Exclusion of liability
1. Content of the website
DEPAC cannot accept any liability for the information provided being up to date, correct, complete or of good quality. Liability claims against DEPAC which relate to damage of a material or idealistic nature and which were caused by the use or non-use of the information provided or by the use of incorrect and incomplete information shall be excluded in principle as long as DEPAC cannot be shown to be guilty of malicious or grossly negligent action.
All offers are subject to change and non-binding. DEPAC expressly reserves the right to change, supplement, delete or temporarily or permanently cease the publication of parts of the pages or the entire site without prior notice.
2. References and links
In the case of direct or indirect references to external Internet sites (“links”) which are beyond our control, we would only accept liability in the event that the author was aware of the content and that it was technically possible and reasonable for him to prevent the use of such links if they contained illegal content.
DEPAC hereby expressly declares that at the time that the links were created, there was no illegal content on the sites to which the links go. DEPAC has no influence whatsoever over the current and future design, content or copyright of the linked sites. We therefore hereby expressly distance ourselves from all the content of all linked sites which have been changed since the link was created. The supplier of the site to which the link goes shall be solely liable for illegal, incorrect or incomplete content and in particular for damage which results from the use or non-use of such content.
3. Copyright and trademark law
DEPAC strives to comply with the copyright of the documents it uses (graphics, sound documents, video sequences and texts) in all its publications. All the trademarks which are used on the Internet site and have been protected by third parties are subject without restriction to the provisions of current trademark law and ownership laws of the registered owners. The simple mention of a name should not lead to the conclusion that trademarks are not protected by the rights of third parties.
The copyright of published items which have been created by DEPAC itself remains exclusively in the hands of DEPAC. The reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of DEPAC.
4. Data protection
Personal data will only be taken if they are supplied to us of your own accord, for example by completing forms or sending e-mails, as part of inquiries or if you request materials. Your personal data will not be supplied to third parties by us in any form.
5. Legal validity of this exclusion of liability
This exclusion of liability is to be considered as part of the Internet set from which reference has been made to this site. If parts or individual formulations of this text do not comply, no longer comply or no longer fully comply with the legal situation, the content and validity of the other parts of the document shall not be affected.
General terms of delivery and payment issued by DEPAC ANSTALT (Establishment)
1. Our offers are subject to change. Oral side-agreements shall require written confirmation.
2. All deliveries shall be governed exclusively by the terms and conditions set out below. Purchasing conditions issued by a customer shall only be binding if we have expressly confirmed them in writing.
3. Delivery shall mean the production and supply of the products we offer, either in accordance with our published products listed in catalogs and / or products which have been specially developed.
4. As a result of the special applications for the products we supply, it is necessary for the customer to check that every product he buys from us is precisely suited to his own application. As a result of the wide range of possible applications we are unable to provide general guarantees.
5. DEPAC products are covered by a warranty for material and workmanship flaws. The liability of each and every warranty (whether it is express or otherwise in nature) shall be limited to the reimbursement of the purchase price or the replacement of the goods at our discretion. Other warranty declarations, in oral form, given by sales personnel or derived from conversations cannot be accepted.
6. We cannot accept any liability for consequential damage caused by the use of our products.
7. We undertake to manufacture the products to the best of our knowledge and using the latest findings and state of the art of the technical sector involved and in particular to check the function of the goods.
8. Any obvious defects must be reported within ten days of receipt in writing, concealed defects must be reported within 30 days.
9. We cannot accept any liability for direct or indirect losses suffered by the customer or other persons or for damage and accidents caused by external effects, incorrect treatment or the wrongful use of the products we supply.
10. The delivery shall be made on an ex-works basis from Eschen, Liechtenstein or Bludenz, Austria by the most economical means of our choice or as specified by the customer in his purchase order. All shipments shall be transported at the risk of the recipient. We cannot accept any liability for theft, loss or damage in transit, even if the delivery of the goods is inclusive in special cases.
11. The lead times must be agreed individually. We reserve the right to extend the agreed lead times if forces majeures or manufacturing disturbances affect us or our sub-contractors and prevent us from delivering the goods on schedule.
12. In the event that conditions outside of our control prevent delivery or result in late delivery, we shall be entitled to release ourselves from our obligation to deliver the goods in part or in full by means of a written notification to the customer if the customer does not agree to the extension of the lead time which the situation necessitates.
13. All the prices are quoted ex-works in Eschen, Liechtenstein or Bludenz, Austria. Our terms of payment are 30 days net; discount shall only be granted if specified with the appropriate percentage rate on our invoice. Discounts above the specified value or beyond the specified period shall not be accepted by us. If an unjustified deduction of this type is made from a payment to us, this value shall be re-invoiced. Checks will be accepted with the normal reservations and shall only be credited once they have been redeemed. In the event that the customer is in default with payment, DEPAC reserves the right to charge default interest at the normal bank interest rates at that time.
14. The supplied goods shall remain our property until such time that all claims against the customer from this business relationship have been satisfied. The resale of the goods shall only be permitted within the bounds of normal business transactions. The customer hereby assigns all claims and all secondary rights which it has accrued against its customers or third parties from the resale to the supplier.
15. If the goods are supplied to customers in other countries, the statutory Liechtenstein regulations and corresponding agreements shall apply.
16. If individual points of these terms and conditions are invalid, the remainder of the points shall remain binding.
17. The place of jurisdiction shall be Vaduz, Liechtenstein.
Issue date: July 2006