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GENERAL TERMS AND CONDITIONS OF REMOTE SERVICE
GENERAL TERMS AND CONDITIONS OF REMOTE SERVICE (November 2018) governing orders for remote service support provided by: Hennecke GmbH Birlinghovener Str. 30, 53757 Sankt Augustin (hereinafter referred to as: "Hennecke“) 1. Scope of services The subject of these conditions is the provision of remote services. Remote service is the generation of a remote diagnosis of Hennecke machines by Hennecke personnel conducted via Internet-based online access. A connection to the machine cannot be established without the Customer's consent and approval. The following conditions apply to the remote services: 2. Requirements for customer A mandatory requirement for Hennecke's remote service is that the Customer has purchased the necessary remote service hardware (RSR) from Hennecke in a separate purchase agreement. Moreover, the Customer shall provide an Internet connection for the machine at his own cost. The Customer shall also make available trained and skilled personnel and auxiliary means at his own cost and shall transmit all data required for the remote diagnosis. The Customer guarantees that his Internet connection is available and that any software used by him is free from viruses. 3. Remote maintenance If Hennecke, as part of the remote service, loads software into a Customer system without being personally present to commission such software on site, the Customer shall take all appropriate measures during such commissioning and in the early phases of operation to minimize any damage resulting from potential software malfunctions. This shall include the following: • functional testing of any equipment covered by the remote service prior to start-up; • increased monitoring of functional parameters in the initial phase; • ensuring that the equipment can be shut down immediately in the event of a malfunction; • ensuring that no personnel is present in potentially hazardous areas during software loading and test phases. The Customer is granted a non-exclusive right to use software which has been installed as part of remote services. The following applies to the use of the software: the software is provided solely to use for the purpose intended by the remote service and for use on a single system only. The Customer may copy, edit or translate software, or convert it from object code into source code, only to the extent permitted by statute (sections 69 a et seq. German Copyright Act (Urheberrechtsgesetz). The Customer is entitled to decompile and copy software to the extent required for ensuring the interoperability of the software with other programs. This applies only if Hennecke has failed to provide the Customer with the necessary information within an appropriate time upon the latter's request. The Customer undertakes not to remove or alter any manufacturer's details - in particular copyright notices - without Hennecke's express prior consent. All other rights in the software and its documentation, including any copies thereof, shall remain with Hennecke or the creator of the software, respectively. The granting of sub-licenses is not permitted. Modifications to the machine code included in the control software are subject to the express approval of Hennecke's Electrical Design Department. 4. Accurate time-based invoicing For each started remote service hour the current hourly rate for senior process engineers plus sales tax will be charged. 5. Confidentiality 5.1 Hennecke undertakes to treat all information and data that become known in connection with the performance of Remote Services confidentially, not to use them for its own purposes outside the respective Services, nor to make them accessible to third parties. This shall apply for the duration of the contractual relationship and three years after termination. All Hennecke employees are also obliged to maintain confidentiality. 6. Data protection Hennecke maintains a state-of-the-art data security system whereby Customer data transferred to any Hennecke data processing system as part of a remote service callout are protected, inter alia, by a so-called double firewall. 7. Warranty It cannot be guaranteed that our troubleshooting attempts will be successful. Every reasonable effort will be made to remove the causes of a malfunction. Note: On-site service work may be required to remedy a malfunction. 8. Liability 8.1 Unless otherwise agreed, Hennecke shall be liable for the breach of material contractual obligations in accordance with the statutory provisions. Hennecke shall only be liable for other breaches of duty if they are the result of intentional or grossly negligent conduct on the part of legal representatives or executive vicarious agents. Hennecke shall only be liable for consequential harm caused by a defect if the underlying breach of duty is attributable to intent or gross negligence. 8.2 In the absence of intentional conduct, Hennecke shall be liable only for reasonably foreseeable damage that typically occurs. 8.3 The foregoing shall neither affect Hennecke’s liability under mandatory legal provisions, nor the liability for culpable ("schuldhaft") injury to life, body or health. 8.4 Any proceeding claims against Hennecke for damages arising out of a breach of duty are excluded. 8.5 Any claims for damages under Clauses 9.1 to 9.3 above shall be time-barred within the statutory periods. 9. Final provisions 9.1 The place of performance for the remote service is the location of the machinery to be maintained. For any other contractual obligations, the place of performance shall be the registered seat of Hennecke, unless otherwise specified or another place of performance results from the nature of the obligation. 9.2 German law shall apply, subject to exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 9.3 The place of jurisdiction is Cologne. Hennecke shall have the choice to have any and all disputes arising out of the business relationship with the Customer finally decided in accordance with the Rules of Arbitration of the Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with said Rules. At the Customer's request, Hennecke shall execute the aforementioned right of choice regarding a certain dispute by declaration to the Customer within one week from the receipt of the Customer’s request, if the Customer wishes to initiate legal proceedings against Hennecke. Hennecke GmbH
GENERAL TERMS AND CONDITIONS OF REMOTE SERVICE accept
GENERAL CONDITIONS OF USE
GENERAL CONDITIONS OF USE Access to and use of this website are subject to the following conditions. Please do not use this website unless you agree with these conditions. This website has been developed by Hennecke GmbH (hereinafter to be referred to as Hennecke) and is administrated by the same. We reserve the right to discontinue or to make partial or complete modifications to this website or to the General Conditions of Use, to our General Terms and Conditions, and to our Conditions of Sale and Delivery. Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this website, to view the conditions again and to note any changes or amendments that may have been made. Surrender of use and benefit All details, documents and illustrations published on this website are the sole property of Hennecke. Any permission to use the same is granted on the proviso that the relevant copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the website are only used in conjunction with the accompanying text. Trademarks and Copyright All trademarks on this website are the property of Hennecke, unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights. Limited liability Hennecke has compiled the detailed information provided on this website from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavor to expand and update this range of information on an ongoing basis. The information on this website is purely for the purpose of presenting Hennecke and its products and services. However, no representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information on this website. In particular, we must ask you to be aware that this information may no longer be up to date. We therefore recommend that you check any information you obtain from this website prior to using it in whatever form. Advice given on this website does not exempt you from conducting your own checks on our latest advice - particularly our safety datasheets and technical specifications - and on our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly. Users of this website declare that they agree to access the website and its content at their own risk. Neither Hennecke nor third parties involved in the writing, production or transmission of this website can be held liable for damage or injury resulting from access or the impossibility of access or from the use or impossibility of use of this website or from the fact that you have relied on information given on this website. Websites of third-party vendors/links This website contains links/references to third-party websites. By providing such links, Hennecke does not give its approval to their contents. Neither does Hennecke accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. Links to other websites are provided to website users merely for the sake of convenience. Users access such websites at their own risk. Details supplied by yourself The user of this website is fully responsible for the content and correctness of details he or she sends to Hennecke as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for Hennecke to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data, as defined in sections 5 and 6 of the German Teleservices Data Protection Act (Teledienstedatenschutzgesetz). In particular, Hennecke is entitled to use the contents of such messages, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations. International Users This website is checked, operated and updated by Hennecke. It is exclusively intended for use in EMEA (Europe, Middle East, Africa). Hennecke gives no guarantee that the details presented on this website are also correct in places outside EMEA, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Should you call up this website from a place outside EMEA or download contents from such a place, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in that place. Products mentioned on this website may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country. Customers in the USA are requested to contact Hennecke Inc. being responsible for the US business of Hennecke GmbH. Sale of Hennecke Products Our products are sold in accordance with the current version of our General Conditions of Sale and Delivery. Site with Login: Access rights Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization. You must notify Hennecke immediately if you learn that security has been violated in respect of any details available on the Hennecke website or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible. Applicable law Any legal claims or lawsuits in conjunction with this website or its use are subject to German law, except for the provisions of international private law and the Hague Convention relating to a Uniform Law on the International Sale of Goods of July 1, 1964 and in the UN Sales Convention of April 11, 1980. Forward-Looking Statements This internet site contains forward-looking statements. These statements use words like "believes," "assumes," "expects" or similar formulations. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of our company and those either expressed or implied by these statements. These factors include, among other things: downturns in the business cycle of the industries in which we compete; new regulations, or changes to existing regulations, that increase our operating costs or otherwise reduce our profitability; increases in the prices of our raw materials, especially if we are unable to pass these costs along to customers; loss or reduction of patent protection for our products; liabilities, especially those incurred as a result of environmental laws or product liability litigation; fluctuation in international currency exchange rates as well as changes in the general economic climate; and other factors identified in this internet site. These factors include those discussed in our public reports filed with the Frankfurt Stock Exchange and with the U.S. Securities and Exchange Commission (including our Form 20-F). In view of these uncertainties, we caution readers not to place undue reliance on these forward-looking statements. We assume no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.
GENERAL CONDITIONS OF USE accept
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