defects in the event of failure to follow relevant installation and set-up guidelines or guidelines provided by suppliers of products which are connected to our products. The same applies when changes to the settings have been carried out by the ordering party or a third party without authorisation. Equally, GEZE Service accepts no liability for material defects for wearing parts and services owing to force majeure, improper use, incorrect installation or commissioning by the ordering party or a third party, natural wear and tear, incorrect or careless handling or maintenance, incorrect equipment or substitute material, faulty installation, or chemical, electronic or electrical influences. In addition, liability for defects will also be cancelled in the event of modifications or repairs improperly carried out by the customer or by third parties without prior authorisation from GEZE Service. … If one or more provisions of this agreement breaches an applicable law or a proposed law, the validity of the remaining provisions of this agreement remains unaffected . In this case, the parties shall replace the invalid provision with a legally permissible provision which comes closest to the intent of the ineffective regulation. GEZE Service GmbH Registration court: District Court of Stuttgart, HRB 252569 Issued July 2017 G EZ E Ser vice G m bH Re i nhold-Vöster- S tras s e 25 712
… parties agree that GEZE shall have the goods collected ex works as part of procurement logistics in order to better manage this delivery of goods, this paragraph shall apply only by analogy. … In case of early deliveries, GEZE is not obliged to accept the goo ds, rather, it is authorised to send back the goods delivered early at the supplier’s charge and risk or to store them with third parties at the supplier’s cost. … Before the start of production (processing or installation), GEZE should first give the supplier the opportunity to sort out defective goods, correct defects, or provide a supplementary or replacement delivery, unless this would be unreasonable for GEZE. If the supplier is unable to do so, or fails to do so promptly, GEZE may withdraw from the agreement without further notice and return the goods at the supplier`s risk. In urgent cases, following coordination with the supplier, the supplier may correct the defects itself or have the defects corrected by a third party. The resulting expenses are borne by the supplier. If the same goods are delivered again and are once again defective, following a written warning GEZE is also entitled to withdraw from the unfulfilled scope of delivery. If the fault is discovered only after the start of production, despite observing the obligation to provide notification of defects, GEZE may a) request a new delivery or a repair, at its discretion, with reimbursement of the transportation costs for the supplementary performan ce (without removal costs) as well as installation and removal costs (labour costs; material costs if agreed) in accordance with Sec. 439 paragraph 1, … BGB or b) reduce the purchase price. Optionaly, GEZE may withdraw from the agreement, return the goods at the risk of the supplier and obtain the goods it needs from another source, if the supplier is unable to carry out subsequent performance or fails to do so without undue delay. The resulting necessary expenses are borne by the supplier. GEZE further reserves the right to carry out the improvement or to get it done by a third party. The resulting expenses are borne by the supplier. The supplier must return the products (or parts of them) to be replaced by him on demand and at his own expense. … There is no claim for damage if the fault was caused by a violation of operating, maintenance and installation specifications, improper or unsuitable use, incorrect or negligent handling and natural wear and tear, as well as modifications made by GEZE or third parties to the goods delivered. … If GEZE is held liable by third parties due to a supplier’s product, or is liable for a violation of protected rights, the supplier shall exempt GEZE from such claims on first demand, if and insofar as the damage has been caused by an error of the contractual item delivered by the supplier. The supplier shall insofar bear the onus. GEZE will inform the supplier promptly of any such claims asserted by third parties and shall not settle payments or acknowledge claims without consultation. This regulation shall not apply if the supplier has carried out manufacturing according to samples and drawings provided by GEZE. … Force majeure events (such as natural disasters, earthquakes, pandemics etc.), strikes, official measures and other circumstances which are beyond the direct influence and control of the respective parties shall exempt the parties from their contractual obligations for the duration of their existence and to the extent of their effects. … The supplier shall guarantee that the tools have not been copied and made accessible to third parties in any form without the express written consent of GEZE. The supplier shall bear the cost in case of loss or damage. … Prohibition of assignment The parties agree that assignment of all claims from this contractual relationship is excluded fo r both the sides. 10 Confidentiality and data protection … The supplier is under the obligation to treat all the information, such as data, plans, drawings, knowledge, calculations and experiences, such as company and operational secrets (all 'confidential information') which he has obtained directly or indirectly within the scope of cooperation with GEZE, as confidential and to not make them accessible to third parties and to use them exclusively for implementing this contract. … If confidential information is passed to the supplier, it remains the property of GEZE. Transfer to third parties is prohibited as is the delivery of objects according to these drawings, models etc. Information may be released to third parties only after obtaining prior consent of GEZE or on the basis of an official obligation. In this case, GEZE must be info rmed immediately. … The supplier shall refrain from actively poaching employees (employees and freelancers) from GEZE directly or indirectly through third parties. This ban on poaching is valid from the inclusion of purchasing conditions and for the duration of 12 months after the termination of the contract or after completion of the processing of the specific order. … The supplier is under obligation to inform GEZE about any significant changes. This is particularly applicable with respect to: Company Address Partnerships and co-operations Products from new/changed production processes products with primary materials from a new subcontractor Changes in production site Products whose delivery lags behind for more than 24 months or has been stopped due to problems in quality This same obligation is applicable where the supplier is legitimately usin g a third party (subcontractor) to fulfil the contract in compliance with point … If, after an order has been placed, GEZE ascertains and immediately and credibly demonstrates to the supplier circumstances which justify the assumption of an existing or future breach of foreign trade regulations, GEZE is herewith granted, by mutual conse nt, a reasonable period of time for further review. The parties agree that any delay in acceptance shall be excluded for the duration of this examination period. … Stuttgart is explicitly agreed as the place of jurisdiction for disputes from or in connection with this contract between the parties. … Other changes and additions to this contract must be made in writing. No contracting party can cite a deviation from the contract as a standard action unless the de viation is put down in writing. There are no oral agreements. If such agreements were concluded before the integration of these General Purchasing Conditions, however, they shall become invalid on integration of these General Purchasing Conditions.
… parties reserve the right to see evidence of higher or lower storage costs. If GEZE Service stores materials at a service provider or third party premises (e.g. hauliers), GEZE Service may, at its discretion, claim the actual storage costs incurred. … (net) without prior consultation between the parties. On completion of the works GEZE Service shall inform the contractual partner of the content, extent, necessity and the costs incurred. The above regulation shall not apply to consumers. … As long as the contractual partner is not in delay of payment, he may process and sell articles subject to the retention of title in the regular course of business. Pledges or transfers by way of security are inadmissible. The contractual partner must immediately inform GEZE Service in writing of any pledges, confiscations and other orders or interventions by third parties. On resale subsequent to processing or only proportionate mixing, the contractual partner passes claims against a third party resulting from the resale of goods subject to the retention of title to GEZE Service immediately as security. 7. Acceptance If GEZE Service installs the products supplied at the site of a contractual partner or a third party, joint acceptance shall be performed before the contractual partner or third party starts to use the item. If there is no representative of the contractual partner on site who is authorised to accept at the time of completion, both parties reserve the right to request a joint acceptance of the work and services within an additional period of 12 days from receipt of the notification of the completion by the contractual partner. If an acceptance is not requested or if the contractual partner does not respond to the above notification, the work and services shall be deemed to be accepted upon the expiration of the additional period. If goods and services are used without acceptance or prior written consent from GEZE Service, the performance shall also be deemed to have been accepted. Clauses … Complaints concerning type, quality and quantity, where the defect is obvious, must be notified to GEZE Service immediately in writing, and at the latest within 10 calendar days of receipt of the goods at the destination. If the notification of a defect is justified and has been ascertained in time, the contractual partner party may exercise the aforementioned rights. … Our technical application advice, both verbal and written, is intended only to provide the contractual partner with a description of the optimal use of our products. It does not release the contractual partner party from his obligation to perform his own tests to ensure the suitability of our products for the purpose intended by him. The contractual partner shall ensure that our verbal and written technical application advice is passed on to the individuals who are ultimately responsible. … If the contractual partner party accuses GEZE of giving incorrect technical application advice, the ordering party must state this in writing immediately after establishing the possible breach of duty. In this case, the provisions stated under clause … The liability for material defects (warranty) shall lapse if the contractual partner changes or instructs a third party to change the subject of the contract without consent from GEZE Service, rendering the rectification of defects impossible or unreasonably difficult. Incorrect storage, shipping, installation and use or programming by the contractual partner also constitute such a change The contractual partner shall in all instances bear the additional costs incurred for correcting defects as a result of the change. Figures, plans, drawings and other documents provided to the contractual partner by GEZE Service shall remain the property of GEZE Service. In this respect, all copyrights continue to apply indefinitely. The forwarding, reproduction or publication of these documents shall demand the express written consent of GEZE Service. GEZE Service is not liable for defects or faults, which result from the documents provided by the contractual partner. … Product descriptions, which are the subject of the individual contract or have been openly published by GEZE Service or GEZE GmbH (notably in catalogues or on the GEZE website), serve only to describe products of average size and quality and do not constitute a quality agreement. GEZE Service does not assume any liability for public statements by other third parties (e.g. advertising claims). GEZE Service shall not issue any guarantees in the legal sense (notably quality and durability guarantees according to Section 443 BGB and such like). 10. Limitation … If the contractual partner is a company, it undertakes to treat information, such as data, plans, drawings, knowledge, calculations and experiences, such as company and operational secrets ('confidential information”') which it has obtained directly or indirectly within the scope of cooperation with GEZE Service, as confidential and to not make them accessible to third parties and to use them exclusively for implementing this contract. … The duty of confidentiality is not applicable insofar as the notified information and documents - are already public (generally known, are a part of the latest technological developments), - were already known to the contractual partner at the time of notification or - were subsequently notified by a third party without any mandatory confidentiality obligation, or - must be published on the basis of official or judicial order. The contractual partner shall bear the burden of proof if there is an exception in the confidentiality obligation, and inform GEZE Service immediately of any duty of publication. … If confidential information is passed to the contractual partner, it shall remain the property of GEZE Service. Transfer to third parties is prohibited as is the delivery of objects according to these drawings, models etc. Information may be released to third parties only after obtaining prior consent of GEZE Service or on the basis of an official obligation. In this case, GEZE Service must be informed immediately. … Place of performance for our deliveries and services is the respective place of dispatch of the goods or the agreed place of delivery or installation, the place of payment by the contr actual party is the head office of GEZE Service in Leonberg … Where the contractual parties are companies, legal persons under public law or owners of public-law special assets, and depending on the value of the claim, the district court of Leonberg or the regional court of Stuttgart shall have exclusive jurisdiction over any dispute between the contractual partner and GEZE Service arising from this contractual relationship. In such cases, GEZE Service may at its discretion also bring an action at the contractual partner’s registered office. The general place of jurisdiction, the place of residence of the debtor, applies to consumers. GEZE Service GmbH Registration court: Stuttgart Local Court, HRB 252569 Version: January 2021
… parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. Lichtvorhang GC 339 Not-Stop-Taster (emergency button) Durchgangsbreite (Passageway width) = 1321 Referenzzeichnung reference drawing … (floor ring stainless steel) 300 Verriegelungsklotz mit Abdeckblech (manual locking into floor) 250 Estrich bauseits (concrete by others) 48 bauseits (drainage piping by others) (only local holder) 20 (only local holder) (only local holder) XX.XX.XXXX This drawing shows the actual state of product development at the date of the drawing or the revision date. No claims or damages in any form can be made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE and is made available to third parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. Auftrag:XXXXX Angebot: XXXXXX Referenzzeichnung reference drawing … .2017 ep - - 1:2 - 0-002 40 This drawing shows the actual state of product development at the date of the drawing or the revision date. No claims or damages in any form can be made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE and is made available to third parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. 40 (manual locking - downwards) 75 70 30 Lichtvorhang GC 339 (light curtain GC 339) (vertical rubbers at closing edges, black) 35 14 Stangenschloss vorbereitet 34 Lichtvorhang GC 339 (light curtain GC 339) 14 local glass holders (glass holder, brushed stainless steel) Fassade / Fassadenanschluss- bauseits (facade / connection to facade by others) 25 Fassade / Fassadenanschluss- bauseits (facade / connection to facade by others) 25 (vertical rubbers at closing edges, black)
… parties do not gain knowledge of his individual access data. … . The user is obliged to refrain from all activities that could lead to destruction or manipulation of GEZE's data records or IT systems by the user or a third party. 4. Processing … . The contents of the supplier portal are the property of GEZE and are copyright protected. They may not be copied, distributed, changed or made accessible to third parties without consent. … . The partner will obligate his employees and third parties to maintain confidentiality. The partner will immediately notify GEZE if he notices that his access data and/or information to be kept secret is obtained by an unauthorised third party or if confidential documents have gone missing.
… party products. · The wiring diagram is only a schematic representation. The exact routing of the cables must be determined on site. · All cable and water connections of the hot-air curtain system must be laid by a specialist company on site. … Determine the number of wires on site, cable dimensioning, terminal diameter. * Shielded cable * Note: : With Slimdrive SCR doors the feeder and display, programme switch push button must be doubled up! PREPARED BY This drawing corresponds to the development status of the drawing date or the last revision. No claims of any kind, including damage claims, can be derived and asserted against GEZE GmbH from use of the drawing. The drawing remains the property of GEZE and is only provided to third parties for use during the contractual period. GEZE is exclusively entitled to all the claims resulting from the drawing. This drawing may not be duplicated nor made accessible to third parties without prior agreement by GEZE. DATE TITLE REVISED ON PAGE PAGE