„General Terms and Conditions of Trade (AGB) of the company “Raytrix GmbH” to be applied in business dealings with entrepreneurs as defined by § 14 BGB (German Civil Code), legal entities under public law and special funds under public law
§ 1 Offer, acceptance
(1) The offer is based on the client´s order for goods – not on the presentation on our web site of individual goods and services.
(2) After the order for goods comes a “confirmation of the order for goods” sent by e-mail which merely confirms the reception of the order for goods. The client´s order for goods itself will then be accepted within 14 days - either by “confirmation of the client´s order for goods” sent by e-mail to the customer or by delivery of the ordered goods to the client.
§ 2 Ordering by internet
The ordering operation consists of 4 steps altogether:
1. the selection of the needed goods
2. the input of the client-related data inclusive of the invoice address together with the delivery address – should the latter not be identical with the first
3. the selection of the mode of dispatch and the mode of payment
4. the checking of all the data and – if necessary – their correction or modification and then the sending of the order for goods by clicking the button “Bestellung abschließen” (= “end of the ordering operation”).
§ 3 Prices and conditions of payment
(1) All the prices are expressed in Euro. They are net prices and do not include the statutory turnover tax. Extra services – like for example schooling or installation - are not included in the prices.
(2) The ordered goods are dispatched by UPS. Unless otherwise agreed the costs which accrue for this (packing, loading, freight, postage, insurance expenses, customs duties) are added to the prices indicated. Unless otherwise agreed these are the estimated prices:
Germany Europe World
per camera 40,00 Euro 90,00 Euro 140,00 Euro
per monitor 250,00 Euro 700,00 Euro 1000,00 Euro
per lightning set 40,00 Euro 90,00 Euro 140,00 Euro
(3) Payment can be effected optionally by way of prepayment by credit transfer or by immediate transfer, by credit card, per invoice, per direct debiting, per COD or through paypal. We reserve, however, the right to exclude at our discretion in individual cases certain modes of payment .
(4) Invoices are payable immediately and, unless otherwise agreed, the invoiced amounts are to be transferred within 14 days into our bank account.
(5) A right to refuse performance until counter-performance is effected can only be enforced if it relates to a claim of the same contractual relationship.
(1) The ordered goods are dispatched within two days after reception of payment or – if “COD” or “per invoice” or “per direct debiting” was accepted - within two days after dispatch of the confirmation of the client´s order for goods.
(2) In consultation with the client an agreement can be reached which might differ from those stipulations laid down under § (1); this agreement, however, must be drawn up in written form.
(3) Place of performance is the place of business of Raytrix. The customer bears the costs and risks of accidental loss or accidental deterioration of the quality of the goods sold.
(1) The customer has to check immediately after reception of the goods ordered their respective compliance with regulations and has to give notice of obvious defects within two weeks after reception of the goods ordered. The provisions of § 377 HGB (=”Comercial Code”) remain in force.
(2) Negligible and minor discrepancies in colour, dimensions or in other features are not considered to be defects as defined by § 434 BGB.
(3) We cannot be hold responsible for damages which result from unsuitable or inexpert handling or installation, from failure to comply with instructions for use or for safety measures or which result from inexpert or careless treatment.
As long as not all the accounts receivable are paid the goods remain our property.
According to legislation the warranty liability expires after one year after the acquisition of new goods. Warranty is excluded for bought used goods.
(1) With the exception of the following cases claims for compensation brought forward by the customer are ruled out :
- damages to life, body or health
- damages done with specific intent or gross negligence
- essential contractual stipulations were violated or
- essential properties warranted are lacking.
(2) As essential contractual stipulations are regarded if their fulfillment is necessary for the achievement of the contract and if in their fulfillment the customer trusts and can trust.
(3) The provisions concerning liability according to the Product Liability Act which refer to unlawful actions as defined by § 823 BGB (=”Civil Code”) and to culpa in contrahendo or other failures to comply with one´s duty remain in force.
(4) The foregoing stipulations are also valid for vicarious agents and persons employed by the debtor in the performance of his obligations.
We sell batteries and accumulators and battery- and accumulator-driven equipment. This is why we point out to the following facts: neither batteries nor accumulators must be removed and put to the house-hold waste. Consumers are under legal obligation to transport batteries and accumulators to an appropriate collecting point. Batteries and accumulators may contain harmful substances which can cause damages to the environment or to health if inexpertly stored or removed. Batteries and accumulators contain - among others - raw materials (for example iron, zinc, manganese or nickel) which can be reused. Batteries and accumulators can be returned to us or given back free of charge (for example to trading firms or to municipal collecting points).
This picture representing a crossed-out rubbish bin means:
Neither batteries nor accumulators must be put to the household waste
The sign under the rubbish bin means:
Pb: battery contains lead
Cd: battery contains cadmium
Hg: battery contains mercury
The parties shall attempt in good faith to settle possible disputes amicably. In case no agreement is reached, the dispute shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce. The number of arbitrators shall be one; the seat of the arbitration shall be in Geneva; the arbitral proceedings shall be conducted in English and the applicable law shall be the law of the Canton of Geneva. The rendered award is final and binding on both parties.
Additional license conditions
The conditions laid down hereinafter are integral part of the General Terms and Conditions of Trade (AGB) of the company “Raytrix GmbH” and apply to the use of the software designed by “Raytrix GmbH”.
(1) The user has the right to copy the delivered program provided that the copy procedure is in each case necessary for the use of the program. Necessary copies are among others especially the installation of the program by transfer from the original data storage device to the mass storage system of the employed hardware as well as the loading of the program into the working storage.
(2) Furthermore the user is entitled to produce safety copies for archiving purposes. It is permitted to pass these safety copies on to third parties if the restrictions laid down in § 3 are respected.
(1) In the case of a functional disturbance of the dongle delivered with the rest of the order the user is entitled to optionally order from us an replacement dongle if he returns the damaged dongle to us - or alternatively he can ask for corrective maintenance of the dongle. If the damage occurred within the liability period for defects the corrective maintenance or the replacement delivery respectively are free of charge for the customer. If the functional disturbance occurs when the liability period for defects has already elapsed the customer has to pay a lump sum amounting to € 50.- plus delivery charges.
(2) In cases of theft or other losses of the dongle the customer is not entitled to a replacement delivery as described in paragraph 1.
(1) For an invariably limited period of time the user receives a simple, not exclusive right to use the software and the documentation referring to it.
(2) The user may apply the software to every hardware at his disposal. However if the user changes the hardware he has to delete the software from the mass storage of the software used up to that moment. A simultaneous reading-in, storage or use on more than just one hardware is inadmissible.
(3) The use of the software in optical procedures to determine speed fields in fluency mechanics (Particle Image Velocimetry (PIV)) is not allowed.
(1) The user has the right to resell or to give away once and for all the software and also the user´s manual and other backup materials to third parties – provided the acquiring third party declare that they will comply with the continuing in force of the contractual conditions laid down hereinbefore. If equipment is passed on to third parties the user has to hand over to the new user all the copies of the program or alternatively to destroy the copies he does not pass on. When the program was passed on the former owner´s rights to use the program come to an end.
(2) The user is not allowed to let the software, the user´s manual and other backup materials out on hire in order to yield profits. The user may lend the software - provided that the third party declare that they comply with the continuing in force of the contractual conditions laid down hereinbefore and that the user who lends the equipment hands over all the program copies including possibly existing safety copies or that he des-troys the copies he does not lend. During the temporary granting the right to use the software to third parties the user who gives up these rights is not entitled to use the program for his own purposes.
(3) The user must not permit the use of the software by third parties if there is strong suspicion that the third party will infringe upon the contractual stipulations – especially that they might produce unauthorized copies.
(1) The software – especially in the form of the source code, the documentation, the appearance, the name of the program, logos and other forms of representation of the software are protected by copyright. The designer holds all the rights deriving from this.
(2) Comments made by the author, serial numbers and other characteristic features must not be removed or modified. The same is valid for the removal of corresponding features from the screen display.
(1) The decompiling of the program code made available in other code forms (decompiling) as well as other forms of reverse engineering of the different production stages of the software is inadmissible. The information concerning the interfaces necessary for the engineering of the interoperability of an independently designed computer program can be bought from the author against a small fee. The address can be seen on the cover sheet of the user´s manual.
(2) The removal or the bypassing of the dongle-program routine are inadmissible. Only if the protection device of the dongle encroaches on the disturbance-free use of the program or even prevents it from working smoothly and the supplier is not willing or not in the position to clear the fault within a reasonable period of time in spite of a useful notification from the user in which the latter describes precisely the disturbances occurring the protective device of the dongle may be removed or bypassed so that the program remains workable. With regard to the negative effects and / or the prevention of undisturbed usability caused by the protective device of the dongle the burden of proof lies with the user. Special attention must be paid to the user´s duty to supply information according to § 7 paragraph 2 of these contractual terms.
(3) Other modifications of the program, especially modifications carried out in order to remove disturbances which do not depend on the dongle or which are carried out in order to extend the functional range of the program are admissible only under the condition that the author agrees in advance in writing.
(1) If the software is resold the user is under the obligation to notify the designer in writing of the buyer´s name and full address. The address can be seen on the front correction sheet of the user´s manual.
(2) If the user is allowed to remove the protective copy device or other protective means in harmony with the stipulations laid down in § 6 paragraph 2 of the present contractual license conditions he must notify the supplier in writing. This notice has to contain a description of the malfunction symptoms, of the supposed trouble source as well as a detailed description of the program modifications carried out which must all be as precise as possible.
The designer assures that the software was designed with due care and professional competence and that it agrees with the program description as far as its mode of operation is concerned. With the current state of the art it is not possible, however, to design a software which is completely free from defects.