Managing Directors
Reinhard Engstler
Roland P. Weimer
[E³] Engstler Elektronik Entwicklung GmbH
Auweg 27
D-63920 Grossheubach
Phone: +49 (0)9371-9164500
E-Mail: info @ e3-keys.com
Registry Court: Amtsgericht Aschaffenburg HRB 8703
Tax ID Number: 204/125/02184
VAT ID Number: DE228507246
Privacy Notice: Our data protection declaration at www.e3-keys.com/legal.html#privacy applies with regard to data protection, processing, storage and, if applicable, your right to objection when contacting us via the contact data provided by us (fax, e-mail, postal address).
The free and freely accessible contents of this website have been created with the greatest possible care. However, the provider of this website does not guarantee the accuracy and timeliness of the free and freely accessible journalistic guides and news. Contributions marked by name reflect the opinion of the respective author and not always the opinion of the provider. Only by the call of the free and freely accessible contents no contractual relation comes off between the user and the offerer, in this respect it lacks at the Rechtsbindungswillen of the offerer.
This website contains links to third-party websites ("external links"). These websites are subject to the liability of the respective operators. When the external links were first established, the provider checked the external content for possible violations of the law. At that time, no violations of the law were apparent. The provider has no influence whatsoever on the current and future design and content of the linked pages. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as his own. A constant control of the external links is not reasonable for the provider without concrete evidence of legal violations. However, in the event of knowledge of legal infringements, such external links will be deleted immediately.
The contents published on this website are subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective copyright holder. This applies in particular to duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized duplication or passing on of individual contents or complete pages is not permitted and punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted.
The presentation of this website in external frames is only permitted with written permission.
If special conditions for individual uses of this website deviate from the aforementioned numbers 1 to 4, this will be expressly pointed out at the appropriate point. In this case, the special terms of use apply in the respective individual case.
Source: Disclaimer Sample by JuraForum.de
Translation into English: DeepL.
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With this data protection declaration we would like to inform you about the type, scope and purpose of the processing of personal data on our website. Personal data is all data that has a personal connection to you, e.g. name, address, e-mail address or user behavior.
Responsible for data processing:
[E3] Engstler Elektronik Entwicklung GmbH
Managing Directors
Reinhard Engstler und Roland Weimer
Auweg 27
63868 Grossheubach
Germany
+49 (0)9371-9164500
info @ e3-keys.com
www.e3-keys.com/legal.html#privacy
We process your personal data transferred to us within the scope of the contractual and pre-contractual relationships existing between us. The scope, type, purpose and necessity of the processing depends on the respective underlying contractual relationship. For this purpose, we store and process your data in the computer systems we use. The data processed by us includes all data provided by you for the purpose of making use of the contractual or pre-contractual services and required for processing your enquiry or the contract concluded between us.
This may include in particular the following data:
The processing is limited to those data which are necessary and expedient for answering inquiries and/or for the fulfilment of a contract concluded between you and us. Personal data will only be passed on to third parties if this is necessary for the purpose of providing the service or within the framework of the organisation of our company for handling financial accounting and complying with legal obligations. In this case only those data will be transferred to external service providers which are necessary and expedient for the fulfilment of the contract or for the processing of the financial accounting as well as the observance of legal obligations. The processing by us takes place according to your instructions or the legal regulations.
Legal basis: The processing of your personal data as well as the transfer to third parties takes place in accordance with Art. 6 Para. 1 lit. b) DSGVO and serves to fulfil the contract between you and us. Otherwise, we only pass on data to third parties if there is a legal obligation to do so, Art. 6 para. 1 lit. c) DSGVO or if there is a legitimate interest in this, Art. 6 para. 1 lit. f) DSGVO. DSGVO. This is the case, for example, if this is necessary to pursue our claims.
Deletion: The deletion of your data takes place as soon as the data is no longer necessary for the fulfilment of contractual or legal care obligations as well as for the handling of any warranty and comparable obligations. This does not affect the statutory retention obligations.
To maintain our online presence, we use an Internet service provider on whose server the website is stored (hosting) and who makes our website available on the Internet. The Internet service provider processes contact data, content data, contract data, usage data, inventory data as well as meta and communication data on our behalf. Name and address of the Internet service provider: STRATO AG, Pascalstrasse 10, 10587 Berlin. You can view its privacy policy here: https://www.strato.de/datenschutz/ . The Internet service provider is based inside the EU.
Legal basis: The Internet service provider processes the aforementioned data on our behalf, Art. 28 DSGVO. The data processing takes place due to our justified interest in an efficient and safe supply of our Internet offer, art. 6 para. 1 lit. f) DSGVO.
If you use our website for information purposes only, our Internet service provider will only collect the personal data that the browser you are using transmits to its server. These are the following data:
The aforementioned data is stored as log files on the servers of our Internet service provider. This is necessary to display the website on the device you are using and to ensure stability and security. Our legitimate interest in data processing lies in the aforementioned purposes.
Legal basis: Data processing takes place on the basis of our legitimate interest in the efficient and secure provision of our website, Art. 6 Para. 1 lit. f) DSGVO.
Duration: The above data to provide our website will be stored for 7 days and then deleted.
Although our website currently does NOT use cookies we publish the following text regarding the potential use of cookies. Cookies are small text files consisting of a series of numbers and letters that are stored on the device you are using. Cookies neither transmit viruses nor can they execute programs. Rather, they are primarily used to exchange information between the terminal you are using and our website in order to make our website more user-friendly and effective for you. A distinction must be made between temporary (transient) cookies and persistent cookies. Transient cookies include session cookies in particular. These store a so-called session ID, which can be used to assign various requests from your browser to the joint session. This enables our website to recognize your computer when you return to our website. The session cookies are deleted when you log out or close your browser. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You have the option of deleting these cookies at any time in the security settings of your browser.
The cookies serve to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. In particular, information on language settings or log-in information can be stored in these cookies.
In addition, we also use cookies on our website, which enable an analysis of your visit to our Internet pages. In particular, these cookies may contain information on search terms entered, the frequency of page views or the use of website functions. These cookies enable us to understand how often and in what way the website and its functions are used. They thus serve to improve the quality and user-friendliness of our website, in particular its content and functions. This enables us to continuously optimise our offer. The data collected in this way is pseudonymised by technical precautions. Therefore it is not possible to assign the data to your person. The data are not stored together with other personal data concerning you.
Our legitimate interest in data processing lies in the aforementioned purposes. The legal basis for this is Art. 6 Para. 1 S. 1 lit. f DSGVO.
Since the cookies are stored on your computer, you as a user also have full control over the use of cookies. You have the possibility to determine whether cookies are stored at all via the security settings of your browser. For example, you can not accept cookies from the outset or only accept cookies on request, or you can specify that cookies are deleted each time you close your browser. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.
We delete or block your personal data as soon as the purpose of storage has been achieved or no longer applies. Any storage going beyond this will only take place if this is given to us by national or European regulations. In this case, the data will be blocked or deleted when the storage period prescribed in the respective regulations has expired, unless we need your data to fulfil a contract concluded between us or if this is necessary for the assertion, exercise or defence of legal claims.
If you contact us via e-mail, social media, telephone, fax, post, our contact form or in any other way and provide us with personal data such as your name, telephone number or e-mail address or provide us with further information about your person or your concern, this data will be stored and processed in our company to process your enquiry.
Legal basis :If you have made your request via our contact form, the legal basis for the processing of your data is Art. 6 para.1 lit. a DSGVO. If you make your request within the framework of contractual or pre-contractual relations with us, the legal basis for the processing of your data is Art. 6 Para. 1 lit. b. Unless your request falls under one of the above categories, our legitimate interest in the processing of your data lies in answering your request properly and in your interest, Art. 6 para. 1 lit. f DSGVO.
Deletion: The personal data collected by us will be deleted if they are no longer required. We check the necessity every 2 years. You can also revoke the data processing at any time.
According to the DSGVO, you are entitled to the following rights, which you can assert at any time at the responsible person named in section 1 of this data protection declaration:
Irrespective of the above, you have the right at any time to object to the processing of your personal data for advertising and data analysis purposes.
Please send your objection to the contact address of the person responsible given above.
On this website we use components from YouTube, a service of YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA.
The use of Youtube allows us to embed various videos and clips made available on the Internet platform www.youtube.de . After a page or subpage of our website has been accessed on which such embedding has taken place, the Internet browser you are using is prompted to download video components of the respective embedded video or clip. During your visit to our website and its subpages, both Youtube and Google will be informed which page or subpage you have visited by transmitting your IP address to the external servers of Google in the USA. This information is transmitted regardless of whether the displayed videos or clips are actually viewed or clicked, or whether you are logged into your Youtube or Google account. Google is a party to the Privacy Shield Agreement and is certified to process data in accordance with European standards. This information is collected and associated with your Google account if you are logged into it during your visit.
Purpose: The use of the Youtube components on our web site is intended to provide you with videos and clips from the www.youtube.de web site on our web site for your viewing and interaction.
Legal basis: We use Youtube because of our legitimate interest in the optimization and design of our online services, Art. 6 para. 1 lit. f DSGVO.
Prevention: You can prevent data transmission at any time by logging out of your Youtube account, or by setting an opt-out cookie after logging in to your Google account at the following link https://adssettings.google.com/authenticated by clicking the Logout button.
Third party information:
Seat within the EU: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
We use on our website components from "Google Maps", a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: "Google").
By Google Maps geographical information is displayed visually. The IP address of the visitor is collected and processed by Google. This is transmitted to Google irrespective of whether the use of Google Maps actually takes place or whether you are logged into your Google account. Your IP address will be assigned to your Google account if you are logged into it when you visit our website. This data is transferred to external Google servers in the USA. Google is a party to the Privacy Shield Agreement and is certified to process data in accordance with European standards. Google may share this information with third parties through the technical process.
purpose: The integration of Google Maps serves the simplified visualization and navigation in the context of a visit of our location. Data processing by Google is carried out for the purpose of advertising, market research, the design of the website and the provision of demand-oriented advertising.
Legal basis: We use Google Maps because of our legitimate interest in the optimization and design of our website, Art. 6 para. 1 lit. f DSGVO.
Prevention: You can prevent the allocation of data by not using Google Maps on our website and by logging out of your Google account before your visit. You can also deactivate JavaScript in your browser to prevent map display. Further we refer to the data protection regulations of Google under the following link http://www.google.com/intl/de_en/help/terms_maps.html
Third-party information:
Head office within the EU: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
We operate online presences within the social networks listed below. If you visit one of these sites, your usage data will be collected and processed by the respective provider. This is usually done through cookies, which are stored on the device you are using. For the term "cookie" see above under the corresponding heading. Cookies are used to store your usage behaviour and your interests and to create corresponding usage profiles. In addition, data can be stored in the user profiles independently of the device you are using. This is particularly the case if you are a member of the respective platform and logged in to it.
The collected data is usually used by the provider for the purpose of advertising and market research by creating user profiles based on your usage behaviour. These, in turn, can be used by the providers to play out interest-related advertising to you. You have a right of revocation against the creation of user profiles. In order to exercise this right, you must contact the respective provider. If you have an account with the provider, your usage data can be linked to it. In order to prevent such a linking of your data, you can log out before visiting our site at the service of the provider.
For what purpose and to what extent data is collected from the provider, you can see the following privacy statements of the providers. We ourselves have no influence on which data is collected and how this data is used by the provider. If you request information in detail here or want to make use of your rights affected, you can do this most effectively with the respective provider itself, since only the respective providers have access to your data.
We would like to point out that your user data may be transferred and processed outside the European Union. In this case there is a risk that the enforcement of your rights may be made more difficult. Those US providers who are certified under the Privacy Shield have undertaken to comply with EU data protection standards. The information whether the respective provider has such a certificate can be found in the information on the providers listed below.
Legal basis: If you have been asked by one of the following providers for consent to data processing, the legal basis for processing is Art. 6 Para. 1 lit. a DSGVO. In addition, the processing of your data is based on our legitimate interests to contact you and communicate with you, Art. 6 para. 1 lit. f. DSGVO.
Prevention: To the respective possibilities of objection (Opt-Out) we refer to the following linked data of the providers.
We maintain online presence on the following social networks:
LinkedIn is a service of LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043 - USA
Seat in the EU: LinkedIn, Hofstatt 4th Floor, Sendlinger Str. 12, 80331 München - Germany
Xing is a service of New Work SE, Am Strandkai 1, 20457 Hamburg, Germany
Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 - USA.
Seat in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 - Ireland
We also take technical and organizational security measures in accordance with the state of the art in order to comply with the provisions of data protection laws and to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties.
This Privacy Policy is currently valid and as of January 2019. Due to changes in legal or regulatory requirements, it may be necessary to amend this Privacy Policy.
This privacy statement has been prepared using SOS Recht. You can find the privacy statement generator here. SOS Recht is an offer of Mueller.legal Rechtsanwälte Partnerschaft based in Berlin.
Translation provided by DeepL https://www.deepl.com/en/translator
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by [E³] Engstler Elektronik Entwicklung GmbH ([E³]). These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither [E³]’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. [E³]’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from [E³] shall be deemed to constitute acceptance of the terms and conditions contained herein.
All orders placed by Buyer are subject to acceptance by [E³]. Orders may not be canceled or rescheduled without [E³]’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. [E³] may in its sole discretion allocate Product among its Customers.
The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in [E³]’s cost, change in market conditions or any other causes beyond the reasonable control of [E³]. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
Unless otherwise agreed to in writing by [E³], all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold [E³] harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on [E³]’s invoice.
Payment may be made by check, credit card, or wire transfer (all fees are borne by the Buyer). Where [E³] has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction, unless otherwise agreed to by [E³] in writing. On any past due invoice, [E³] may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, [E³] reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which [E³] has extended credit to Buyer. In the event of default by Buyer, [E³] shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. [E³]’s delivery dates are estimates only and [E³] is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of [E³], nor shall the carrier be deemed an agent of [E³]. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
Item(s) must be in original condition to be returned, unless there is a manufacturer defect. Customer must notify [E³] within 30 days of ship date, then return the item within 14 days of receiving a RMA from [E³].
In order to make sure the item is returnable, please follow the steps below:
Contact a [E³] sales representative within 30 days of ship date of item(s) by calling
+49 (0)9371-9164500 or by emailing support @ e3-keys.com.
If the item is approved for return, [E³] will issue a Return Material Authorization (RMA) number. Once the RMA number is received, item must be returned within 14 days. [E³] will provide the Customer with specific instructions on where to mail / return item(s) with the RMA number. In most cases returned items will be shipped to the [E³] warehouse located at:
[E³] Engstler Elektronik Entwicklung GmbH
Roechlingstrasse 26-28
66280 Sulzbach/Altenwald
Germany
Please include the signed RMA in the return package stating the reason for the return and the delivery note/invoice.
Only products originally shipped from [E³] returned to [E³]. By a Buyer returning products to [E³], the Buyer certifies that the products were purchased from [E³] and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a [E³] sales representative via an RMA.
If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 30 days after ship date. Defective item(s) may be exchanged/returned for the same item. Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping. Items purchased from [E³] that have been used or altered will not be accepted for exchange.
Reasonable cancellation or restocking charges may include a minimum 15% restocking fee, this will be deducted from the Customer refund. [E³] does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges and [E³] will not accept COD shipments.
[E³] will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, [E³] will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.
This limited warranty covers defects in materials and workmanship in this product. This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by [E³] Engstler Elektronik Entwicklung GmbH to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. Without limiting any other exclusion herein, [E³] Engstler Elektronik Entwicklung GmbH does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.
The standard limited warranty for [E³] products is three (3) years from the date of original purchase. Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product. [E³] Engstler Elektronik Entwicklung GmbH will, at its sole option, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
If this product is returned to [E³] Engstler Elektronik Entwicklung GmbH or the authorized dealer from which it was purchased or any other party authorized to repair [E³] Engstler Elektronik Entwicklung GmbH products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. If this product is returned uninsured, you assume all risks of loss or damage during shipment. [E³] Engstler Elektronik Entwicklung GmbH will not be responsible for any costs related to the removal or re-installation of this product from or into any installation. [E³] Engstler Elektronik Entwicklung GmbH will not be responsible for any costs related to any setting up this product, any adjustment of user controls or any programming required for a specific installation of this product.
To obtain a remedy under this limited warranty, you must contact either the authorized [E³] Engstler Elektronik Entwicklung GmbH reseller from whom you purchased this product or [E³] Engstler Elektronik Entwicklung GmbH directly. For a list of authorized [E³] Engstler Elektronik Entwicklung GmbH resellers and/or [E³] Engstler Elektronik Entwicklung GmbH authorized service providers, visit our web site at www.e3-keys.com
In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorized [E³] Engstler Elektronik Entwicklung GmbH reseller or [E³] Engstler Elektronik Entwicklung GmbH original invoice. If this product is returned under this limited warranty, a return authorization number, obtained from [E³] Engstler Elektronik Entwicklung GmbH, will be required (RMA number). You may also be directed to an authorized reseller or a person authorized by [E³] Engstler Elektronik Entwicklung GmbH to repair the product. If it is decided that this product should be returned directly to [E³] Engstler Elektronik Entwicklung GmbH, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused.
THE MAXIMUM LIABILITY OF [E³] Engstler Elektronik Entwicklung GmbH UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, [E³] Engstler Elektronik Entwicklung GmbH IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, [E³] Engstler Elektronik Entwicklung GmbH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF [E³] Engstler Elektronik Entwicklung GmbH CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPICABLE LAW.
This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state. This limited warranty is void if (i) the label bearing the serial number of this product has been removed or defaced, (ii) the product is not distributed by [E³] Engstler Elektronik Entwicklung GmbH or (iii) this product is not purchased from an authorized [E³] Engstler Elektronik Entwicklung GmbH reseller. If you are unsure whether a reseller is an authorized [E³] Engstler Elektronik Entwicklung GmbH reseller, visit our web site at www.e3-keys.com.
BUYER SHALL NOT BE ENTITLED TO, AND [E³] SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM [E³] FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHERIN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD [E³] HARMLESS FROM ANY CLAIMS BASED ON (a) [E³]’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN [E³], or (c) USE IN COMBINATION WITH OTHER PRODUCTS.
Buyer certifies that it will be the recipient of the Products to be delivered by [E³]. Buyer understands that the associated hardware, software, and/or technical data (“Products”) listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations (“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the International Traffic in Arms Regulations (“ITAR”). The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Buyer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. [E³] will not transfer any export-controlled products to a non “U.S. Person” without the proper authority of the United States Government, and the buyers written approval.
Products sold by [E³] are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that [E³] and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold [E³] and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
[E³] is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond [E³]’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing [E³] from performance and barring remedies for non-performance. In an event of force majeure condition, the [E³]’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting [E³] to any liability or penalty. [E³] may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. [E³] shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of [E³]’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
The laws of the Federal Republic of Germany will exclusively govern any dispute between [E³] and Buyer.
Buyer may not assign this Agreement without the prior written consent of [E³]. [E³] or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns.
Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
[E³] General Terms & Conditions revision 1.4
The management and staff of [E³] Engstler Elektronik Entwicklung GmbH are committed to the highest ethical standards in our business practices and compliance with all applicable laws and regulations. Our global supply chain and worldwide customer base requires us to comply with regulations promulgated, among others, by the European Union, the Federal Republic of Germany, the United States of America, Canada, and the State of California.
This commitment extends to our partners in our supply chain and includes, among other regulations, compliance with
As part of our due diligence in compliance with these and other regulations, [E³] has implemented an internal compliance policy and supplier certification program.
[E³] Engstler Elektronik Entwicklung GmbH has adopted the Responsible Business Alliance (RBA) Code of Conduct, a set of standards on social, environmental and ethical issues in the electronics industry supply chain. The standards set out in the Code of Conduct reference international norms and standards including
and many more.
The Code of Conduct version 5.1 went into effect on Jan. 1, 2016. Version 6.0 of the RBA Code of Conduct was ratified in 2017 and went into effect Jan. 1, 2018. Version 6.0 can be viewed here. As part of our purchase order conditions, all of our suppliers accept this code of conduct and confirm compliance with the applicable standards and legal requirements.
[E³] is registered with the Stiftung Elektro-Altgeräte Register under registration number DE56067191 for category 3 information and telecommunications technology and product type professional goods.
This determination by [E³] is based on a careful review of the applicable law and application of the required tests in accordance with the German act governing the sale, return and environmentally sound disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act or ElektroG). Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit (BMU), Hinweise zum Anwendungsbereich ElektroG, 3 Spezielle Abgrenzungsfaelle, 24. Juni 2005, Seite 15)
For more information please visit EU website here..
In June 2007, the European Union Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) was first released. This Regulation establishes specific duties and obligations for companies in the European Union (EU) that manufacture or import substances on their own, in preparations, or in articles.
Fore more information see also SVHC candidate list here.
More information on California Proposition 65, including the list of regulated substances, see here.
[E³] is a leading supplier of programmable LCD switches and control panels systems with programmable LCD switches. Our products are often directly installed in electronic equipment. EU Directive 2015/863/EU (RoHS-3) seeks to further limit the use of certain hazardous substances in electric and electronic equipment.
[E³] Engstler Elektronik Entwicklung GmbH declares that, to the best of our knowledge, all electrical and electronic equipment (EEE) sold by the company are in compliance with Directive 2015/863/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment. Products manufactured by [E³] as a downstream user do not contain the substances listed in this table in concentrations greater than the listed maximum value.
The management and staff of [E³] Engstler Elektronik Entwicklung GmbH have been working with our supply chain to comply with HR 4173 (the Dodd-Frank law), specifically with regard to section 1502 – Conflict Minerals. Beginning with May 31, 2014, many of our customers must begin reporting the use of minerals sourced in the Democratic Republic of the Congo (DRC) or an adjoining country. The minerals affected are gold, tin, tantalum, and tungsten.
Although [E³] does not add any conflict minerals in our manufacturing process, some of the components or sub-assemblies sourced in our supply chain contain gold. They do not contain the other conflict minerals. [E³] completes a process of our annual determination to confirm that none of our products that contain gold use minerals sourced in the DRC or surrounding countries as part of our due diligence in our supply chain. We have done this in order to respond to requests for this information from our customers who are obligated to report under this legislation. This effort is referred to as a Reasonable Country of Origin Inquiry (RCOI) and part of our response to EICC-GESI declarations for the products we produce.
More information about the US Conflict Minerals Law here.
The California Transparency in Supply Chains Act of 2010 (SB 657), effective January 1, 2012, requires large retailers and manufacturers doing business in the state of California, with gross worldwide receipts of over 100 million U.S. dollars (USD), to be transparent about the efforts they have undertaken to eradicate slavery and human trafficking in their direct supply chains for tangible goods offered for sale.
Although [E³] Engstler Elektronik Entwicklung GmbH's business is outside the scope of above regulation, we are nonetheless committed to do our part in the elimination of slavery and human trafficking. [E³] has, therefore, voluntarily adopted the Electronic Industry Citizenship Coalition (EICC) Code of Conduct, now Responsible Business Alliance (RBA) which prohibits the use of forced, bonded, indentured labor or involuntary prison labor.
To ensure that our supply chain complies with our policies and procedures, we require compliance with our policies on forced labor and human trafficking. We believe that our suppliers' compliance with our Code of Conduct reduces the risks of human trafficking and slavery in our supply chain. [E³] expects suppliers to comply with the Code regardless of local business practices or social customs.
In addition to regulations applying to the products we manufacture, European and US regulations extend to the manufactured packaging articles and packaging components we use to receive and ship our products. In particular these are
To harmonize national measures concerning the management of packaging and packaging waste and to prevent or reduce its impact on the environment Directive 94/62/EC was adopted and last amended by Directive (EU) 2015/720. The Directive aims at providing a high level of environmental protection and ensuring the functioning of the internal market by avoiding obstacles to trade and distortion and restriction of competition.
For more information on the European Packaging Waste directive see here.
The California Toxics in Packaging Prevention (TIPP) Act (codified at Cal. Health & Saf. Code §§ 25214.11–.26) is a California law that prohibits the use of certain heavy metals in packaging materials. Under the law, manufacturers may not offer products for sale if the packaging contains a regulated metal that has been intentionally introduced into the packaging material. Additionally, the total incidental presence of regulated metals may not exceed 100 parts per million by weight. The regulated metals are lead, mercury, cadmium, and hexavalent chromium.
More information on TIPP Act here
The Lacey Act of 1900 (codified at 16 U.S.C. §§ 3371–78) is a federal law in the United States that generally prohibits any transaction involving plants or wildlife that were taken or harvested illegally. The Lacey Act is the United States’ oldest conservation law, but it remains in effect today. In 2008, significant amendments were passed that expanded the scope of the Lacey Act’s protections. Under the law, no person may import, export, transport, sell, receive, acquire, or purchase any plant that was harvested illegally. Furthermore, the Lacey Act now defines “plant” to include not just plants themselves but also any products made from plants, such as wood pulp or wood fibers.
More information about the Lacey Act here.
Please klick here to request a certificate of conformity