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III. Special data protection information

Information on individual data processing within the scope of our offer can be found hier.

IV. Individual information for this website

Detailed information on the individual cookies on our website can be found in our Cookie Policy. There you can also change your cookie settings as well as subsequently reject cookies that are not necessary.

Modules with special information

In the following, we provide you with extensive information about the services and technologies we use, in addition to our Cookie Policy.

 

Cloudflare

On our website Cloudflare is used as a so-called content delivery network (CDN). Cloudflare is a service of Cloudflare Inc., 101 Townsend Street, San Francisco, California 94107, USA, ("Cloudflare"). 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

A CDN is a service that helps us to provide content from our website, especially large media files, such as images, by using regional and Internet-connected servers to be delivered faster. Delivering content through servers near you reduces average website load times.

Cloudflare contributes both web optimization and security services. Cloudflare blocks threats and limits misuse of server resources and bandwidth. Our website is significantly more powerful and less vulnerable to spam or other attacks thanks to Cloudflare.

Cloudflare uses cookies and processes data of our website users.

If you visit our website, your requests will be directed by the server of Cloudflare. In this case, statistical access data is collected when visiting our website. 

Access data includes:

- your IP address,
- the addresse(s) of our website you have visited,
- type and version of the internet browser you are using,
- the operating system you are using,
- the website from which you have switched to our website (referrer URL),
- the time of your stay on our website and
- the frequency of calling our websites.

This data helps Cloudflare in particular to detect new threats and to ensure a high security standard for the operation of our website.

Your data is processed to maintain the security and functionality of the CDN and to optimize our loading times. The use of cookies by Cloudflare is done for security reasons to ensure the trustworthiness of an end device and is absolutely necessary for the security function. This represents a legitimate interest within the meaning of Art 6 paragraph 1 lit. f GDPR.

Cloudflare keeps data logs only as long as necessary and this data is deleted within 24 hours in most cases. However, there is information that Cloudflare keeps indefinitely as part of its permanent logs in order to improve Cloudflare's overall performance. However, this data is not personal and is anonymized by Cloudflare. What data is involved can be found at https://www.cloudflare.com/application/privacypolicy/.

For more information on handling the transferred data to Cloudflare, see Cloudflare's Privacy Policy: https://www.cloudflare.com/security-policy.

Facebook-Pixel

We use the Facebook-Pixel provided by the social network Facebook on our website for purposes of analysis and optimisation and for the commercial operation of our website. This tool is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (‘Facebook’).

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

Facebook-Pixel makes it possible for Facebook to identify visitors of our website as target groups for displaying ads (‘Facebook ads’). Therefore, we use Facebook-Pixel to display our Facebook ads only to Facebook users who have shown interest in our online product offering, or who show certain characteristics (e.g. interests in specific topics or products that are determined based on the websites they have visited), which we share with Facebook (i.e. ‘custom audiences’). By using Facebook-Pixel, we also want to ensure that our Facebook ads match the potential interests of users and do not cause any inconvenience. Furthermore, by using Facebook-Pixel, we can evaluate the effectiveness of Facebook ads for statistical and market research purposes by seeing whether the user was redirected to our website after clicking on a Facebook ad (i.e. ‘conversion’).

Your actions are stored in one or more cookies. These cookies enable Facebook to match your user data (such as IP address, user ID) with the data of your Facebook account. The collected data is anonymous and not visible to us and can only be used in the context of advertisements. You can prevent the linking with your Facebook account by logging out before you take any action.

The processing of your data is based on your consent within the meaning of Art 6 paragraph 1 lit. a GDPR. You can revoke this consent at any time with effect for the future.

Further information on how Facebook processes personal data, including the legal basis on which Facebook relies and the possibilities for exercising the rights of data subjects vis-à-vis Facebook, can be found in the Facebook Data Policy at https://www.facebook.com/policy.php

If you want to control what kind of adverts are displayed to you on Facebook, you can go to the page Facebook has set up for this purpose and follow the instructions on configuring user-targeted adverts:  https://www.facebook.com/settings?tab=ads 

The settings chosen will be applied across all platforms, meaning that they will apply to all devices from your desktop to mobile.

Facebook processes data in accordance with its privacy policy. For general information about the presentation of Facebook ads, refer to: https://www.facebook.com/policy.php 

You can find more specific, detailed information about Facebook-Pixel and how it works on Facebook’s Help pages: https://en-gb.facebook.com/business/help/742478679120153?id=1205376682832142

Google Analytics

We use the functions of the web analytics service Google Analytics on our website to analyse user behaviour and to optimise our website. The provider of this service is Google Ireland Limited, Barrow Street, Dublin 4, Ireland ("Google"). 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

Google Analytics uses cookies that enable an analysis of the use of our website.

In general, information about your use of the website is transferred to a Google server and stored there, such as the type and version of browser you used, the operating system you used, the site you visited prior to accessing our site, the host name of the computer (IP address) you used to access the site, and the time of your server request. For this purpose, we have entered into a contract with Google for contractual processing of your data in accordance with Art. 28 of the GDPR.

At our request, Google will use this information to analyse the use of our website, to create reports on the activities within our website and to render additional services related to the use of our website and of the internet. According to Google, the IP address submitted by your browser will not be added to other data held by Google. 

We use Google Analytics only with IP anonymisation activated, which means we have expanded this website to include the code ‘anonymizeIP’. This ensures that your IP address is masked, so that all data is collected anonymously. Only under exceptional circumstances will a full IP address be transmitted to a Google server and truncated there.

During the website visit, the following data is collected:

  • the pages you call up, your "click path"
  • Achievement of "website goals" (conversions, e.g. newsletter registrations, downloads, purchases)
  • Your user behavior (for example clicks, duration of stay, bounce rates)
  • Your approximate location (region)
  • Your IP address (in shortened form)
  • technical information about your browser and the end devices you use (e.g. language settings, screen resolution)
  • Your internet provider
  • the referrer URL (via which website / via which advertising medium you came to our website)

The data about the use of our website is immediately deleted after expiration of the storage limits that we have set. Google Analytics gives us the following options for the storage limits: 14 months, 26 months, 38 months, 50 months or no automatic deletion. You can ask us any time for the current storage limit that we have set.

The processing of your data using Google Analytics is subject to your explicit consent in the sense of Art 6 paragraph 1 lit. a of the GDPR. You can revoke your consent at any time with effect for the future.

You can also block the collection of data by downloading and installing the browser plugin available through the link below: http://tools.google.com/dlpage/gaoptout

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/ 

For more information about how Google uses your data, and about options for settings and withdrawal of consent, refer to the Google Privacy Policy at https://policies.google.com/privacy

The data processing terms and conditions for Google products and the standard contractual clauses for data transfers to third countries can be found at https://business.safety.google/adsprocessorterms/

Google Fonts

To display fonts consistently, our website uses Web Fonts which are provided by Google. Google Fonts is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

To display web fonts, the web browser you use must connect with a Google server. This informs Google that our website is being accessed via your IP address. The IP address from the browser of the device you are using to access our site is also stored by Google. If your browser does not support Web Fonts, your device will display the site using a standard font type. With each Google Font request, your IP address is automatically transferred to a Google server along with information such as your language preferences, display resolution, version and name of your browser. The usage data collected by Google enables them to determine the popularity of specific font types. Google publishes these findings on internal analytics sites (e.g. Google Analytics).

Google Fonts enables us to use fonts on our own website without uploading them to our server. Google Fonts is an important building block for maintaining the high quality of our website. All Google fonts are automatically optimised for the web. This reduces the data volume and is particularly advantageous for use on mobile devices. When you visit our site, the low file size allows for quicker loading times. Furthermore, Google Fonts are secure Web Fonts that support all major browsers.  

The processing of your data therefore takes place on the basis of our legitimate interest in maintaining a consistent, attractive presentation for our website.  This is a legitimate interest under Art. 6 paragraph 1 lit. f of the GDPR.

Google stores requests for CSS assets for one day on its servers. This enables us to use the fonts with the support of a Google style sheet. The font files are stored by Google for one year. To delete data prematurely, you must contact Google Support (https://support.google.com).

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/

For more information about Google Fonts, refer to https://developers.google.com/fonts/faq and the Google Privacy Policy: https://policies.google.com/privacy

The data processing terms and conditions for Google products and the standard contractual clauses for data transfers to third countries can be found at https://business.safety.google/adsprocessorterms/

Google Maps

We embed the service Google Maps on our website to make it easier to read the user’s geographical information, particularly so that we can display our location and provide you with route directions. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

Google Maps is an online map service that makes geographical information more readable for you as a user via your device. Among other things, directions are displayed or map sections of a location can be integrated into a website. 

When Google Maps is started, your browser establishes a connection to Google's servers. This enables Google to know that our website has been accessed via your IP address. The use of Google Maps enables Google to collect and process data on the use of the service.

In addition to your IP address, Google Maps processes search terms entered and latitude and longitude coordinates for the provision of this service. If you use the route planner function of Google Maps, the starting address entered will also be stored. This data processing takes place exclusively through your voluntary use of Google Maps and is not within our sphere of influence.

We would like to point out that a setting cookie called "NID" is set by Google for this service. Google Maps does not currently offer us the option of operating this service in a mode without this cookie. The NID cookie contains a unique ID that Google uses to store your preferred settings and other information, such as your preferred language.

Google anonymises data in server logs by deleting part of the IP address and cookie information after 9 and 18 months respectively.

Location and activity data are stored for either 3 or 18 months - depending on your decision - and then deleted. You can also manually clear history at any time via your Google Account. If you want to completely prevent your location tracking, you will need to turn off the "web and app activity" section in your Google Account.

For further information, refer to the Google Privacy Policy:  https://www.google.com/policies/privacy/

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/

The data processing terms and conditions for Google products and the standard contractual clauses for data transfers to third countries can be found at https://business.safety.google/adsprocessorterms/

Google Marketing Platform / Google Ad Manager (former Doubleclick)

We use the service Google Marketing Platform / Google Ad Manager provided by Google on our website for purposes of analysis and optimisation and for the commercial operation of our website. This tool is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

This service works by means of a pseudonymous identification number (pID), which is received by and assigned to your browser. This pID enables the service to detect which ads have already been displayed to you and which have been accessed. 

This data is used to display ads throughout a website be enabling Google to identify which pages you have visited. The information collected is transferred to a Google server in the USA and stored there for analysis. Google is only allowed to transfer data to third parties in accordance with legal regulations or in the context of contractual data processing. Under no means is Google permitted to add your data to other data that it has collected. 

The processing of your data is subject to your consent in the sense of  Art 6 paragraph 1 lit. a of the GDPR. You can withdraw this consent at any time, with effect for the future.

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/

For more information about how Google uses your data, and about options for settings and withdrawal of consent, refer to the Google Privacy Policy at https://policies.google.com/technologies/ads as well as the settings for Google ad display under https://adssettings.google.com/authenticated

Data processing conditions for Google advertising products: Information on services Data processing conditions between data controllers and standard contractual clauses for third country transfers of data: https://business.safety.google/adscontrollerterms

Google reCAPTCHA

Our website uses the reCAPTCHA service of the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") to protect against abuse by non-human visitors (bots) and to prevent spam.

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

When reCAPTCHA is started, your browser establishes a connection to Google's servers. This enables Google to know that our website has been accessed via your IP address.

The purpose of reCAPTCHA is to check whether the data entry on our website is made by a human or by an automated programme. To do this, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters our website. For the analysis, reCAPTCHA evaluates various information.

According to our information, the following data is processed by Google:

  • the address of the page from which the visitor comes
  • IP address
  • Information about the operating system
  • Cookies
  • Mouse and keyboard behavior
  • Date and language settings
  • All Java-Script Objects
  • Screen resolution

The data collected during the analysis is forwarded to Google and used by Google. The reCAPTCHA analyses run completely in the background. 

Cookies are used for the execution of the service. These cookies require a unique identifier for tracking purposes. According to Google, the IP address is not merged with other data from other Google services unless you are logged into your Google account while using the reCAPTCHA plug-in. Furthermore, reCAPTCHA also uses the local storage on the user's end device to store data.

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/

Further information on Google reCAPTCHA can be found here: https://developers.google.com/recaptcha/

For Google's privacy policy, please see the following link: https://policies.google.com/privacy

Google Tag Manager

We use the service Google Tag Manager on our website. This service is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").

ATTENTION: Within the scope of this service, data transfer to the USA takes place or cannot be ruled out. 

When the Tag Manager is started, your browser establishes a connection to Google's servers. This informs Google that our website has been accessed via your IP address.

Google Tag Manager is used to manage website tags via an interface. This enables us to embed code snippets such as tracking codes or conversion pixels into our website without interfering with the source code. In this process, Tag Manager data is only transferred; it is not collected or stored. The Tag Manager itself is a cookie-less domain and does not process any personal data, because it is used solely to manage other services used on our website. The Tag Manager triggers other tags which in turn collect data under specific circumstances. However, the Tag Manager has no access to this data. If you have chosen to deactivate cookies on our site in general or to deactivate specific cookies, this will remain in effect for all tracking tags that are implemented using the Tag Manager.

You can find out exactly where Google data centres are located here: https://www.google.com/about/datacenters/inside/locations/

For more information about data protection, refer to the following Google websites:

Privacy Policy: https://policies.google.com/privacy
FAQ Google Tag Manager: https://www.google.com/intl/de/tagmanager/faq.html
Use Policy Google Tag Manager: https://marketingplatform.google.com/intl/de/about/analytics/tag-manager/use-policy/
Google Ads Data Processing Terms including standard contractual clauses for third country transfers: https://business.safety.google/adsprocessorterms/

Hosting

In the process of hosting our website, we store all data related to the operation of our website. This is necessary for enabling operation of our website. Therefore, we process this data on the legal grounds of our legitimate interest in optimising our website as described under Art. 6 paragraph 1 lit. f of the GDPR. To provide access to our website, we use the services of web hosting providers, to whom we supply the aforementioned data within the context of contractual processing in accordance with art. 28 of the GDPR.

Hotjar

Our website uses the service Hotjar. Hotjar is a web analytics service provided by Hotjar Ltd., Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta (‘Hotjar’). 

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. 

The processing of your data is subject to your consent in accordance with Art. 6 paragraph 1 lit. a GDPR. You can withdraw this consent at any time, with effect for the future. 

Hotjar provides further information about its data protection policy at https://www.hotjar.com/privacy.

Contact

Whenever you contact us, your information is used to process and handle your contact request in the course of fulfilling pre-contractual rights and obligations in accordance with Art. 6 paragraph 1 lit. b of the GDPR. To handle and answer your request it is necessary for us to process your data; otherwise we are unable to answer your request or only able to partially answer it. Your information can be stored in a database of customers and leads on the grounds of our legitimate interest in direct marketing as described in Art. 6 paragraph 1 lit. f of the GDPR.

We delete your request and contact information when your request has been definitively answered and there is no legally required time limit for storing this data prior to deletion (e.g. pursuant to a subsequent contractual relationship). This is usually the case when there is no further contact with you for three years in a row.

 

LinkedIn Conversion Tracking (Marketing)

Our website uses LinkedIn conversion tracking, a web analysis service of the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA. 

ATTENTION: Within the scope of this service, data is transferred to the US or such a transfer cannot be excluded.

The information collected by the LinkedIn insight tag about your usage of our website is encrypted. 

The processing of your data is based on your consent in accordance with Art 6 paragraph 1 lit a GDPR. You can revoke your consent for the future at any time.

LinkedIn members also can opt out of LinkedIn conversion tracking and block/delete cookies at https://www.linkedin.com/psettings/advertising/ , as well as disable demographic features. There is no separate opt-out option for third-party impressions or click tracking for campaigns that run on LinkedIn in LinkedIn settings, since all underlying campaigns respect LinkedIn member settings.

We use LinkedIn conversion tracking to analyse the usage of our website and to continually improve the web site. We can improve the experience we offer and make it more interesting for you as a user by using the statistics that are collected. 

Additional third-party information: LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA;

http://www.linkedin.com/legal/privacy-policy https://www.linkedin.com/help/lms/answer/85787 https://www.linkedin.com/help/linkedin/answer/87150/linkedin-marketinglosungen-und-die-datenschutz-grundverordnung-dsgvo-?lang=en

Server Log Files

For technical reasons, particularly to ensure a functioning and secure website, we process the technically necessary data about accesses to our website in so-called server log files which your browser automatically sends to us. 

The access data we process includes:

  • The name of the website you are accessing  
  • The browser type (including version) you use
  • The operating system you use
  • The site you visited before  accessing our site (referrer URL)
  • The time of your server request
  • The amount of data transferred
  • The host name of computer (IP address) you are using to access the site

This data cannot be traced back to any natural person and is used solely to perform statistical analyses and to operate and improve our website while also optimising our site and keeping it secure. This data is sent exclusively to our website operator. The data is neither connected nor aggregated with other data sources. In case of suspicion of unlawful use of our website, we reserve the right to examine the data retroactively. This data processing takes place on the legal grounds of our legitimate interest in maintaining a technically fault-free and optimal website, as described under Art. 6 paragraph 1 lit. f of the GDPR.

The access data is deleted within a short period of time after serving its purpose (usually within a few days) unless further storage is required for evidence purposes. In such cases, the data is stored until the incident is definitively resolved.

SSL Encryption

Within your visit to our website, we use the widespread SSL procedure (Secure Socket Layer) in conjunction with the highest level of encryption supported by your browser. You can tell whether an individual page of our website is transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser. We use this encryption procedure on the basis of our justified interest in the use of suitable encryption techniques in accordance with Art. 6 paragraph 1 lit. f GDPR.

We also make use of suitable technical and organisational security measures in accordance with Art. 32 GDPR to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments and kept state-of-the-art.

 

Contact details

Fronius International GmbH
Fronius Strasse 5
4642 Sattledt
Austria

dataprotection@fronius.com

Data Protection Authority

Österreichische Datenschutzbehörde
Barichgasse 40-42, 1030 Wien, Österreich
Phone: +43 1 52 152-0, dsb@dsb.gv.at

Sattledt,  6. December 2021


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General terms and conditions

1. Applicability

1.1 All deliveries and other services effected by ourselves, and all payments made to us, shall be exclusively governed by these Terms of Delivery and Payment. Insofar as applicable provisions may be found to be missing therefrom, the General Terms of Delivery of the Austrian Electrical and Electronic Industries shall apply in a subsidiary manner; in all other regards, Austrian laws and regulations shall apply. If any business terms of the Ordering Party’s are at variance with these General Terms of Delivery and Payment, we shall only be bound by such divergent terms if we have expressly recognised the same by letter or by telefax.

1.2 In taking delivery of the goods and/or service, the Ordering Party acknowledges the exclusive applicability of our Terms of Delivery and Payment.

2. Offers

2.1 Our offers are without engagement and subject to alteration, unless the offer makes express mention of a period of engagement. Documents pertaining to our offers – such as drawings, illustrations, samples and patterns, and dimensional, weight, performance and consumption data – contain or themselves constitute only approximate data and are not deemed to be specially agreed characteristics unless otherwise provided. We retain the right to effect modifications for engineering reasons.

2.2 We reserve the proprietary rights and copyright to all cost estimates, drawings and other documents; these may neither be disclosed to any third party nor used for the purposes of any third party.

3. Acceptance of the order; supplementary agreements

Acceptance of an order, and any undertakings or supplementary agreements made by our employees, as well as amendments and alterations of any kind, shall not be binding upon us until we have issued written confirmation by letter, telefax or e-mail.

4. Price and payment conditions; offsetting

4.1 Prices are always the list prices valid on the date of delivery. They are ex-works prices (EXW), exclusive of packaging, insurance, loading at the factory and value-added tax; the packaging will not be taken back.

4.2 Payments are to be made net cash, without any deduction and free of charges, within 30 days of the invoice date. It shall be for us to decide which claims or partial claims of the Ordering Party’s may be offset against such payments.

4.3 If any changes in order execution are necessitated by circumstances where risk is borne by the Ordering Party, then this latter shall bear all additional costs thereby incurred.

4.4 If the payment period is exceeded, we shall be entitled to charge default interest at a rate of ten percentage points above the applicable base rate announced by the Austrian National Bank, plus the collection costs, such amounts to total at least 12% p.a. of the overall claim. This is without prejudice to any further consequences of default in payment.

4.5 It is inadmissible for the Ordering Party to withhold payments or to offset these against counter-claims which are contested by ourselves.

4.6 Where the Ordering Party holds claims against ourselves, we are entitled to offset these against our own claims against the Ordering Party, at any time.

4.7 For services performed under contracts for work and materials (installation, repairs, maintenance and other such work), we shall charge the hourly rates and materials-prices applicable at the time of completion, plus our applicable surcharges for any overtime, night-time, Sunday and public-holiday working; travel and waiting times are counted as working hours. Travel expenses and daily and overnight allowances will be invoiced separately.

5. Performance, shipping and default

5.1 The delivery period commences with the mailing of the order confirmation note, while the performance period for installation, maintenance or repair work commences when the equipment is handed over. On no account, however, shall the delivery or performance period start to elapse sooner than 14 days after the time when the Ordering Party has furnished us with the documents (e.g. engineering drawings, plans etc), permits or approvals which it is responsible for procuring, or when it has made the agreed pre-payment. The delivery or performance deadline is deemed to have been met if we have notified the Ordering Party prior to such deadline of our readiness to deliver or perform; in cases where a special agreement obliges us to dispatch or deliver, the delivery or performance deadline shall be deemed to have been met if the object of delivery or performance has left our factory prior to such deadline.

5.2 Delivery or performance periods are extended for the duration of any unforeseen impediments lying outside our sphere of influence, such as stoppages, major personnel outages, unlawful strikes, delays in supplies of essential raw materials or components or the like, as well as by circumstances where risk is borne by the Ordering Party, to the extent that these impediments and/or circumstances are of material relevance to the failure to meet the deadline. Impediments and/or circumstances of this nature also annul the consequences of a default for which we would otherwise be liable, for the duration of such impediments; any contractual penalty obligations which may have been agreed for specific instances shall entirely cease to apply. Immediate notification is to be given of the beginning and end of such impediments. We are entitled to terminate the contract, in whole or in part, if such impediments should occur. In this case, unless the Ordering Party proves gross negligence on our part, damages claims from the Ordering Party shall be inadmissible.

5.3 If agreed delivery or performance deadlines, or deadlines that have been extended in accordance with 5.2 above, are exceeded by more than four weeks, the Ordering Party shall be entitled to terminate the contract, having granted us at least 14 days’ extra time by notice given to us in a registered letter. Unless the Ordering Party proves gross negligence on our part, damages claims from the Ordering Party shall be inadmissible in this case.

5.4 If the Ordering Party incurs a loss from a delay for which we are liable, then it shall be entitled to compensation amounting to 0.5% per whole week - up to a maximum of 5% - of the value of that part of the delivery which cannot be used in time or for its intended purpose as a result of the delay. For other services, the compensation shall be 5% of the remuneration. Any damages claims going beyond the above shall be inadmissible, as shall claims for damages in consequence of delays on the part of our suppliers, unless gross negligence is proven on our part.

5.5 In cases where we have undertaken to effect shipping, the mode and route of shipping shall be for us to decide. Goods are always shipped at the Ordering Party’s risk and expense. We shall only be liable for damage if gross negligence is proven on our part. We shall only take out transport / breakage insurance by order and for the account of the Ordering Party.

5.6 We are entitled to effect part-deliveries.

5.7 Our compliance with the delivery period shall be contingent upon the Ordering Party having fulfilled its contractual obligations in all pending, still-to-be-completed business transactions.

5.8 If shipping is delayed due to circumstances where risk is borne by the Ordering Party, then this latter shall bear all resulting additional costs, such as those for storage at our factory, but with a minimum monthly charge of 0.5% of the invoice amount. In such a case we shall also be entitled to grant the Ordering Party a grace period of at most 14 days, and if this period should expire to no avail, we shall then be entitled, at our own discretion, either to make alternative arrangements regarding the article(s) to be delivered and to effect delivery to the Ordering Party within a suitably extended period of time, or to terminate the contract and claim damages for breach of contract. In this latter case, we are entitled, without having to furnish any particular proof, to require 10% of the remuneration for the intended delivery as indemnification. Where appropriately substantiated, we can also claim compensation for any damage over and above this amount.

5.9 In the case of goods ordered on call, or ordered for production with no shipping instructions, delivery must be taken within three months. If this time limit elapses unused, then 5.8 shall apply analogously.

5.10 For services performed under contracts for work and materials (4.7), the Ordering Party is to provide us with the necessary equipment and auxiliary materials (e.g. winches, rails, electricity etc.) in good time and at no charge, even if installation is included in the price (4.1) or if a flat-rate price has been agreed for this. Any works needing to be carried out by the Ordering Party preparatory to installation, e.g. building work, must be completed prior to the arrival of our installation technicians. Furthermore, the Ordering Party must take all safety precautions needed for the protection of persons and property. We shall not accept liability for the ancillary personnel, equipment and auxiliary materials which may be placed at our disposal unless gross negligence is proven on our part.

6. Passage of risk

6.1 Risk shall pass to the Ordering Party as soon as the articles to be delivered, or the articles on which we have performed maintenance, repair or other work, have left our factory. The same shall also apply to part-deliveries or in cases where we have undertaken to bear the shipping charges or to perform delivery, setting-up, assembly, installation or other similar services. If the maintenance, repair or other work is carried out in the domain of the Ordering Party, then risk shall pass to this latter as soon as it has received notification that the work in question has been completed.

6.2 If there is any delay in dispatching or delivering the shipment for reasons for which we are not liable, the risk shall pass to the Ordering Party as soon as it has been notified that the consignment is ready for delivery.

7. Retention of title; rescission

7.1 We shall retain title to the article(s) delivered until our purchase-price claims, and all other claims that we have – on whatever legal grounds – against the Ordering Party, have been settled in full.

7.2 The Ordering Party is only permitted to re-sell the article delivered – even if this has been joined to other items or subjected to processing – in the course of its company’s regular business operations. However, this permission is precluded if the resulting claims are assigned to third parties or are the subject of an assignment prohibition, or if the Ordering Party is insolvent or in default with the performance of its contractual obligations. No other manner of disposition whatever is permitted to the Ordering Party. In the event of distrainment, confiscation or other disposition by third parties, the Ordering Party is to notify us hereof immediately. Our legal expenses incurred in connection with the enforcement of our title are to be borne by the Ordering Party.

7.3 The Ordering Party assigns to us even now its claims and other rights from the re-sale, rental or leasing of the article delivered, even if this latter has been joined together with other items or subjected to processing; the Ordering Party shall make an entry to this effect in its books. If the article delivered is sold or placed into the hands of a third party for such party’s use together with other items (regardless of whether or not it has been joined to any such items or subjected to processing), then the receivables claim shall only be assigned up to the amount of the purchase price owed to ourselves. This is without prejudice to any further damages claims.

7.4 The Ordering Party is only entitled to collect the claims and to assert the other rights to the extent that it has met its payment obligations towards us and is not insolvent.7.5 If the Ordering Party should act contrary to the terms of the contract – in particular by being in arrears with payment or with any other contractual obligation, and/or by being insolvent – we shall be entitled, at our own discretion, either to terminate the contract without granting any grace period or, while leaving the contract in force, to take back the article delivered or to forbid it to be used. We shall also be entitled to sell the taken-back article in the open market; after deduction of a handling fee of 10% of the proceeds thus realised, the remainder will be debited from the total of our outstanding claims against the Ordering Party. Pending return of the article in the event of our terminating the contract, we shall charge the Ordering Party a usage fee of 5% of the original value of the article, unless the actual diminution in its value is even greater.

8. Warranty

8.1 We give no warranty for ordinary deviations in size, weight or quality (or as tolerated by ÖNORM, EN or DIN standards), and also no warranty for information given regarding the suitability of the article(s) to be delivered for the purpose contemplated by the Ordering Party, or for any other particular purpose.

8.2 Although we warrant the correctness of our processing instructions, user/operating manuals and customer advisory service, compliance with statutory or other regulations when using the articles delivered, and the testing of these articles for the purpose envisaged, shall remain the sole responsibility of the Ordering Party. We shall only be answerable for any instructions differing from our written processing instructions and user/operating manuals if we expressively previously confirmed these deviations to the Ordering Party in writing, either by letter, telefax or e-mail.

8.3 Articles or services supplied must be inspected by the Ordering Party immediately after delivery has been taken of them. Any defects must be reported to us immediately upon being discovered, in a written notice sent by letter, telefax or e-mail quoting the number and date of the order confirmation note, of the delivery note or of the invoice, and the serial and commission numbers. If the Ordering Party omits to make this immediate notification, it may no longer assert any warranty claims or claims for compensatory damages on account either of the defect itself or of any misapprehension as to whether the delivery or service was free of defects. The notice must set out which delivered items or supplied services are affected by the defects, what the defects consist of in detail, and under what concomitant circumstances these defects occurred. Every single defect must be exactly described. Any costs which we incur as a result of unjustified notices or notices that are otherwise at variance with the conditions of use are to be refunded to us by the Ordering Party.

8.4 In the case of corrective and preventive maintenance work, our warranty shall be limited to the services actually rendered. We shall only warrant correct functioning of an installation, machine, Software or the like whose components were not all supplied by ourselves if we provable have undertaken – despite the provision of certain components by the Ordering Party or by third parties – to manufacture the installation (or machine etc.) as a whole, and if the faulty functioning in question is not attributable to incorrect or incomplete information from the Ordering Party.

8.5 Unless otherwise agreed, the warranty period shall be 24 months. From the beginning of the 13th month of this period, however, our warranty shall be limited to making available, free of charge, the items needed for remedying the defects; from this time onwards, any warranty claims going beyond the above shall be inadmissible. This period limitation also applies to the supply of items deemed to be immovable and to work on items which are, or are deemed to be, immovable. The warranty period shall start to elapse upon the passage of risk in accordance with Point 6. The Ordering Party must always prove that defects coming to light during the warranty period were already present at the time of the passage of risk.

8.6 In cases where we do give warranty, we shall – at our own discretion and within a reasonable period of at least 4 weeks’ duration – either exchange the defective article itself, or its defective components, for a defect-free article or defect-free components, or remedy the defect(s), or grant the Ordering Party a reasonable reduction in price, or (unless the defect in question is a minor one) cancel the contract. The warranty period is not prolonged by the exchange of the item or of parts or components belonging to the item. If, however, the remainder of the warranty period – including that part of the period during which our warranty is limited to free provision of the requisite materials in accordance with Point 8.5 – lasts for less than twelve months, then the warranty period for the exchanged items, parts or components shall be extended to twelve months. The items, parts or components thus exchanged shall become our property. We shall not refund the costs for any actual or attempted remedying of a defect by the Ordering Party or by any third party.

8.7 To the extent that is necessary and may reasonably be expected of the Ordering Party, the object of delivery or performance, or the defective part(s) thereof, are to be dispatched or shipped to us immediately at our request, at the Ordering Party’s risk and expense, failing which any and all warranty obligation on our part shall become void.

8.8 The Ordering Party is not entitled to withhold payments on account of warranty claims or other counter-claims not recognised by ourselves.

8.9 Warranty claims from the Ordering Party are excluded in cases where the installation, user and operating manuals provided by ourselves, or to be requested from us by the Ordering Party, have not been observed, or where the user has not been (fully) obligated to observe such instructions; if the installation work has not been performed properly and in accordance with the relevant Standards, and in particular if was not carried out by licensed contractors; if any corrective maintenance or other work has been performed on the object of delivery or performance without our consent; if it has been improperly operated or used, or operated despite its protective features being faulty, or taken out of the contract territory without our consent, or used contrary to our instructions or for purposes for which it is not intended; and, moreover, where defects are attributable to foreign object damage, chemical influences, overvoltage, the conduct of third parties or to force majeure; the same applies in respect of natural wear-and-tear.

8.10 Our warranty is also excluded in cases where we have been contracted to carry out repair-orders, to alter or modify used items, or to supply such items.

8.11. Finally all warranty claims shall be excluded if the Ordering Party installs third-party components or replacement parts in our delivery items or services provided by us which have not been expressly recommended by us prior thereto.

8.12. In addition to the rights of the Ordering Party in accordance with Point 8.6. regarding the delivery of inverters for photovoltaic systems the guarantee in accordance with the guarantee conditions of Fronius shall apply, available at https://www.fronius.com/en/photovoltaics/products/all-products/solutions/fronius-service-solutions/fronius-warranties/fronius-warranties.

9. Damages and product liability

9.1 We shall only accept unlimited liability for damage, of whatever kind, to the extent that the Ordering Party proves that we ourselves brought about this damage either knowingly and wilfully or grossly negligently. If the Ordering Party proves that we have caused damage in an ordinarily negligent manner, our obligation to indemnify shall be limited to the damage actually incurred, and, moreover, to a maximum overall amount not exceeding the total order value. Furthermore, claims of this type may only be enforced at law if asserted within six months of the damage in question becoming known.

9.2 In the event that we are taken to law by a third party where we have produced and delivered in accordance with the drawings, designs, models or other documents provided by the Ordering Party, the Ordering Party shall indemnify and save us harmless.

9.3 When using the installations, machines and other articles delivered by ourselves, the Ordering Party is obliged to painstakingly observe all safety regulations, technical rules, installation regulations, operating instructions and user manuals, and in particular all regulations applying to the electrical engineering field, and to allow only authorised skilled personnel to operate the equipment.

9.4. Any liability for damage caused by the installation or use of third-party components or replacement parts with our delivery items, which have not been verifiably and expressly recommended by us, shall be excluded.

10. Consent to data protection

Client shall agree that Fronius International GmbH and its subsidiaries may collect, process and use personel data (such as name, address, email address), if applicable also by commissioning a service provider, for the purpose of sending information regarding products and services of any kind (e.g. by post, email, newsletter and more). A dissemination to externals in excess thereof shall not occur (excluded are legal or judicial obligations to provide information). The consent may be objected at any time in writing, in the newsletter there is also a link to unsubscribe.

11. Final provisions

11.1 The place of performance for deliveries, other services and payments, and the sole place of jurisdiction, shall be Wels, Austria. However, we shall also be entitled to go to law against the Ordering Party at the court which has “in-rem” and territorial jurisdiction under the relevant regulations for the Ordering Party’s commercial domicile or place of residence.

11.2 The Ordering Party is aware that in international commerce, it is common practice that an agreement regarding the place of jurisdiction can also be entered into, in a formally effective manner, as a result of tacit acquiescence or non-reaction to a confirmatory business letter such as an order confirmation note containing a pre-printed reference to the place of jurisdiction. The Ordering Party is familiar with this commercial usage, especially in the field of business of Fronius International GmbH, and heeds it regularly.

11.3 Legal disputes arising out of the contract are to be governed by Austrian law and by the commercial practice prevailing at the place of performance. The UN Convention on Contracts for the International Sale of Goods, on the other hand, shall not be applicable (Austrian Federal Gazette 1988/96).

12. Special provisions for software supplied together with ordered items or software supplied separately

For software delivered together with other items or for software delivered separately (hereafter “software”) these Terms and Conditions of Delivery and Payment only apply insofar as these do not deviate from the following conditions or from conditions agreed upon separately with the Ordering Party.

12.1 Scope of use

12.1.1 All rights of intellectual property, such as copyright, trademark rights, design rights, patent rights, utility model rights and know-how, as well as in particular unprotected inventions, commercial experience, trade secrets and such like, independent from the time these were disclosed to the Ordering Party, shall be reserved at any time by us or our licensors. The Ordering Party shall have the right to use the software after payment of the agreed sum exclusively for his own purposes in accordance with the acquired number of licences. With the present contract only the authorization to use the software is acquired. Dissemination by the Ordering Party shall be excluded in accordance with the copyright law. With a possible participation of the Ordering Party in producing the software no rights other than the specified usage laid out in Section 12 are acquired. The Ordering Party may only use the software simultaneously on one device, which one is his decision. Usage of the software shall constitute any long-term or even any temporary duplication (copying) of the software, whether in whole or also only in part, by saving, loading, running or displaying for the purpose of execution of the software and processing of the data contained therein by the hardware. He shall not be authorized to copy the user manual.

12.1.2 The Ordering Party shall be permitted to make copies of the software for archival and data protection purposes on condition that there is no explicit prohibition in the software or any accompanying material (instruction manual, packaging, etc.) and that all copyright and proprietary notices are transferred unchanged in these copies. Retranslations of the programme code (decompilation) exceeding the legal provisions shall not be permitted.

12.1.3. If the software is equipped with technical copy protection, the Ordering Party shall in the case of damage be supplied with a replacement copy after restitution of the data carrier.

12.2 Further rights

In the event of availability of a new software version the Ordering Party shall be entitled to exchange the supplied software package for a similar software package of the new version at our listed update price; the exchange implies the software package as a whole, as it was acquired by the Ordering Party. With the exchange Ordering Party´s permission to use the exchanged software package shall expire. In such an event the Ordering Party shall immediately and completely destroy all copies, partial copies and backup copies as well as altered or revised versions of the software and the copies, partial copies and backup copies made thereof.

12.3 Warranty

12.3.1 The Ordering Party shall note that it is not possible to develop software programmes in such a manner that these are free from defects for every application condition.

12.3.2 We shall warrant that the supplied software fulfils the agreed functions and has the expressly guaranteed properties. Requirement for any warranty is usage according to contract. A defect for which we are responsible shall only be deemed to exist if the software does not function according to the most recent version of the corresponding performance description/documentation and if this is reproducible by the Ordering Party. In order to carefully examine possible occurring defects the Ordering Party shall be obliged to support us in the rectification of any defects.

12.3.3 We further shall warrant that the original software is duly recorded onto a tested data carrier. Excepted here from are previously installed software and third-party software products.

12.3.4 Software defects shall be documented by the user and we shall be notified in writing with immediate effect; otherwise 8.3 shall apply.

12.3.5 The warranty period shall always be twelve months; the period commences with the dispatch of the software package.

12.3.6 If the software package is not usable or defect (12.3.2), we shall exchange it primarily for a new one of the same title or for an adequate alternative solution. If this also proves to be unusable or defect and if we are not in a position to make it usable with adequate effort within an adequate time, but at least within a period of four weeks, the Ordering Party may demand a price reduction or a change. Costs of defect rectification by the Ordering Party or a third person shall not be compensated by us.

12.3.7 In excess of this (12.3.6) we shall not provide warranty, in particular not in the case of the supplied software not meeting the special requirements of the Ordering Party or user, and also not for altered or revised versions of the software (point 12.1.2), unless the Ordering Party can prove that the defects are not connected to the alterations or revisions. The Ordering Party itself is solely responsible for the selection, installation and usage of the software as well as for the results intended therewith.

12.3.8 In the event of unjustified assertion of defects in the software we shall be entitled to charge the Ordering Party with any incurred costs according to valid cost rates.

12.3.9 A change of the end-user shall exclude any warranty claims

12.4 Compensation

12.4.1 All further claims of the Ordering Party or third persons, in particular claims for compensation for damages of any kind, shall be excluded, unless the injured party can prove that the damage was caused by us either intentionally or due to gross negligence.

12.4.2 Otherwise Point 9 shall apply accordingly.