Legal Notice & Website Use
Technical modifications and errors
We make every endeavour to keep the website of ad notam up to date in line with the latest developments. However, we reserve the right to introduce further developments of our products and to make technical modifications. Any such modifications, mistakes or presentation errors do not form grounds for any claim to compensation for damages.
Colors and materials
Colors, materials and surface finishes can only be reproduced as an approximation. The way in which they are portrayed here is consequently intended as a non-binding guideline only. Where possible, we provide reference sources, for example from the RAL table. On principle, we recommend referring to real rather than depicted color and material samples.
Despite taking every care to monitor the contents of this website, we are unable to accept liability for the content of external links. The content of linked sites is the exclusive responsibility of their respective operators.
Products and Services
The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or supply such products or services, and the seller or supplier may always accept or reject your offer at its sole discretion.
All products and services on this website are subject to availability and may be withdrawn without notice. All products and services and all prices are also subject to change without notice.
Terms and Conditions for individual Products and Services
These website terms should be read in conjunction with the separate terms and conditions for the sale or supply of the individual products or services which are referred to on this website. In the event of any inconsistency between these terms and the specific product or service terms and conditions, the latter shall prevail.
We cannot promise that this website will be uninterrupted or free of errors, bugs or viruses and we will not be liable if, for any reason, this website is unavailable at any time or for any computer virus or system freeze. Access may be suspended at any time without prior notice being given.
The copyright in the material contained in this website belongs to ad notam, an ad notam Group company or their licensors. No person may copy, modify, transmit, distribute, display, reproduce, publish, license or create works from any part of this material or otherwise use it for any public or commercial use without the prior express written permission of ad notam. You may only view or print individual pages for your own personal use.
The names, logos and images on this website are proprietary marks of ad notam and/or the relevant third parties herein. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of ad notam or any third party with respect to any such name, logo or image.
License (Other Intellectual Property Rights)
The products and services and technology or processes described in this website may be subject to other intellectual property rights reserved by ad notam or their licensors or any relevant third parties. No licence is granted in respect of such intellectual property rights.
We are pleased that you have visited our website and would like to thank you for your interest in our company and our products. We are concerned to ensure protection of your private sphere when using our website. We would therefore ask you to take note of the information below:
1. Collection, processing and utilization of personal data
While engaging our services you will possibly be requested to provide some personal information. Replying to those questions is voluntary. Any personal data you may provide will be recorded in accordance with the applicable legal regulations concerning the data protection and security. Any personal data collected shall exclusively be used for the limited purpose of processing your requests and contracts.
Your personal data shall be processed and used for the purpose of consulting, advertisement and market research only with your permission. Provided that the declaration of consent comprises the circulation of your data to other companies of our group of companies or to other third parties mentioned in the declaration of consent, your data may be passed on to them. Ohterwise there will be no transfer of your data.
This website uses so-called cookies which are used to make our internet presence an overall more user-friendly, effective and secure service – for example by accelerating navigation to our site. Cookies also enable us to measure the frequency with which pages are accessed and also the general navigation. Cookies are small text files which are stored on your computer system. We wish to inform you that some of these cookies are transferred from our server to your computer system, most of which are so-called "session cookies". "Session cookies" are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and permit us to recognize your computer during your next visit to our site (known as persistent cookies). These cookies can naturally be rejected at any time, if your browser so permits. Please note that certain functions of this website can possibly only be used with restrictions or not at all if your browser is set not to accept cookies (from our website).
3. Using Twitter plugins
Our internet presence includes so-called Twitter widgets and/or Twitter buttons (referred to in the following as "Twitter plugins") from the social network twitter.com (referred to in the following as "Twitter"). Twitter is a company of Twitter Inc. 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.
Every time a page of our website is accessed which features this type of Twitter plugin, the plugin causes your browser to load and display the visual depiction of the Twitter plugin from the Twitter server. By integrating the Twitter plugin, Twitter receives log data and places a cookie on your computer which identifies your browser. The log data includes your IP address, your browser type, the operating system, the previously accessed website, visited websites, your location, your mobile telephony provider, your mobile device, application IDs, search terms and cookie information.
Twitter uses this log data in order to provide services and to assess, adjust and improve them. In particular, the data can be used to tailor content on Twitter to your profile on the basis of visited websites with Twitter plugins. This takes place irrespective of whether you have a Twitter account or not. Under the internet address below, you can find data protection information from Twitter with more details on the collection and utilization of data by Twitter: http://twitter.com/privacy
4. Use of Facebook plugins
In our website, we have even integrated so-called plugins of the social network facebook.com (referred to here as "Facebook"). Facebook is a company of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The following internet address provides a list of these Facebook plugins and their appearance: http://developers.facebook.com/plugins
Every time a page of our website is accessed which features such a plugin, the plugin causes your browser to load and display the visual depiction of the plugin from the Facebook server. Integration of the plugin causes Facebook to receive the information that your browser has accessed the relevant page of our website, even if you do not have a Facebook user account or are currently not logged into Facebook. This information (including your IP address) is transferred directly by your browser to a Facebook server in the USA, where it is stored.
If you are a member of Facebook and are logged into Facebook while visiting our website, Facebook recognizes the information sent by the plugin about which page of our website you are currently visiting, and assigns this to your personal user account on Facebook, irrespective of whether or not you activate one of the plugins. If you now activate one of the plugins, for example by "liking" an entry or by adding a comment, this is transmitted to your personal user account on Facebook, where it is stored. To prevent Facebook assigning your user account data to Facebook, you must log out of Facebook before you visit our website. To block the collection and forwarding of your visitor data by Facebook plugins in the future, for some internet browsers you can obtain a browser add-on from "Facebook Blocker". Please do not delete the browser add-on as long as you wish to block the Facebook plugins: http://webgraph.com/resources/facebookblocker/
Under the internet address below, you will find data protection instructions from Facebook which provide more detailed information on the collection and utilization of data by Facebook, about your rights in relation to this and on the setting possibilities open to you to help you protect your private sphere: http://www.facebook.com/policy.php
5. Use of the Google "+1" button
On our website, we use the "+1" button of the social network Google+ (Google Plus) from Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043 USA, (called "Google" in the following).
Every time a page of our website is accessed which features a "+1" button, the "+1" button causes your browser to load and display the visual depiction of the "+1" button from the Google server. This communicates to the Google server which specific page of our website you are currently visiting. Google logs your browser progress when displaying a "+1" button for up to two weeks for system maintenance and troubleshooting purposes. No further-reaching evaluation of your visit to a page of our website with a "+1" button takes place.
If you actuate the "+1" button while you are logged into Google + (Google Plus), Google uses your Google profile to collect information about the URL you shared, your IP address and other browser-related information, to allow your "+1" share to be stored and made publicly accessible. Your "+1" shares can be superimposed in the form of information together with your profile name and photo in Google services, such as search results or your Google profile (in the form of a "+1" tab in your Google profile) or in other locations on websites and advertisements in the Internet. If you log out of your Google+ profile, the assignment of data to your Google+ profile is prevented.
Under the internet address below, you will find data protection instructions from Google about the "+1" button which provide more detailed information on the collection and utilization of data by Google, about your rights in relation to this and on the profile setting possibilities open to you: https://www.google.com/intl/de/+/policy/+1button.html
6. Your rights and making contact
You are entitled to receive free information regarding your stored data and if applicable you are entitled to demand correction, blocking or deletion of this data. If you have any further questions about the collection, processing or utilization of your personal data, please contact us. The same applies to information, blocking, deletion and correction requests in respect of your personal data, and to the revocation of granted consent. The contact address is located with our publisher information.
7. Google Analytics
Terms and conditions of sale
All our deliveries, services, offers and order confirmations are exclusively on the basis of these Business Conditions. This applies also to all future transactions with the customer, even when we do not specifically mention the applicability of these conditions. Any conditions of the customer that deviate from these terms are invalid. By accepting delivery of the Products you agree to be bound by and accept the terms and conditions. These terms and conditions are subject to change at any time in ad notam's sole discretion without prior written notice. If you do not wish to be bound by this Agreement, you must promptly notify ad notam. Products must remain in the boxes in which they were shipped and notify us immediately to arrange a product return.
YOU WILL BE RESPONSIBLE FOR SHIPPING & HANDLING CHARGES FOR THIS RETURN. ADDITIONAL RETURN OR RESTOCKING FEES MAY APPLY. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH ad notam OR OTHER ad notam TERMS AND CONDITIONS APPLY.
2. Conclusion of contract, general
2.1 Our offers are non-binding. In order to be valid, a contract between ad notam and the customer requires a written order confirmation from ad notam. The submission of an invoice has the effect of an order confirmation.
2.2 We reserve the right to change the construction and the shape of our products, insofar as this is reasonable since such changes will result in a technical or economic improvement.
2.3 We reserve all property rights and copyrights on drawings, plans and other documentation concerning our products. Without our express written permission, these may not be made accessible to third parties.
2.4 All offers and documentation that do not result in an order must be returned to us immediately.
3. Delivery times, delayed delivery
3.1 The delivery period – whether stated or agreed – for standard products from a valid price list commences only when all technical questions have been resolved, all documentation to be submitted by the customer (e.g. drawings, plans, releases, specifications) has been received and any other cooperation on the part of the customer has been given.
3.2 Delivery times are prolonged in a reasonable manner in the case of any operative disturbances beyond our control such as strikes, lock-outs, or delays in supplies. In such cases, after a reasonable period of extension, the customer is entitled to rescind the contract. In such a case, no claims for damages are permitted. If the operative disturbances beyond our control continue for longer than eight weeks, we have the right to rescind the contract, without being liable for any claims for damages.
3.3 If we are in default concerning delivery, we are liable, insofar the customer can prove his claim, to maximum of 0.5 % of the net price for each week of default, but up to a maximum of 5 % of the net price of the part of the delivery concerned. This liability limitation does not apply in cases of deliberate intent or gross negligence.
3.4 In response to our request, the customer must state, within a reasonable period, whether he wishes to rescind the contract, or whether he insists on delivery.
4. Delivery, Transfer of risk, Default of receipt
4.1 Partial deliveries are permitted insofar as acceptance can be reasonably expected from the customer.
4.2 Deliveries take place ex-works our nominated warehouse (EXW, Incoterms 2010).
4.3 Apart from cases of liability, any returned merchandise is accepted only as debt by speciality. If we take back merchandise on the grounds courtesy, we charge the costs of this and the costs of disposal as an overall sum of 10 % of the net invoice value.
4.4 In the case of delivery being refused, we are entitled to charge the customer a storage charge of 0.5 % of the gross price for each month or part of a month with a maximum of 5 % of the gross price. The parties reserve the right to prove higher or lower costs. This applies likewise in the case that the collection or delivery of the merchandise is delayed because of the wish of the customer. We reserve the right to prove additional damages for default of acceptance.
5.1 All prices stated include packaging costs. The prices stated in our prospectuses are non-binding reference prices, excluding VAT. You will be responsible for sales and all other taxes associated with the order.
5.2 Our prices are non-binding. They are calculated taking into account the costs of wages and materials and the general costs at the time the order is placed. If these costs should rise demonstrably within six weeks of the conclusion of the purchase/sale contract and the delivery, we shall be entitled to raise the prices in keeping, unless we are in default of delivery or the increase in costs was foreseeable at the time the contract was concluded.
5.3 Prices or price reductions given verbally require our written confirmation, unless such prices/reductions were given verbally by a Director or an authorised clerk.
5.4 In case of order cancellation we are entitled, to claim a cancellation fee. Such fee amounts to minimum 10% of the order value. If respective products or components for the products are already in stock, we are entitled to claim the full costs.
6.1 The customer has no right of retention of payment or of settlement of payment against counter claims, unless such are legally determined, recognised and undisputed, or unless a notice of defect has been submitted and the justification of this is undisputed.
6.2 We reserve the right to demand an advance payment or the lodging of security if we become aware of circumstances that reduce the creditworthiness of the customer. If the customer has made an incorrect statement concerning the facts that determine his creditworthiness, we are entitled to rescind the contract, unless the customer makes an immediate advance payment.
6.3 If the circumstances referred to under 6.2 occur, or in the case of default of payment on the part of the customer up to a sum of USD 5,000.00, we reserve the right the revoke all the payment terms offered and to declare all outstanding claims immediately payable.
6.4 Insofar as we grant any payment rebates, this is subject to our payment conditions being met in full. We reserve the right to settle any payment rebates against claims on future orders.
6.5 We are entitled to demand the lodging of security for orders, if the order cannot be insured by our trade credit insurance. If in any case a demanded security fails to appear, we have the right to allocate/ deduct other deposit payments which we may have received before for such security.
7. Retention of title
7.1 All merchandise delivered remains our property until all our claims ensuing from our entire commercial relations with the customer have been settled. The customer is authorised to sell, to connect or to install the merchandise within the normal course of business (reserved merchandise), but not to mortgage it or to give it in security. In the case of any deterioration of the financial situation of the customer, we reserve the right to prohibit the sale, connection or installation.
7.2 Any sale may take place only on the condition that the customer (retailer) reserves his right to the property until his customer has complied in full with his financial responsibilities with respect to the reserved merchandise (simple title retention). The customer surrenders in advance all monies accruing to him from the resale up to the sum of our claim.
7.3 The customer is entitled to collect the surrendered monies. This right to collect is revoked in the case of default of payment or in the case of a considerable worsening of the financial position of the customer. In such cases, we reserve the right to inform the final customer of the cession of the receivables and to collect these.
In order to assert our claim to the surrendered receivables, the customer must give the necessary information and must allow the verification of this information. In particular, the customer must submit on request a detailed list of his trade receivables with the name and address of the debtor, the amounts of the respective receivables, the invoice data etc. and, for verification, the customer must allow access to his offices.
7.4 If the reserved merchandise has been linked to a new item, or been mixed with another item by the customer, we will do this for the customer, but without any obligation. As a consequence of such linking or mixing, the customer does not acquire the ownership of the new item. In the case of linking or mixing with items that are not our property, we acquire co-ownership of the new item according to the invoice value of our reserved merchandise compared with the total value.
7.5 The customer is obliged to inform us without delay in case of any suspension of payments, any considerable worsening of his financial situation, or any attachment. The names and addresses of the creditors must be given. The customer shall pay all the costs incurred in order to reverse the seizure of the creditor and to reacquire the merchandise.
7.6 If the customer is in default of payment for a considerable partial sum or if there is a considerable worsening of his financial position, in particular if insolvency procedures have been initiated concerning his property, we reserve the right to demand restitution of the reserved merchandise. The demand for restitution signifies a rescission of the contract. In such a case, it is not necessary to set time limit for the restitution. Also in the case of a rescission of the contract, we reserve the right to claim damages.
7.7 The customer stores the reserved merchandise for us free of charge, he is not entitled to claim any right to warehouseman’s lien. He is obliged to insure the merchandise adequately for normal risks, such as fire, theft and water damage, as well as for transport damage. He herewith cedes to us any claims to damages against third parties that accrue to him following any such incidents up to the sum of the invoice value of the merchandise.
8.1 There can be no warranty claims on the grounds of insignificant defects.
8.2 The customer must check the delivered merchandise immediately and must inform us without delay of any obvious defects in matter and in number, at the very latest 14 days after the transfer of risk. Also in the case of defects that are not obvious, a notice of defect must be given without delay after the defect has been discovered, at the very latest within seven days. The time limits on notices of defect apply equally to direct deliveries to third parties indicated by the customer. Also in such cases, the customer must ensure that a timely notice of defect is given.
8.3 In respect of a warranty we have, at our discretion, the right and duty to choose between a free-of-charge repair within a reasonable period, up to three times, or to deliver a new item, insofar as the defect has occurred within the statutory period of limitation and a notice of defect has been submitted after discovery without delay, subject to the cause of the defect having occurred before the transfer of risk. In such a case, the burden of proof rests with the customer. If the repair does not succeed, the customer is entitled to rescind the contract, without prejudice to claims to damages according the stipulations under 9, or to a reduction in the remuneration.
8.4 Claims in respect of defects lapse after a period of one year. This does not apply insofar as the Law prescribes a longer period of limitation, or in cases of injury to life and health in the case of intention or gross negligence on our part or in the case of a willfully deceptive concealment of a defect. This is without prejudice to the legal regulations concerning time limit restraints, other restraints or the imposition of new time limits.
8.5 Customers are not entitled to any claims based on the costs incurred in any repair work; in particular the costs for transport, mileage and labor costs are excluded, insofar as the costs are higher because the merchandise has been transported to a location other than the premises of the customer.
8.6 Claims of recourse against us exist only insofar as the customer has not made agreements with his own customer that exceed the legal claims in respect of defects. Furthermore, the stipulation under 8.4 applies likewise to the size of the recourse claim of the customers.
8.7 For compensation claims, see the stipulations under 9. The customer is not entitled to any guarantee claim exceeding what is stated in the stipulations under 8 and 9.
8.8 If a notice of defect submitted by the customer is culpably wrong, we reserve the right to claim restitution of all costs we might have incurred and compensation for all damages we might have suffered.
To the fullest extent permitted by law, you will indemnify, defend and hold ad notam, including ad notam's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action, debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: (a) your modification(s) of and/or addition(s) to Product(s); (b) your breach of this Agreement, (c) your omissions, misrepresentations, or negligence, and (d) the Products sold by you damage a third party to the extent such claim is based on (i) your modification of and/or addition to the Products, misuse or abuse of the Products, negligence or breach of any provision in this Agreement; (ii) your failure to abide by all applicable laws, rules, regulations and orders that affect the Products; (iii) your omission, misrepresentation, or negligence, or (iv) you or your end-users cause intentional harm to any person or property. Indemnified claims, debts and liabilities include the amount of any discount in price or concession that is made available by ad notam to you.
9.1 No claims for indemnification in respect of damages and costs of the customers (indemnification claims) are permitted for any reason whatsoever, in particular not on the grounds of breach of duty concerning the contractual obligations or of unlawful acts.
9.2 The exclusion of liability referred to under 9.1 is not valid if we are nevertheless liable according to law, in cases of intent, gross negligence, because of injury to life or health, or in the case of breach of important contractual obligations. Contractual duties are considered to be important, primarily when their fulfilment makes possible the proper execution of the contract and the customer may trust in their regular fulfilment. However, in the case of breach of important contractual obligations we are liable only for the contractual, foreseeable claims, unless there is a question of deliberate intent, gross negligence or injury to life or health. These rules do not imply a modification to the burden of proof to the disadvantage of the customer.
9.3 Claims for damages due to material deficiencies (under 8) expire in accordance with the stipulation under 8.4.
10. Limitation of Liability
Ad notam does not accept liability beyond the remedies set forth herein, including but not limited to any liability for products not being available for use or for lost or corrupted data or software, lost profits, loss of business, your breach of this agreement or the provision of services and support. Ad notam will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Notwithstanding anything in this agreement or on our web site to the contrary, ad notam is not responsible for information you provide to us unless you have a separate written agreement otherwise. You agree that for any liability arising from or related to the purchase of any products, ad notam is not liable or responsible for any amount of damages above the aggregate dollar amount invoiced by ad notam for the respective products. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.
11. Dispute Resolution
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against ad notam, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "ad notam") arising out of or relating to this Agreement, ad notam's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. The Arbitration will be conducted before three (3) independent and impartial arbitrators. ad notam will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in New York, NY and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the Southern District of New York would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
12. Independent Contractors
No provision of this Agreement will or shall be deemed to create a partnership, joint venture or other combination between ad notam and you. You and ad notam are independent contractors. Neither party will make any warranties or representations or assume any obligations on the other party's behalf. Neither party is nor will claim to be a legal representative, partner, franchisee, agent or employee of the other party. Each party is responsible for the amounts it incurs arising from this Agreement and for the direction and compensation, and is liable for the actions of, its employees and subcontractors.
13. Govering Law
The parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between customer and ad notam arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, ad notam's advertising, or any related purchase shall be governed by the laws of the state of new york, without regard to conflicts of laws rules.
You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations. Further, under U.S. law, the goods shipped pursuant to this Agreement may not be sold, leased or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including without limitation, activities related to the design, development, production or use of nuclear weapons, materials, or facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of ad notam. ad notam has not tested Products for use in high-risk activities including but not limited to any life sustaining, chemical, or mission critical use.
AD NOTAM WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party's reasonable control.