Schmees Energietechnik Technology

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Responsible for the content

KLAS GmbH

Managing director 
Christian Schmees
Bodo Büscher
Henning Nintemann

Address:
Dieselstraße 12
26899 Rhede / Ems

Tel.: +49 (0) 49 64 / 60 55 811 
Fax: +49 (0) 49 64 / 60 55 823
E-Mail: info(at)klas-technik.de

Registry court: Amtsgericht Osnabrück
HRB: 122 535
VAT ID No.: DE 277 464 683

Content Management System und Programming

Wosonst3: www.wosonst.de
Menke Werbeagentur: www.menke.de

Data protection

1. An overview of data protection
General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.


Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.


2. General information and mandatory information
Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

KLAS GmbH
Dieselstraße 12
26899 Rhede / Ems

telephone: +49 4964 60558-11
Email: info(at)klas-technik.de

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).


Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.


Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.


Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.


SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.


Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.


Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.


3. Data protection officer
Statutory data protection officer

We have appointed a data protection officer for our company.

Gepr. Datenschutzbeauftragter
Hans Koop
Hauptstraße 28a 26899 Rhede / Ems

Telefon: +49 (0) 49 64 / 60 57 70 7
e-mail: info@Datenschutz-Aktiv.com


4. Data collection on our website
Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.


Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

  • Browser type and browser version

  • Operating system used

  • Referrer URL

  • Host name of the accessing computer

  • Time of the server request

  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.


Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.


Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.

To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.

We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.


5. Analytics and advertising
Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.


IP anonymization

We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.


Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.

For more information about how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.


6. Plugins and tools
Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.


Source: https://www.e-recht24.de


General Terms and Conditions


Sect. 1 General – Area of validity

(1) Our general terms and conditions (GTCs)apply exclusively; We do not recognise conditions of the customer that contradict or deviate from our GTCs, unless, we expressly agreed this in writing with them. Our GTCs also apply, if we carry out the delivery to the customer without any reservations, in the knowledge of conditions of the customer, that contradict or deviate from our GTCs.

(2) All agreements made between us and the customer, for the purpose of carrying out this contract, are put into writing in this contract.

(3) Our GTCs only apply to entrepreneurs in the sense of sect. 310 para. 1 GCC [German civil code].

(4) Our GTCs also apply to all future transactions with the customer.


Sect. 2 Quote – Quote documents

(1) Our quote is non-binding. The supplier is obliged to accept our order within a period of two weeks. The customer order is a binding quote. We can accept this quote within four weeks, either by sending an order confirmation or delivering the goods.

(2) We reserve the ownership rights and copyrights on diagrams, drawings, calculations and other documents. This also applies for such written documents, that are marked “confidential”. Before passing them on to third parties, the customer requires our express written permission. The supplier may only use the aforementioned documents for production on the basis of our order. He is obliged to give these documents back to us, unprompted, after completion of the order. These documents are to be kept confidential from third parties. In addition, we refer to the regulation in sect.9 IX.


Sect. 3 Prices – payment conditions

(1) Unless otherwise stipulated upon order confirmation, our prices apply "ex works", excluding packaging; this will be invoiced separately. In our orders to the suppliers, the prices shown there are binding. In the absence of a deviating written agreement between us and our suppliers, the price of the delivery is “carriage free” including packaging. The return of the packaging requires a separate agreement.

(2) We reserve the right to change our prices for our customers, if cost increases, particularly due to wage agreements or material price changes, occur after completion of the contract. We will prove this to the customer on request.

(3) The legal rate of VAT is not included in our prices; it will be indicated separately on the invoice, at the legal rate on the billing date. We can only processes invoices from our suppliers, if these – according to the specifications in our order – state the order number indicated there; the supplier is responsible for all consequences as a result of non-adherence to this obligation, if he does not prove that he is not responsible for this.

(4) The deduction of a cash discount by our customers, requires a separate written agreement. Unless otherwise agreed in writing, we pay the supplier the purchase price within 14 days, calculated from delivery and receipt of invoice, with 2% cash discount within 30 days of receipt of invoice net.

(5) Unless otherwise stipulated upon order confirmation to our customer, the net purchase price (without deduction) must be paid within 10 days of the billing date. The legal regulations regarding the consequences of default of payment apply.

(6) The customer is only entitled to offset rights, if his counter claim has been established by law, is undisputed or has been recognised by us. In addition, he is only authorised to practice a right to withhold, if his counterclaim is based on the same contractual relationship. We are entitled to offset and withholding rights against our suppliers, to the legal extent.


Sect. 4 Delivery period
I. Contractual relationship to customer

(1) The beginning of the delivery period stated by us, requires the clarification of all technical issues. Details about delivery times are approximate, unless otherwise expressly agreed in writing in individual cases.

(2) The adherence to our delivery obligation requires the on-time and proper fulfilment of the customer’s obligations. We reserve the right to use the plea of non-fulfilment of the contract.

(3) If the customer falls into default of acceptance, or culpably infringes other participation obligations, then we are authorised to demand any damages incurred to be compensated, including any additional costs. We reserve the right to further claims or rights.

(4) If the requirements of para. (3) are present, the risk of accidental destruction or accidental deterioration of the purchased item, is transferred to the customer when he has fallen into default in acceptance or debtor’s default.

(5) According to the legal regulations, we are liable, if the underlying purchase contract is a fixed transaction in the sense of sect.286 para. 2 no. 4 German civil code or from sect. 376 German commercial code. We are also liable in accordance with the legal requirements, if the customer is authorised to claim that the fulfilment of the contract was discontinued, as a result of a delayed delivery caused by us.

(6) Furthermore, according to the legal regulations, we are liable if the delayed delivery arose from intentional or grossly negligent breach of contract by us; if our representative or subcontractor is to blame, this should be attributed to us. If the delayed delivery is due to a grossly negligent breach of contract, which we are responsible for, our liability for damages is limited to the foreseeable, typically occurring damages.

(7) We are also liable according to the legal regulations, if the delayed delivery caused by us, is due to the culpable infringement of a significant contractual obligation; in this case however the liability for damages is limited to the foreseeable, typically occurring damages.

(8) Incidentally, we are liable in the case of delayed delivery, for each completed week of delay, in the scope of a flat rate delay compensation, of 0.5% of the delivery value, however not more than max. 5% of the delivery value.

(9) Further legal claims and rights of the customer are reserved.


II. Contractual relationship to the suppliers

(1) The delivery period stated in the order is binding.

(2) The supplier is obliged to inform us immediately in writing, if circumstances occur, or become apparent to him, from which it emerges that the agreed delivery period cannot be adhered to.

(3) In the case of delayed delivery, we are entitled to the legal claims. In particular, we are authorised to demand compensation instead of the delivery, and withdrawal, after the fruitless expiry of an appropriate period. If we demand compensation, the supplier is entitled to prove to us that he is not responsible for the breach of obligation.


Sect. 5 Transfer of risk – packaging costs

(1) Unless otherwise stipulated upon order confirmation, delivery "ex works" is agreed for our delivery. The delivery from the suppliers to us should be carriage free, unless otherwise agreed in writing.

(2) Separate agreements apply for taking back packaging.

(3) If a customer wishes, we will cover the delivery with transport insurance; any costs incurred are borne by the customer.


Sect. 6 Liability for defects
I. Contractual relationship with the customer

(1) Claims for defects by the customer, require that his obligation for investigations and notification of defects, is properly complied with, in accordance with sect.377 German Commercial Code.

(2) If there is a defect in the purchased item, we have the right to rectification of our choice, in the form of elimination of defects, or delivery of a new defect-free item. In the case of rectification, we only bear the required expenses up to the amount of the purchase price, and only - if these do not increase as a result - if the purchased item has to be taken somewhere other than the place of fulfilment.

(3) If the rectification fails, then the customer is authorised to demand their choice of withdrawal or reduction.

(4) We are liable according to the legal regulations, if the customer enforces a compensation claim, which is based on intent or gross negligence, including intent or gross negligence by our representatives or subcontractors. If we are not blamed for an intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damages.

(5) We are liable according to the legal regulations, if we culpably breach a significant contractual obligation; however, even in this case, the liability for damages is limited to the foreseeable, typically occurring damages.

(6) Liability due to culpable loss of life, physical injury or harm to health, remains unaffected; this also applies for the compulsory liability in accordance with the product liability law.

(7) Unless otherwise regulated above, liability is excluded.

(8) The statute of limitations for claims for defects is 12 months, calculated from transfer of risk.


II. Contractual relationship to suppliers

(1) We are obliged to check the products for any quality or quantity deviations, within an appropriate period; the notification is on time, if it is received by the suppliers within a period of five working days, calculated from receipt of goods, or from discovery, in the case of hidden defects.

(2) We are entitled to the legal claims for defects without restrictions; in any case, we have the right to demand a choice of rectification of defects, or delivery of a new item. The right to compensation, in particular compensation instead of the service, is expressly reserved.

(3) We are authorised to carry out the rectification of defects ourselves, at the cost of the suppliers, if the supplier is in default.

(4) The statute of limitations is at least 36 months. Incidentally, the legal regulations apply.


Sect. 7 Product liability, exemption, liability insurance protection

(1) If the supplier is responsible for product damage, he is obliged to grant us exemption from third party liability claims, on the first request, as the cause is in his domain and organisation area, and he is liable externally himself.

(2) In the scope of his liability for cases of damages, in the sense of para. (1), the supplier is also obliged to reimburse any expenses in accordance with sects. 683, 670 German Civil Code or in accordance with sects. 830, 840, 426 GCC, which arise from or in connection with a recall action carried out by us. We will report to the suppliers about content and extent of the recall measures to be carried out - if possible and plausible – and give them the opportunity to make a statement. Other legal claims are not taken into consideration.

(3) The supplier is obliged to maintain a product liability insurance policy, with a cover sum of €10 mil. per personal injury / material damages – flat rate - for the duration of this contract, i.e. until the relevant expiry of the statute of limitations for defects; if we are entitled to further compensation claims, then these remain unaffected.


Sect. 8 Overall liability

(1) Further liability for compensation than provided in sect.6, is ruled out – without consideration of the legal nature of the claim made. This particularly applies to compensation claims due to culpability on drawing up the contract, due to other breaches of obligations, or due to tortious claims for compensation of material damages, in accordance with sect.823 GCC.

(2) The limitation according to sect. (1) also applies, if the customer demands a compensation claim for damages, instead of the service to replace wasted expenses.

(3) If liability for damages is ruled out or limited for us, this also applies with regards to the personal liability for damages of our staff, workforce, employees, representatives and subcontractors.


Sect. 9 Security of retention of ownership, confidentiality

(1) We reserve the right to retain ownership of the purchased item, until receipt of all payments from the business relationship with the customer. In the case of behaviour by the customer that is in violation of the contract, in particular default of payment, we are authorised to take the purchase item back. If we take back the purchased item, this constitutes a withdrawal from the contract. After taking back the purchased item, we are authorised to use it. The proceeds of use should be credited against the liabilities of the customer – less the relevant utilisation costs.

(2) The customer is obliged to treat the purchased item with care; in particular, he is obliged to sufficiently insure it against damage by fire, water and theft, at the replacement value, at his own cost. If maintenance and inspection work is required, the customer must have this carried out in good time, at his own cost.

(3) In the case of garnishment, or other interventions by third parties, the customer must immediately inform us in writing, so that we can file a law suit in accordance with sect.771 Code of Civil Procedure. If the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with sect.771 Code of Civil Procedure, the customer is liable for the default incurred by us.

(4) The customer is authorised to sell the purchased item on, in the ordinary course of business; however, he assigns all accounts receivable to us now, to the sum of the final invoice amount (including VAT) of our accounts receivable, which arise for him from the resale to his customer or third party, regardless of whether the purchased item was resold without or after processing. The customer remains authorised to collect this accounts receivable even after assignment. Our authorisation to collect the accounts receivable ourselves, remains unaffected by this. However, we are obliged not to collect the accounts receivable, if the customer complies with his payment obligations from the received profits, does not fall into payment default, and in particular, no application is made to open a settlement or insolvency procedure, or cessation of payment occurs. However, if this is the case, then we can demand that the customer informs us of the assigned receivables and their debtors, provides all the required details for collection, hands over the accompanying documents, and informs the debtors (third parties) of the assignment.

(5) The processing or restructuring of the purchased item by the customer, is consistently carried out for us. If the purchased item is processed with other objects, that do not belong to us, then we acquire co-ownership of the new item in relation to the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. For the item that arises through processing, the same applies as for the purchased item delivered with reservations.

(6) If the purchased item is inseparably blended with other items that do not belong to us, then we acquire co-ownership of the new item, in relation to the value of the purchased item (final invoice amount including VAT) to other blended items, at the time of blending. If the blending is carried out in the way that the item of the customer is to be seen as the main item, then it is deemed to be agreed, that the customer transfers proportionate co-ownership to us. The sole ownership or co-ownership that arises in this way will be kept safe for us by the customer.

(7) The customer also assigns us the receivables to secure our receivables against him, which occur against a third party through the connection of the purchased item with a property.

(8) We are committed to release the customer from the securities due to us, on request, when the realisable value of our securities exceeds the receivables to be secured by more than 10%; we are obliged to select the securities to be released.

(9) The supplier is obliged to keep all diagrams, drawings, calculations and other documents and information that he receives, strictly confidential. They can only be shown to third parties with our express authorisation. The confidentiality obligation also applies after completion of this contract; it expires if and when the production knowledge contained in the diagrams, drawings, calculations and other documents, becomes generally known.


Sect. 10 Intellectual property rights

(1) The supplier guarantees, that no third party rights in connection with his delivery will be infringed within the Federal Republic of Germany, in connection with or due to the delivery.

(2) Therefore, if a third party makes claims against us on such grounds, then the supplier is obliged to release us from these requirements, on the first written request; we are not authorised to make any agreements without the consent of the supplier, particularly to enter into a settlement.

(3) The exemption obligation of the supplier relates to all expenses, which we incur from or in connection with a claim by a third party if necessary, if the supplier does not prove that he is not responsible for the underlying breach of obligation for the infringement of intellectual property rights.

(4) The statute of limitations for these claims is three years, starting with the transfer of risk.


Sect. 11 Place of jurisdiction – place of fulfilment

(1) If the customer or supplier is a businessman, our headquarters is the place of jurisdiction; however, we are authorised to sue the customer or supplier at the court of their place of residence.

(2) The law of the Federal Republic of Germany applies; the validity of UN purchase law is ruled out.

(3) Unless otherwise stated upon order confirmation, our headquarters is the place of fulfilment.