PeakTech
PeakTech
Prüf- und Messtechnik GmbH

Gerstenstieg 4
DE 22926 Ahrensburg

Teléfono: 0049 4102 42343/44
Fax: 0049 4102 43416

Statutory Notification

DIN EN ISO 9001:2015
RoHS

Convincente con excelentes estándares de calidad.

La compañía PeakTech ha sido probada y certificada con éxito por TÜV NORD CERT según DIN EN ISO 9001: 2015.

La norma ISO 9001 describe un sistema de gestión de calidad y, por lo tanto, garantiza un alto nivel de calidad de la empresa certificada. Con la certificación conforme a la norma ISO 9001 documentamos, que es una cuestión de curso para PeakTech Prüf-und Messtechnik GmbH:

La calidad y las mejoras continuas en los procesos son elementos esenciales en el trabajo de PeakTech. Solo a través de estas pautas y el reclamo de nuestro trabajo podemos proporcionar el valor agregado deseado para nuestros clientes.

Data Protection

Privacy is important to us!

The protection of your personal data is taken very seriously when using these websites. Below you will be informed about the collection, processing and use of your personal data when you visit these websites and use the services and services offered there.

1. Information about personal data

(1) Personal data are those particulars that relate to a person or that are likely to relate to a person, such as: For example, the name, the postal address, a telephone number, an e-mail address, bank details, etc. Personal data may under certain circumstances be used to identify the identity of a person.

(2) Service Provider acc. § 13 Telemedia Act (TMG) and responsible body according to the Federal Data Protection Act (BDSG) and Data Protection Ordinance (GDPR) is: PeakTech Prüf- und Messtechnik GmbH, Gerstenstieg 4, 22926 Ahrensburg.

2. Affected rights

In connection with our processing of your data you have the following rights:

(1) Right to information according to Art. 15 GDPR regarding the processing of your personal data by us for processing purpose, categories of processed data, recipients or recipient categories, duration of storage or criteria for determining the duration, right to rectification, deletion, limitation of processing or objection to the processing, the right of appeal to the supervisory authority, if applicable, information about the origin of the data and the existence of automated decision-making and, if necessary, information about guarantees pursuant to Art. 46 GDPR for transmission to a third country or international organizations;

(2) right to immediate correction of incorrect or complete incomplete personal data pursuant to Art. 16 GDPR;

(3) Right to erase the personal data stored pursuant to Art. 17 GDPR if the data are no longer necessary for the purposes for which they were collected or otherwise processed, if a given consent was revoked and if it was otherwise revoked The legal basis is missing if an objection to the processing has been filed and the data may no longer be processed pursuant to Article 21 (1) or (2) GDPR, if the data were processed unlawfully, if the deletion is necessary to fulfill a legal obligation or if the data in relation to information society services offered pursuant to Article 8 (1) of the GDPR. This shall not apply to the extent that the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

(4) Right to restriction of the processing according to Art. 18 GDPR, if you deny the correctness of the data (and for the time necessary to verify the correctness), if the processing is illegal, but you reject the deletion and instead demand the restriction of use if we no longer need the data for the purposes of the processing, but you require the data for the assertion, exercise or defense of legal claims, or if you object to the processing pursuant to Art. 21 (1) GDPR as long as it is not certain that our legitimate reasons outweigh your legitimate reasons;

(5) Right of objection to the processing of your personal data pursuant to Art. 21 (2) GDPR (if the data are processed for the purpose of direct mail) or pursuant to Art. 21 (1) GDPR (if the processing pursuant to Art. 6 para 1 e) or f) GDPR, for reasons that arise from your particular situation, unless we have compelling legitimate reasons for the processing that outweighs your interests, or the processing is for the assertion, exercise or defense of legal claims). For further information on the right of objection, please also refer to section 23 below.

(6) Right to data portability according to Art. 20 GDPR, i. to obtain the personal information that you have provided to us in a structured, common and machine-readable format, or for transmission to another person in charge;

(7) Right to revoke consent granted at any time pursuant to Art. 7 (3) GDPR. The revocation has the consequence that we are no longer allowed to carry out the data processing for the future from the time of the revocation. See also section 16. below;

(8) Right to complain to a supervisory authority pursuant to Art. 77 GDPR. The supervisory authority responsible for our company can be found in section 4 above. The right of appeal applies without prejudice to any other administrative or judicial remedies.

(9) All information requests, requests for information or objections to data processing should be directed by e-mail to datenschutz@peaktech.de or to the address specified under point 1 (2).3. Automatisierte Entscheidungsfindung

3. Automated decision-making

Automated decision making is not used here.

4. Supervisory Authority

The address of the supervisory authority responsible for us is:

Independent Center for Privacy Schleswig-Holstein, Holstenstraße 98, 24103 Kiel,

Tel .: +49 431 988-1200, Fax: +49 431 988-1223

E-Mail: mail@datenschutzzentrum.de

Homepage: www.datenschutzzentrum.de

 

5. Storage of access data

(1) Every access to our website access data is stored in a log file on the server of our provider.

(2) This data set consists e.g. from your IP address, the date and time of the request, the name of the requested file, the transferred file size and the access status, a description of the web browser and operating system used and the name of your Internet service provider.

(3) These data are collected for technical reasons. An evaluation takes place exclusively for statistical purposes and without personal reference (visitor numbers and page popularity).

 

6. Collection of personal data for informational use

(1) In the case of merely informative use of the website, ie if you do not register, register or otherwise provide us with information about the website, we will not collect your personal data, except for the data mentioned in 5.2, which your browser transmits to you to allow the visit of the site technically.

(2) When using the website, so-called cookies are stored on your computer. Cookies are small text files that are stored on your hard disk and assigned to the browser you are using, and that provide certain information to the body that sets the cookie (in this case us). Cookies can not run programs or transmit viruses to your computer. They serve only to make the Internet offer more user-friendly and effective.

We set e.g. Cookies to identify you for follow-up visits if you have an account with us. Otherwise you would have to log in again for each visit.

a) This website uses cookies to the following extent:

- Transient cookies (temporary use)

- Persistent cookies (temporary use)

- third-party cookies (third-party)

- Flash cookies (permanent use)

b) Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to the site. The session cookies are deleted when you log out or when you close the browser.

c) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

d) You can configure your browser setting according to your wishes. B. decline the acceptance of third-party cookies or all cookies. We point out, however, that you may not be able to use all features of this website.

e) The Flash cookies used are not detected by your browser but by your Flash plug-in. These store the necessary data regardless of the browser you are using and have no automatic expiration date. If you do not want to process the Flash cookies, you must install a corresponding add-on, eg. Eg "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/en/firefox/addon/betterprivacy/) or Adobe Flash killer cookie for Google Chrome.

The legal basis for this data processing is Art. 6 para. 1 p. 1 f) GDPR. Our legitimate interest lies in the fact that we use data processing to make statistical evaluations regarding the use of our website and to optimize our Internet offers for our users.

7. Use of functions of our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you will usually need to provide other personal information that we use to provide the service. If additional voluntary information is possible, these are marked accordingly.

(2) When you contact the service provider by e-mail or via the contact form, your e-mail address and, if you specify so, your name, telephone number and address will be stored by us to answer your questions.

8. Contact form

On our website you have the possibility to send us an e-mail with your request encoded by the form "contact". Here you can, for example, Ask questions about our company, our products or our services.

In order to be able to process your request, we ask you to enter personal data in our input mask. This includes your name, your e-mail address, your address, your telephone number and other information such as the subject of your request and your message text.

This requested information enables us to comprehensively address your concerns. The communication of the data you provide in this context is expressly on a voluntary basis.

The personal data transmitted to us from your o.g. Information as well as the time of the contact will be used exclusively for the purpose for which you provide us with the contact - in particular the processing of your request. The information you provide will be used exclusively to process your request. The data will not be used for other purposes or passed on to third parties without your express consent. Excluded here are - if it is necessary to fulfill your request - partner companies of PeakTech GmbH. These can be for example: our suppliers, transport and logistics partners and our trading partners. If there are no statutory storage requirements, your personal data will be deleted after the request has been processed.

The legal basis for data processing is Art. 6 para. 1 p. 1 f) GDPR. Our legitimate interest is that we need your information to process or respond to your message.

9. Liability for content

The contents of our pages were created with great care. However, we can not assume any liability for the accuracy, completeness and timeliness of the content. As a service provider we are responsible according to § 7 Abs.1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. A liability in this regard, however, is only possible from the date of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately.

10. Liability for links

Our pages may contain links to external websites of third parties over whose contents we have no influence. Therefore, we can not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.

11. Data security

We secure our website and other systems by appropriate technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons. Despite regular checks, full protection against all dangers is not possible.

Our site uses industry standard SSL (Secure Sockets Layer) encryption. This ensures the confidentiality of your personal information over the Internet. Whether an encrypted transmission takes place, you recognize by the closed key / resp. Lock icon in the display of your browser.

12. Disclosure of data

A transfer of your personal data to third parties is only

- if you have given your express consent pursuant to Art. 6 para. 1 sentence 1 a) DSGOV;

- if disclosure is required to fulfill contractual obligations pursuant to Art. 6 (1) sentence 1 (b) GDPR;

- if we are legally obliged to disclose the data i.S.d. Art. 6 para. 1 sentence 1 c) GDPR;

- if the disclosure of the data in the public interest i.S.d. Art. 6 para. 1 e) GDPR lies or;

- if the disclosure of the data pursuant to Art. 6 para. 1 sentence 1 f) GDPR is necessary for the protection of our legitimate interests or the legitimate interests of a third party, unless your interests predominate in the protection of your data.

13. Data categories

We process the following categories of data: Master data (such as company, if necessary contact person, address), communication data, contract data, claim data, if necessary payment and arrears information. See the information above.

14. Duration of storage of personal data

Your data will be stored by us for as long as necessary for the purposes for which they were processed. In addition, we only store data to the extent that we are legally obliged to do so, e.g. due to legal storage requirements.

15. Information on the right of objection

An objection to the processing of personal data concerning you, on the basis of Article 6 (1) (e) (data processing for public interest) or f) (data processing to safeguard legitimate interests on the basis of a balance of interests) is possible at any time in accordance with Article 21 of the GDPR. In the event of an objection, the personal data will no longer be processed unless there are compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject or the processing is for the purpose of enforcing, pursuing or defending legal claims.

Please direct your objection to the e-mail address datenschutz@peaktech.de

16. Information on the right of withdrawal

If you have given us consent to the processing of personal data, you can revoke this at any time against us. Of course, this also applies to us before 25 May 2018 (before the validity of the GDPR) granted consent form. The revocation of consent can always be valid for the future only. The legality of the processing is not retroactively eliminated by a revocation.

Please direct your revocation by e-mail to datenschutz@peaktech.de

17. Timeliness

This data protection declaration has the status 24.05.2018. It is the current and valid version of our privacy policy.

Please note, however, that from time to time due to actual or legal changes, a revision to this Privacy Policy may be necessary.

 

18. Data Protection Officer

For privacy issues, you can feel free to contact us at:

PeakTech Prüf- und Messtechnik GmbH

data protection

Gerstenstieg 4

22926 Ahrensburg

or contact us by e-mail at datenschutz@peaktech.de

 

Battery regulations

The delivery of many devices includes batteries, which for example serve to operate the remote control. There also could be batteries or accumulators built into the device itself. In connection with the sale of these batteries or accumulators, we are obliged under the Battery Regulations to notify our customers of the following:

Please dispose of old batteries at a council collection point or return them to a local shop at no cost. The disposal in domestic refuse is strictly forbidden according to the Battery Regulations. You can return used batteries obtained from us at no charge at the address below or by posting with sufficient stamps.

  • PeakTech Prüf- und Messtechnik GmbH
    Gerstenstieg 4
    DE - 22926 Ahrensburg
Battery regulations

Batteries, which contain harmful substances, are marked with the symbol of a crossed-out waste bin, similar to the illustration shown left. Under the waste bin symbol is the chemical symbol for the harmful substance, e.g. „Cd“ for cadmium, „Pb“ stands for lead and „Hg“ for mercury.

You can also find this notification in the paperwork accompanying the goods delivery or in the manufacturer’s operating instructions.

You can obtain further information about the Battery Regulations from the Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit (Federal Ministry of Environment, Nature Conservation and Reactor Safety).

RoHs Guideline 2011/65/EU - Prohibited materials in electrical and electronic devices
RoHS

It has been forbidden since 01.07.2006 to introduce electrical and electronic devices containing lead (Pd), mercury (Hg), hexavalent chromium (Cr), polybromated biphenyl (PBB), polybromated diphenyl ethoxyethane (PBB) or cadmium (Cd) in an increased percentage into circulation.

The guarantee of the RoHs quality can be taken over exclusively by the manufacturer. We have labelled our products with RoHs on the homepage on the basis of the statements of our suppliers, but we do not accept either a guarantee or other liability in connection with the use of the information contained on this site.

 

DecaBDE – Toxic flame retardant

RoHs products must not contain the DecaBDE fire protection agent or exceed an established limit after 01.07.2008 in accordance with the judgement of 01.04.2008.

PFOS (Perfluorite octane sulphonates)

PFOS chemicals have been included in the prohibited chemicals prescription in accordance with Guideline 2006/122/EG of 12.12.2006 and have thus been prohibited since 27.06.2008.

Surfactants are mainly used for the water, oil and water-repellent impregnation of textiles, paper and leather. They are also used in air and space flight, semiconductors, the electrical industry and the photographic business. Permissible limits must not be exceeded. The Guideline is only intended to apply to new products and not to products that are already on the market.

WEEE Guideline 2002/96/EC – The taking back of legacy products

We comply with the new ElektroG (law concerning the introduction into circulation, the taking back and the environmentally compatible disposal of electrical and electronic products) and our Company is registered under the WEEE Reg. No. DE 42979541.

Users must not dispose of electrical and electronic products that they are no longer using in normal waste; on the contrary, they are obliged to hand them in at the local collection points.

Please dispose of electrical and electronic products at a local collection point or hand them over to local business free of charge, as required by the legislator; their disposal in domestic waste is expressly forbidden. We request you to send devices received from us to the address below free of charge or sufficiently franked by post to us after use, if it is not possible to give the devices back otherwise as an exception.

  • PeakTech Prüf- und Messtechnik GmbH
    Gerstenstieg 4
    DE - 22926 Ahrensburg
REACH Declaration

The European Chemicals Regulation REACH 1907/2006 is intended to ensure a high level of protection for people and the environment. According to REACH, manufacturers, importers and downstream users have to register their chemicals and are responsible for their safe treatment.

PeakTech Prüf- und Messtechnik GmbH markets no preparations according to article 31, therefore no chemical liquid, mixture, acerbity, leach, resolvent, paint, which require a separate safety data sheet. Furthermore, upon predictable and intended use of our products, no substances, which could rank among the REACH declaration, are released.

For all products according to article 33, our suppliers were obliged not to use critical substances of the SVHC list in critical amounts according to the REACH regulation and, if possible, not to use these substances at all.

Therefore, PeakTech Prüf- und Messtechnik GmbH assures that according to the current state of knowledge none of our products contain one or more SVHC substances which could exceed the limit of the REACH regulation.

PeakTech Prüf- und Messtechnik GmbH will inform their customers unsolicited as soon as some information infers that listed SVHC substances contained in the products exceed the limit, as per REACH defined concentration of 0.1 % (w/w).

-PeakTech Prüf- und Messtechnik GmbH-                                                            January 2020

Packaging regulation

The packaging is a component of the respective product and has been developed specially for each article, in order to guarantee an optimum dispatch of the corresponding package. The original packaging will be the most secure protection against damage during transportation in the case that you have to send a product back during the guarantee period or for servicing or customer service after this period, and we therefore recommend you to keep the original packaging as long as the respective device is in your possession.

Please pay attention to the symbol below if you nevertheless wish to dispose of the packaging and the matter concerns packaging used by us:

‘Green Point’ recycling symbol

The ‘Green Point’ means that the packaging labelled with it will be collected, sorted and sent further for processing by the Dual System Deutschland (DSD) throughout Germany.

‘RESY’ recycling symbol

The Resy symbol on the packaging has a similar meaning to the ‘Green Point’, but it applies specially to paper and cardboard. Disposal and further processing is guaranteed.

This system of taking back and recycling is financed through licence fees paid to both organizations by the manufacturer.

The rules of the packaging regulation will have been complied with by the payment of the respective fee and the attachment of the appropriate symbols and we are therefore released from the obligation to take products back.

You will be able to put all packaging labelled with the symbols specified above in the collection of materials. Attachments such as adhesive tape, labels, etc. will not disrupt the recycling process. We do not take back packaging labelled with recycling symbols.

General terms and conditions of trade

§ 1 General

(1) These Conditions shall apply to all contracts between the purchaser and us with regard to the delivery of goods. The Conditions also apply to all future business activities, without the requirement for further confirmation of its application. All other terms and conditions including any terms and conditions which the purchaser may purport to apply are, without our express agreement excluded, with or without our express objection. The Conditions also apply when we fulfil the purchaser's orders in the knowledge of the purchaser having conditions that contradict these. 

(2) All agreements, made between the purchaser and us in connection with the fulfilment of purchase orders must be in written form.

(3) These Conditions apply to companies, legal entities under public law or other special public assets.

§ 2 Offers and connected documentation

(1) A purchase order that is made in order to qualify for an offer can be confirmed by us within two weeks, either in written form or through delivery of the order. 

(2) Offers are subject to confirmation and unless our explicit confirmation is given, nonbinding. 

(3) We retain ownership and copyright of all illustrations, calculations and diagrams. The purchaser is entitled only with our express written agreement to pass these on to a third party, irrespective of whether they have been marked confidential.

(4) Documentation connected to the offer, such as illustrations, diagrams, weight and dimensions is only representative unless expressly designated as being binding. 

§ 3 Price / payment conditions

(1) Prices are "ex works, Ahrensburg" or "ex Hamburg wharf", unless stated otherwise in the order confirmation. Packaging and insurance will be invoiced separately.

(2) Value Added Tax is not included in the prices and will be invoiced separately at the level applicable on the day of invoicing.

(3) Legal regulations will apply if the purchaser is late in paying.

(4) If nothing else results from the order confirmation, the purchase price is due in full within 30 days after receipt of the invoice. Late payment will result in default interest being charged at 8% over the base interest rate. Additional costs may be applied in the event of our proving further damages due to a delay in payment, the purchaser retains the right to provide evidence to the contrary.

(5) The purchaser is only entitled to offset payment for a valid claim or otherwise; if a legal judgement has been passed that confirms the counter claim; if our acceptance of the counter claim has been confirmed, or if it is not in dispute. The buyer is furthermore only entiled to exercise a right of retention according to the above conditions if his counterclaim is based on the same contractual relationship.

§ 4 Delivery

(1) Delivery dates or deadlines are only estimations and as such non-binding in unless express confirmation is given. The delivery time does not begin until all technical questions have been clarified. In addition, the purchaser must have correctly met all obligations within the time required.

(2) If the basic purchase contract is classed as a "firm deal" as according to § 271 BGB or of § 376 HGB, we are liable in accordance with the legal regulations. The same applies if the purchaser decides to cancel an order, due to a delivery delay for which we are responsible. In this case, liability is limited to foreseeable, typically occurring damages, if the delivery delay is not caused by wilful breach of contract on our part, but if it can be deemed that a representative, or employee acted negligently. We are also liable to the purchaser for delays in delivery within the constraints of applicable law in cases where our representatives or employees have displayed wilful or gross negligence. Our liability is limited to foreseeable, typically occurring damages when the delivery delay is caused by wilful breach of contract for which we are not responsible.

(3) Damage liability will be limited to foreseeable, typically occurring damages in the case of our being responsible for a delay in delivery which is caused by the culpable breach of an essential contractual obligation. We are liable for the negligence of our representatives or employees as provided for by applicable law.

(4) Otherwise the purchaser can, in the case of a delivery delay for which we are responsible, demand compensation for each full week of delay at a rate of 0.5% of the delivery value, but no higher than 5% of the delivery value.

(5) All further liability for delivery delays for which we are responsible is excluded. All other applicable legal claims and rights of the purchaser, external to damage claims due to delivery delays for which we are responsible, remain unaffected.

(6) We retain the right to implement partial deliveries/services where this can be considered reasonable for the purchaser.

(7) If the purchaser defaults in acceptance, we have the right to claim compensation for the resulting damages and any additional expenditure. The same applies if the purchaser culpably breaches cooperation obligations. Where acceptance or debtor delay occurs, the risk of accidental deterioration or breakdown is transferred to the purchaser.

§ 5 Transfer of risk - packaging costs

(1) Delivery is agreed as being "ex-works, Ahrensburg" or "Hamburg wharf" unless the contractual relationship dictates otherwise.

(2) We will attempt, with regards to shipping methods and routes, to meet the wishes and interests of the purchaser; any additional costs incurred – including the agreed freightfree delivery – will be borne by the purchaser.

(3) With the exception of pallets, we do not take back any packaging; transport or otherwise in connection with any packaging regulations that may apply. The purchaser is obliged to dispose of packaging at the purchaser's own cost.

(4) If the delivery is delayed at the purchaser's request or because of default in payment, storage of the goods is at the risk and expense of the purchaser. In this case, the notification of delivery readiness is equivalent to delivery.

§ 6 Warranty

(1) The purchaser's warranty claims presupposes that the obligations of inspection and notification, pursuant to §§ 377, 378 of the HGB, have been properly fulfilled.

(2) Insofar as there is a defect of the goods for which we are responsible, to the exclusion of the entitlement of the purchaser to withdraw from the contract or to reduce the purchase price (reduction), we are obliged to subsequent specific performance, unless such performance is only possible for us at disproportionate expense (§ 439, Paragraph 3 BGB). The purchaser must provide an appropriate period for us to implement the remedy. The remedy can be implemented by repairing the defect (improvement) or by delivering new goods, as requested by the purchaser. We are liable for the necessary expenditure in the case of repair, insofar as these are not increased by the contractua object being moved to a site other than the agreed place of performance. If our attempt to remedy is not successful, the purchaser can choose to reduce the purchase price or cancel the contract. Any improvement measures will be seen as invalid after the second unsuccessful attempt unless further improvement measures are appropriate according to the contract object and if acceptable to the purchaser. Damage compensation claims based on the following conditions, due to defects can only be applied by the purchaser when improvement attempts are unsuccessful. The right of the purchaser to apply further damage compensation claims, based on the following conditions, remains unaffected.

(3) The purchaser has a warranty claim period of three years following delivery of the goods. Our obligations as per § 6 para. 4 and para. 5 remain unaffected by this.

(4) We are obliged in accordance with the provisions of applicable law to accept return of new goods or to reduce the purchase price regardless of the normally required deadline if the purchaser's customer; the user of the new moveable goods (consumer goods purchase) is able to demand that either the purchaser accepts return of the goods, or reduction in price due to a defect. Or, if the purchaser's customer can apply the right of recouse or similar. We are also obliged to compensate the purchaser for costs incurred in connection with the demand placed on the purchaser, in particular transport, travelling, workingand material costs. This claim is excluded if the purchaser has properly fulfilled their obligation of inspection and notification pursuant to § 377 HGB.

(5) The obligation pursuant to § 6 para. 4 is excluded where the defect results from advertising statements or other legal agreements not published by us or if the purchaser has provided the end consumer with a special warranty. This obligation is also excluded if the purchaser was not obligated to implement the warranty rights with regards to the end consumer due to legal provisions, or where the end consumer has not informed the purchaser of an claims that may have arisen. This also applies if the purchaser has provided the end consumer with warranties that exceed legal requirements.

(6) We are liable without exclusion in accordance with legal provisions for any damage to life, body and health due to a wilful or negligent breach of obligation; this includes both our legal representatives and other representatives. We are also liable for damages in accordance with the product liability law. We are liable in accordance with applicable law fodamages not accounted for in clause 1, that can be deemed a wilful and gross breach of contract and/or fraudulent, this also includes both our legal representatives and other representatives. Our liability is limited in such cases to foreseeable, typically occurrin damages when the delivery delay is caused by wilful breach of contract for which we and both our legal representatives and other representatives are not responsible. In the event of our applying a consistency and/or shelf-life guarantee to a product or part; we are liable within the provisions of such guarantee. We are only liable for damages caused by malfunction of the guaranteed consistency or shelf-life guarantee but that do not directly affect the product insofar as there being a visible risk of damage covered by the consistency and shelf-life guarantee.

(7) We are also liable for damages that are caused by minor negligence, if such negligence injures our contractual obligations, compliance of which can be considered as having special importance in connection with the achievement of the contractual aims (cardinal obligation). However, we are only liable insofar that the damages were typically connected to the contract and that they were foreseeable.

(8) Further liability is, without consideration of the legal nature, excluded; this especially applies to tort claims or claims for compensation of futile expenditure instead of accomplishment. Our liability in accordance with § 6 para. 2 to para. 6 of these Conditions remain unaffected. If our liability is excluded or reduced, this also applies to the personal liability of all management, employees and representatives.

(9) Any damage claim in connection with a defect that the purchaser may hold is subject to a limitation period of one year from delivery. This does not apply to damage to life, body and health for which our management, employees and representatives can be deemed responsible, or if our management, employees and representatives have acted in a wilful or negligent manner.

§ 7 Retention

(1) The delivered goods remain our property (reserved goods) until complete fulfilment of all debts; this includes payment requests for open accounts to which we are, with regard to the purchaser entitled now or in the future. After giving suitable notice, we retain the right to repossess goods in cases where the purchaser acts in a manner contrary to the contract, e.g. delayed payment. Repossession of goods implies a withdrawal from the contract. Impounding of goods is a withdrawal from the contract. We retain the right to utilise repossessed goods as we see fit. After deduction of an adequate amount for the utilisation costs, proceeds will be offset against the amount owing.

(2) The purchaser is obliged to treat the reserved goods in a careful manner and, at its own cost, to insure these to the purchase value against fire and water damage and theft. Running maintenance and servicing must be dealt with by the purchaser at its own cost and in a timely manner.

(3) The buyer has the revocable entitlement to duly sell and/or use the reserved goods in the course of business in the event that the buyer is behind schedule with the settlement of the invoice. Pledges or security tranfers of title are inadmissible during the default period. Outstanding debts or other legal causes arising from the sale of the reserved goods (insurance or civil offences) are conveyed with immediate effect to us; we herewith accept the conveyance. We authorise the purchaser to collect such debts on its own account. The collection authorisation can be revoked at any time, if the purchaser does not fulfil its payment obligation in an orderly manner. The purchaser is not permitted to use factoring as a means of collection unless the factor accepts liability to us for the value of the outstanding debt for the time that the purchaser remains indebted to us.

(4) Conversion or reclassifying of the reserved goods by the purchaser will, in all cases be carried out for us. We acquire co-ownership to the value of the reserved goods if the reserved goods are converted together with other items not belonging to us (gross invoice value including value added tax). New changes arising from the conversion will be treatedthe same as reserved goods. In cases where reserved goods are inseparable with items not belonging to us, we acquire co-ownership to the value of the reserved goods (gross invoice value including value added tax). Both us and the purchaser agree that if the greater volume of combined goods belongs to the purchaser, the purchaser will convey co-ownership to us; we herewith accept the conveyance. We will appoint the purchaser to be cus-todian of the newly acquired sole or co-owned goods.

(5) Any attempt to seize the reserved goods by a third party, especially enforcement (attachment, distraint etc.) will result in the purchaser giving notice that the goods belong to us and immediately informing us, in order for us to enforce ownership. The purchaser is liable, if the third party is not in a position to reimburse connected costs, legal or otherwise.

(6) We are obliged to release securities to which we are entitled, if the feasible value of our securities exceeds the respective debt by more than 10%, such securities will be released at our discretion.

§ 8 Repairs

The purchaser must give explicit instruction if it requires a quote prior to our carrying out a repair. We retain the right to engage a third party to carry out a repair. Shipping and pakkaging costs will be charged to the purchaser separately.

§ 9 Revision

We retain the right to make changes to both the design and technical specification in line with technical advancements. We are under no obligation to deliver spare parts for discontinued goods.

§ 10 Price and quantity obligations

Both these Conditions and those of the respective manufacturer apply to ordered products that have connected pricing and/or quantity obligations.

§ 11 Special provisions

(1) The purchaser is obliged to adhere to special directives e.g. from the Federal Network Agency or similar in your country before operation of ready-to-use units. We cannot be held responsible for negligent behaviour on the part of the purchaser.

(2) Before operation and especially with imported goods, the purchaser is obliged, only to sell such goods to the consumer if the goods fulfil all regulations in accordance with applicable law and/or other German regulations. We cannot be held responsible if the purchaser does not make necessary enquiries in connection with the legal standing.

§ 12 Jurisdiction and Severability

(1) All deliveries, payments and any disputes between us and the purchaser arising out of the contractual agreement will be carried out at our company seat. However, we retain the right to prosecute legal action at the company seat or residential address of the purchaser.

(2) The contractual agreement between us and the purchaser is subject to the applicable law of the Federal Republic of German. The application of the uniform law governing the international purchase of movable goods and the act governing international sales orders of movable goods is excluded.

PeakTech Prüf- und Messtechnik GmbH

Issue: 01/2016