„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.

 

  • § 4 Terms and conditions of delivery

 

(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.

 

  • § 5 Requirement to give notice of defect

 

(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.

 

  • § 6 Reservation of property rights

 

As long as not all the accounts receivable are paid the goods remain our property.

 

  • § 7 Warranty

 

According to legislation the warranty liability ex­pi­res after one year after the acquisition of new goods. Warranty is excluded for bought used goods.

 

  • § 8 Liability

 

 

(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.

 

  • § 9 Instructions according to the Battery Act

 

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).

tl_files/raytrix/mt.png

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

 

  • § 10 Applicable legislation and place of jurisdiction

 

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 Copy rights

 

(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.

 

  • § 2 Replacement dongle

 

(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.

 

  • § 3 Right to use

 

(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.

 

  • § 4 Resale and reletting

(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.

 

  • § 5 Copyright

(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.

 

 

  • § 6 Decompilation and program modifications

 

(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.

 

 

  • § 7 The duty to supply information

 

(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.

 

  • § 8 Defects

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.