1. General

This terms and conditions become in the formal contract between LebenTech and the customer once both parties acknowledge the document by signing it at the bottom.

All deliveries and performance of ‘LebenTech’ are exclusively executed according to these General Terms of Business (GTB). Anything different from these GTB, only apply if they are explicitly and in writing confirmed by ‘LebenTech’ before the contract is concluded.

Any other communications different to this contract will not be valid unless there is a formal signed document by LebenTech authorised representative. The workers of ‘LebenTech’ are not authorised to give legally binding declarations, e.g. promises concerning certain terms of delivery. Minor differences from the product data are to be regarded as permitted.

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2. Offer and Conclusion

All offers are non-binding and subject to alteration and are executed with the reservation of self-delivery in so far as ‘LebenTech’ offers goods taken from third parties. The conclusion of the contract starts when ‘LebenTech’ confirms its order in writing after the first payment from the customer has been confirmed by LebenTech to be in to its account and will finalised after the warranty period offered by LebenTech is reached and/or LebenTech decides that the contract is no longer valid and can prove that the decision has been made due to reasons not related to LebenTech performance but issues related and under the control of the customer or his contactors.

Information about performance provided by ‘LebenTech’ in price lists, catalogues, advertising media, etc., represents no offers. Verbal information, supplementary agreements and all other declarations and promises of any kind provided by ‘LebenTech’, also in connection with settling complaints, are invalid provided they are not confirmed by ‘LebenTech’ in writing as agreed before the conclusion of the contract. Alterations or supplements to the contract including the GTB must be submitted in writing to come into legal force. This also applies to the cancellation of this rule of writing. The workers of ‘LebenTech’ are not authorised to give legally binding declarations, e.g. promises concerning certain terms of delivery. Minor differences from the product data are to be regarded as permitted.

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3. Prices

The charge is based on the price valid on the day of the order including all cost of import and administrative matters, plus tax in the respective legal amount. Offers are based on AUD and ‘LebenTech’ is entitled to additionally charge the rate increase at any time prior to sign the contract however will need to notify the customer. Services, in particular maintenance, repairs, installations and training will be charged by ‘LebenTech’ according to a valid hour rate if those are required in a period out of the warranty time. Hardware and expansions are not covered by the warranty therefore any addition after the contract is sign will incur in additional costs to be covered by the customer.

The costs of program carriers (e.g., CD’s, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) as well as any contract fees shall be billed separately if applicable.

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4. Any services requiring SMS, email or call from the system will incur in standard charges to the customer and LebenTech has no control on this.

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5. The first design session with a customer (1 hour or open under discretion of LebenTech’s representative) will be free of charge and with the aim to design the tailored solution for the project however if the customer requests changes in design after an agreement has been reached or for any other reason caused by the customer any other design meeting is required, the charges for this new meeting(s) will be covered by the customer. All other services (organizational consultancy, programming, training, support during changeover, telephone advisory services) will be charged at the rates in effect on the day the services are performed. Deviations from the amount of time calculated as being required for the work (which serves as the basis for the price calculation) and for which the seller is not responsible, shall be charged according to the actual time spent. The costs for travel, per diem, and overnight accommodation costs, if any, shall be invoiced separately to the customer according to the valid respective rates. Transit time is to be considered as work time.

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6. All customers have a 6 month or 6 x 1 hour sessions (Whatever happens first) free support period for training, programing and advisory. After this time the service will be charged to the customer.

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7. Fulfilment of deliveries and performance

Delivery terms are non-binding and do not start before the clarification of all requirements for the discussed solution, this is right after the contract and final design have both been signed. This also applies to terms in connection with dealing with warranty cases and other performance. Delivery delays that ‘LebenTech’ cannot justify, do not entitle the customer to enforce claims of warranty, error appeal or compensation. Partial installations are allowed.

 

LebenTech will not cover defects of operation and damages caused by

natural events and other events that are out of sphere of influence of ‘LebenTech’.

 

9. Delivery delays and others caused by subcontractors, entitle ‘LebenTech’ to

prolong the delivery periods or to cancel the contract while claims of warranty, error appeal and compensation are excluded. This also applies to events that occur when ‘LebenTech’ is in arrears.

 

10. Possible defects – deviations from the written performance specifications – are to be reported to the LebenTech team with sufficient information and explanation of what is wrong. LebenTech shall make efforts to correct the defects as quickly as possible (within the following 24 hours).

 

11. Should it prove in the course of the work to be impossible, actually or legally, to complete the order in line with the performance specifications, it is the responsibility of LebenTech to immediately inform the customer thereof. If LebenTech does not change the performance specifications accordingly or create the conditions to make completion of the order possible, the customer can reject the order. If the impossibility of carrying out the order is due to an omission on the part of the customer or to a later change by the customer in the performance specifications, it is under discretion of LebenTech to withdraw from the order and charge the customer with any cost related to this missed opportunity. The customer is to reimburse LebenTech all the costs and fees that have come due for the work as well as any dismantling costs.

 

12. If the LebenTech solution is to be dismantled or removed from the customer’s premises due to any reason out of LebenTech’s control or due to failure to stick to the contract by the customer or changing mind from the customer after signing this contract, the customer must cover the cost of this operation plus any opportunity cost caused to LebenTech and the customer will also be responsible to reconnect the premises to the normal or any other electrical system training will be provided for free to the customer at the commissioning meeting and during the 6 moths training period mentioned before should the customer wish further training and education, after this, the customer will be billed separately or will be LebenTech’s discretion to provide some further training for free insurance will be taken out only at the request of the customer and the customer will pay for it separately, LebenTech does not include an insurance service LebenTech is to endeavour to keep as closely as possible to the agreed dates for completion of the order. The targeted completion dates can only then be met if

The customer makes available to LebenTech in full, on the dates established by LebenTech, all the necessary preliminary work and documents, especially the performance specifications required and if 2) the customer fulfils his obligation to cooperate to the extent required. Delays in delivery and cost increases that result from incorrect, incomplete, or subsequently changed data and information or supporting documentation provided to LebenTech, are not the responsibility of LebenTech and cannot result in the LebenTech being in default of delivery. Additional costs so arising are to be borne by the customer. In the case of orders that encompass a number of units or programs, LebenTech is entitled to make partial deliveries and to submit partial invoices. Cancellation by the customer is only possible with the written agreement by LebenTech and at no cost just within the following 2 days after signing the contract. If LebenTech agrees to the cancellation, it is entitled to charge not only for services rendered and accrued costs, but also a cancellation fee that represents 30% of the value of the total order not yet installed.

 

13. Right to Cancel

You’re right to cancel an order

You have got the right to cancel any order without giving a reason within the first 2 days form the point of final design sign off. Cancellation must be made in writing (email, letter or fax) during this period. Please direct all cancelation requests to: LebenTech 76 St Hellier St Heidelberg Heights Vic 3081 diegop@lebentech.com.au alexr@lebentech.com.au Tel. 0414141981

Process of cancelation

If the customer decides to cancel the application within the following 2 days of the final design meeting where final solution has been agreed, the cancelation will not have any cost however any cancelation after this day will incur on 30% of the total value of the agreed solution plus any opportunity cost caused to LebenTech due to this cancelation

If the cancelation request is made after any product has been delivered and/or installed to/in the customer’s premises, the customer will still need to pay the 30% cancelation fee and also must return any items otherwise the customer must also pay the cost of the single items delivered/installed. Partial returns are not accepted, the customer will also cover any cost related to connecting the premises to the traditional conventional system

 

14. It is the responsibility of the Customer to pay for the return postage of the items and ensure their arrival (proof of delivery required). All returns have to be made within 5 days of stating your intention to cancel the order otherwise LebenTech will assume that the goods will not be returned and the customer will have to pay for the full value of the items on top of the already 30% fee for late cancelation

 

15. Warranty and liability

As the application or at least some parts of it can be installed at the customer’s premises while there is still construction going on and no one is living at the premises, it is responsibility to the customer to ensure that LebenTech’s solution and equipment are safe and in the event of any stolen and/or broken part(s), it is responsibility of the customer to pay for it and will also have the responsibility on any delays caused for the project due to the mentioned event The installed system is robust and secure and will require your personal information and access pins to be able to be operated however in the unlikely event of a hacker(s) accessing your system, LebenTech is not responsible and will not take any legal responsibility for this acts and the consequences it may bring, it is the customer’s responsibility to control and use his/her personal information securely The customer is responsible to inspect the system on commissioning and certify that all has been installed as per agreed during the final design sign off. The warranty of the product and installation will start from the day of commissioning and if the customer does not attend to this meeting, LebenTech is entitled to sign off as fully comfortable with the final result of the solution Complaints about defects are to be enforced by the customer in writing immediately, however, within a week following the commissioning of the solution at the latest, while other warranty and damage compensation claims are excluded. Complaints about defects are no reason to keep back partial or total sums of invoices.

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15.1 Warranty period

The following rule is applicable:

LebenTech can offer the customer to install a replacement part which could be new or second hand, upon the customer’s written approval or email with clear identification stating that either option which is selected with new appliances, the warranty period lasts 18 months starting from the commissioning point, while with used ones the legal warranty rights are excluded. This does not apply if something different was agreed upon in writing.

The warranty period runs from the moment of the commissioning of the application. A relevant (6 month) prolongation of the warranty period applies to the part repaired if the part used is new. An inhibition or interruption of the warranty period if the customer changes or modify any of the hardware used as part of the application unless there is written authorisation from LebenTech agreeing the customer to perform the modification themselves or by a third party. Improvement attempts are no acknowledgement and do not bring about a prolongation of the warranty period unless a new part is used and then the extended 6 month warranty period will be applicable to just that new part introduced. The same applies to improvements that were carried out in a fair manner, i.e. without the recognition of the legal duty. In the event of partial deliveries, the warranty period starts with the installation of the particular part.

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15.2 Mode of complaints; Returns

The customer is to enforce his warranty or compensation claims exclusively by keeping to the mode of complaints as given in the following: to enforce one’s warranty claims the number and date of the invoice, and the defect needs to be stated and is to be handed in or sent to ‘LebenTech In the event of sending the product complained about (Send-In Service), the costs for the transport will be covered by the customer as well as the risk of a possible loss or of a delay during the transport and for that reason, concluding appropriate insurance is recommended.

If the mode was not kept as agreed upon, the claimed goods will be returned without being dealt with and a standard treatment fee amounting to AUD 25.00 plus sales tax will be charged. If it turns out that no defaults are present on the claimed product or that the default data were given wrong, a standard fee for minimum treatment amounting to AUD 25.00 plus sales tax will be charged.

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1. Scope of warranty in the event of a justified complaint about defect, ‘LebenTech’ will first of all attempt to improve the faulty item, if need be, provide a replacement. If a complaint is made later than six months following the date of production, the amount of the possible repayment is calculated from the purchase price minus benefits of use. Only if the defect removal is refused unjustly in writing, despite the appropriate period, the customer is entitled to have the default removal carried out by a different company. It is generally assumed that a hardware defect or complain after the 18th  month of the warranty period is a matter of a common wear and tear that the customer is responsible for as well as for covering the fees incurred for installing a new part, and does not justify any warranty claims.

2. Warranty for parts subject to wear and tear, wrongful use Further, it is pointed out that for products, e.g. parts subject to wear and tear, the life of which is generally expected to be under the warranty period mentioned above or under a warranty period laid down by law, the warranty claims cannot be fulfilled within the entire warranty period. With accumulators, for example, the efficiency falls off after four (4) months of normal use, and therefore warranty claims for accumulators, especially those concerning efficiency, can basically be accepted for four (4) months following the commissioning. For the same reasons, warranty claims concerning the picture quality of LCD displays cannot be accepted more than ten (10) months following the commissioning.

3. This warranty covers any Loxone equipment however each part of the equipment used and produced by other manufacturers in and out of Australia will have the warranty that each of those specific products have based on the manufacturer specifications.

4. The system requires a clean-up every year and it is responsibility of the user to ensure this is done. LebenTech will provide this service at the customer request and will endeavour to contact the customer to remind them of this important need. The cost of this will be the cost of 1 hour work for LebenTech which will be calculated at a fair and current hourly rate.No warranty claims can be accepted for products that

   1. Using the product for a purpose for which they were not intended, non-observance of the notes for the user contained in the Instructions for Use and/or in the warranty Certificate or the repair and service card delivered together with the product and kept within LebenTech’s records, or by any other incorrect use of the product, e.g. if the contractually provided goods were operated together with such devices or programs the compatibility of which was not explicitly confirmed by ‘LebenTech’,

   2. Changing the product,

   3. Attempts to repair the product by a third person, i.e. not by ‘LebenTech’ or a service partner authorised by ‘LebenTech’,

   4. Improper transport or improper package for the return of the product to ‘LebenTech’

   5. Improper installation of products provided by third persons (e.g. memory modules).

   6. Parts are missing.Cession of warranty and compensationLimitation of liability

   7. Compensation and error appeal claims that result from a possible faulty installation or an improper execution of another performance of ‘LebenTech’, e.g. in connection with carrying out warranty repairs, are explicitly excluded; in particular any liability for loss of data. The liability limits stated above do not apply in the event that the damage resulted from our intention or gross negligence; they do not apply to personal injury if a transaction for a delivery by a fixed date was agreed upon, further if damage results from the absence of a quality that we have warranty, and they do not apply to claims based on the law of product liability

   8. The cession of warranty and compensation claims and others is impossible. If the customer enforces warranty claims or withdraws from the contract, he/she is to furnish ‘LebenTech’ an appropriate compensation for the use as well as indemnification for the reduction in value of the performance.

   9. Warranty for programming services and software products Notices of defects are valid only if they concern defects that are reproducible and if they are submitted within 2 weeks after commissioning the agreed solution or, in the case of custom-designed software, after acceptance of the program in accordance with point 4, and documented in writing. If the notice of defects is justified, the defects are to be remedied within an appropriate period of time, and the customer is to make available to the LebenTech all the information required to investigate the problem and remedy the defects.Limited product warranty

   10. If ‘LebenTech’ warranty certain goods to be free from defects in material and treatment given in the warranty Certificate enclosed to the product, under certain conditions for a warranty period laid down, the warranty is a limited product warranty, which grants the customer the rights stated in the warranty declaration but which does not limit the lawful warranty claims of customers according to the legal regulations of the country in which the product was installed. It is explicitly pointed out that all warranty claims granted by ‘LebenTech’ within the framework of a limited product warranty, exclusively exist under the limits and exclusions referred to in the warranty certificate and in the following:

   11. Software upgrade will be provided free of charge, the only cost the customer will have to cover for this is the cost of the time the technician is at the place performing the upgrade and this will be done at a reasonable rate Terms and additions, which, before the agreed work is signed and handed over, prove to be necessary because of organizational deficiencies or technical deficiencies in the program, and for which the seller bears responsibility, are to be carried out free of charge by LebenTech. The costs for support provided, diagnosis of errors, remedying defects and failures that are the responsibility of the customer, as well as other corrections, revisions and additions are to be carried out by the customer unless any of those is covered by the warranties. Warranty will not apply if the remedying of errors when program revisions, additions or other interventions have been carried out by the customer himself or by a third party. Furthermore, LebenTech assume no warranty for defects, failures or damages that are due to improper use, altered components in the operating system, interfaces and parameters, the use of inappropriate organizational resources and data carriers, insofar as these are stipulated, unusual operating conditions (particularly deviations from the installation and storage provisions) or damage during shipment. For programs that are subsequently altered by programmers of the customer or by third parties, any existing warranty of the seller’s is no longer applicable. Insofar as the subject of the order is the revision or supplementation of existing programs, the warranty covers the revision or supplementation. The warranty for the original program does not thereby again come into effect.

   12. No warranty claims can be accepted for products that were damaged or made unable to operate 1) by using the product for a purpose for which they were not intended, non-observance of the notes for the user contained in the Instructions for Use and/or in the warranty Certificate delivered together with the product, or by any other incorrect use of the product, e.g. if the contractually provided goods were operated together with such devices or programs the compatibility of which was not explicitly confirmed by ‘LebenTech’, by changing the product, by attempts to repair the product by a third person, i.e. not by ‘LebenTech’ or a service partner authorised by ‘LebenTech’, by improper transport or improper package for the return of the product to ‘LebenTech’ or a service partner of ‘LebenTech’, by incorrect handling or as a result of mechanical load (such as percussions, dropping, high pressure or similar), by improper installation of products provided by third persons (e.g. memory modules), as well as for products that ‘LebenTech’ obtained from a sub supplier about whose property court proceedings due to insolvency was initiated at the time of the enforcement of the warranty claims, or such proceedings were imminent. The warranty period is basically four (4) months for accumulators and ten (10) months following the delivery for LCD displays.

   13. Warranty performance can only be claimed according to the particular mode laid down in the warranty certificate: bring-in service, send-in service, etc.

   14. If a complaint about defects is lodged within the framework of the limited warranty during the guarantee period agreed upon, ‘LebenTech’ will, at his own discretion, remove the claimed defects, exchange the faulty parts or issue a credit note about the purchase price; as far as the amount of a possibly issued credit note is concerned. The warranty period will be neither prolonged nor interrupted by improvements or attempts to carry out an improvement. The enforcement of further claims by the customer, particularly claims based on possible concomitant and resultant damage within the framework of the warranty settlement is explicitly excluded, in any case, however, it is limited to deliberate or grossly negligent acting or default of ‘LebenTech’. The fault is to be proved by the customer, as far as it is lawfully admissible. Possible claims are limited with the simple net value of the goods and the maximum sum amounting to a total of AUD 5,000.00. A liability for the loss of business opportunities, data or programs is excluded in any case.Installation regulations and other technical regulationsLiability according to the product liabilityCopyright and useReservation of proprietary rights; Right of retentionIf the customer does not meet any of his commitments or if he/she stops any payments, the outstanding debt becomes payable despite a later maturity of the bill of exchange. In this event, ‘LebenTech’ is entitled to require the immediate return of the goods sold or repaired, while all rights of retention remain excluded. After taking these objects back, it is within LebenTech’s discretion either to sell the objects and to credit the achieved proceeds minus the sale expenses, to the customer’s other existing commitments, or to take back the goods at the purchase price minus a possible reduction in value.Payment conditionsCommonwealth BankAccount : 10415188 LebenTech will order the goods required for the agreed solution after this first payment is confirmed to be in the LebenTech’s account, the customer will require to perform a second payment which will be equal to the 20% of the total value of the agreed solution, once this payment is done and confirmed to be in LebenTech’s account, LebenTech will start the installation process at the customer’s premises, a third and final payment for the remaining value of the solution will need to be performed by the customer within 5 working days after the commissioning meeting and upon agreement of the agreed solution performance.Payment on the agreed-upon dates is an essential condition for delivery and for fulfilment of the contract by the seller. Failure on the part of the customer to comply with the agreed payment schedule entitles the LebenTech to discontinue current work and to withdraw from the contract. All costs connected therewith as well as loss of profit are to be borne by the customer. The customer is not entitled to withhold payment because of incomplete total delivery, warranty claims, or complaints.If any of this payments is not done on time, LebenTech has the right to cancel the contract and charge the customers for any costs up to that stage or apply 15% penalty fee to the cost of the solution, LebenTech is entitle to remove the equipment or shut down the system at any time if payments are not done on time and charge the customer for any loss in revenues.

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6. The ideal situation to be the customer and LebenTech to sign off on mutual satisfaction of the performance of the whole installed application however LebenTech has the right to decide by themselves if the equipment is installed and working under expected performance if, 1) The customer does not attend at the commissioning meeting and LebenTech is comfortable that the system meets the expected performance agreed on the final design. 2) Even with the disagreement from the customer, if LebenTech can show that the system meets the expected performance agreed at the final design sign off

7. LebenTech will not initiate any import of equipment requested by the customer during the design sign off until bank confirmation of first payment from the customer is in LebenTech’s account.

8. LebenTech is entitled to remove the equipment or stop any process at any stage if the customer does not meet the requirements and/or timelines explained on this document and the customer will be responsible for any cost that this decision may involve ‘LebenTech’ is entitled to deliver the goods only with advance payment or COD. In case of a delay, regardless of who is to blame (different to LebenTech), interests payable on arrears amounting to 1.5 per cent per month are agreed upon. The customer has to compensate for all costs arisen in this way, e.g. out-of-court costs for payment requests, collection and lawyer. Cession bans and analogously identical General Terms of Business (GTB) of the customer are ineffective. If a deterioration in the financial circumstances of the customer takes place, or if circumstances which could diminish his credit worthiness become known after the contract was concluded, all claims will become payable immediately. Further deliveries are only carried out against advance payment. LebenTech is also entitled to charge the payments already made to the costs incurred for interests, payment requests, collection and lawyer. In any case, the payments made will be basically charged for our oldest claims, regardless of the fact that the payment reason is explicitly different. Contrary remarks regarding this, on receipts or other documents of the customer will become ineffective. Employees of ‘LebenTech’ are not authorized to receive payments unless the contrary is explicitly agreed upon in writing. The customer is not entitled to settle the claim of any possible kind, unless they are explicitly acknowledged by ‘LebenTech’ in writing, or judicially established as legally valid. Where orders encompass a number of units (e.g., computer programs and/or training sessions, completion in stages), the LebenTech is entitled to submit an invoice after the delivery of each unit or service.

9. After the first meeting with the customer, LebenTech will develop a proposal for the solution agreed and will present the total cost of the solution to the customer Pending on the customer and LebenTech’s agreement on cost of the solution, both parties will sign this contract and the customer must deposit an agreed value (60% of the total value of the agreed solution) to LebenTech’s account whith the next following 5 business days after this contract is signed.

10. BSB: 063-184

11. Payments are to be done in to LebenTech’s account as per below instructions

12. To safeguard the claims of ‘LebenTech’ and also to safeguard the claims from other legal transactions, ‘LebenTech’ is entitled to keep back the things taken over for repair until all open claims are settled, including the claims from the legal transaction in question. In any case, ‘LebenTech’ is not obliged to carry out the repair as long as the customer has not settled the open claims.

13. The goods remain the property of ‘LebenTech’ until all outstanding claims, no matter for what legal reasons (also from previous transactions), are paid in full. With a current account, the reserved property is valid as security for the debit balance. The enforcement of the reservation of proprietary rights does not mean a withdrawal from the contract and does not cancel the customer’s duties, particularly the payment of the purchase price or of the compensation for repairs. During the existence of the reservation of proprietary rights, a disposal, treatment, pledge, transference of security or any kind of disposing of the goods bought or repaired to a third person is inadmissible. If the property is seized or damaged by a third person, we are to be informed by the contract customer immediately. The customer is obliged to compensate for the costs and measures for the removal of the interference, particularly the intervention process costs, e.g. removal proceedings, and others like that. The customer is obliged to take due care of the objects belonging to ‘LebenTech’ for all the time that the reservation of proprietary rights lasts. In the event of enforcement of the reservation of proprietary rights, the customer is to compensate for a possible reduction in value, regardless of who is to blame, and to pay an appropriate compensation for the use. No title to the objects partly or wholly manufactured shall accrue to the customer through processing of these goods: such processing is undertaken without consideration exclusively on behalf of LebenTech. If the retention of title should nevertheless expire for any reason whatsoever, LebenTech and the customer now agree that title to the goods so processed shall pass to LebenTech, who shall be responsible for their transfer. The customer remains their custodian without any claim to consideration. When goods which are still the property of another are processed, LebenTech acquires joint ownership (a property interest) in the new goods. The extent of such joint ownership is in proportion to the invoice value of the goods supplied by LebenTech to the invoice value of the remaining goods.

14. LebenTech is entitled to all copyrights on the agreed services (programs, documentation, etc.). The customer obtains only the right to use the software after payment of the agreed remuneration strictly for his own purposes, only with the hardware as specified in the contract, and, in accordance with the number of licenses acquired, simultaneously at different workplaces. By this contract the customer acquires merely the authorization to use the software. Further distribution of the product by the customer is not permitted, as per the copyright law. The customer does not by virtue of participating in the production of the software acquire any rights beyond its use as set forth in this contract. Any infringement of the copyrights of the seller will result in the right to claim damages, in which case the seller is entitled to full satisfaction. The customer is permitted to make copies for archival and data backup purposes only on condition that the software does not contain an express prohibition on the part of the licensor or a third party and that all notices of copyright and ownership are transferred unchanged into these copies. Should the disclosure of the interfaces be necessary to produce the interoperability of the software covered by this contract, LebenTech is to request this of the customer with remuneration of costs. Misuse will result in claims for damages.

15. LebenTech explicitly waives the enforcement of compensation claims for material damage that he suffers within the framework of his business. In case the customer passes or allow any LebenTech product to be operated by a third party, LebenTech will not have any more warranty on the product and will not have any social or product liability for anything related to the mismanaged product

16. When using the delivered or repaired goods, the installation, operating and other technical instructions and notes are to be observed. ‘LebenTech’ takes no liability for damage of any kind arising as a result of overloading or improper treatment, operation, installation and others like that. A liability or guarantee for the compatibility with other products or systems or for a certain purpose of use is excluded. Further, ‘LebenTech’ has no kind of duty of warning or explanation, and any kind of liability and guarantee lapses in this respect.

17. Where damaged or made unable to operate by:

18. Loyality, protection of data privacy, (nondisclosure) the contract obligate themselves to reciprocal loyalty. They will not hire away staff or employ, including by way of third parties, staff of the other party to the contract who have worked on the realization of the projects. A party to the contract in violation of this clause is obliged to pay lump-sum damages in the amount of one annual salary of the employee. LebenTech obligates his employees to observe the provisions of the Data Privacy. Read more below

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20. Data control

LebenTech, LebenTech at 76 St Hellier St, Heidelberg Heights, Vic 3081. diegop@lebentech.com.au or alexr@lebentech.com.au Tel. 0414141981 is responsible for the collection, processing and use of your personal data. If you wish to lodge a complaint concerning the collection, processing or use of your data by LebenTech, whether relating to the regulations for data protection generally or to more specific cases, this can be done by email, fax or by post. Your personal data will then be deleted, provided that no legal obligation exists to keep them, if you have made a valid cancellation claim, if the data are no longer necessary for achieving a target which constitutes the aim of the data storage itself, or if the storage of your data is otherwise legally inadmissible.

 

Collection, processing and use of personal data

24.1.1   Personal Data

Personal data are details concerning factual or personal conditions pertaining to a identified or identifiable physical person. This includes, for example, your name, your telephone number, your signature, as well as numerous inventory data which you share with us upon opening a customer account with us.

24.1.2   Customer Account

In order to work with us you require a customer account. This customer account comprises personal data. These are stored in our data bank for later processing when logging in.

24.1.3    Collection, processing and use of your personal data

Data protection is a matter of concern for us. We therefore adhere closely to the regulations of the federal data protection law and the media law. We comply with the principle that data collection is for a specific purpose and collect, process and store your personal data only for the smooth completion of your purchase, potentially including later guarantees for our services department, technical administration as well as our own marketing goals. Your personal data are only forwarded to third parties or otherwise given over if this is necessary to the completion of the contract or the invoice, or upon your prior consent. In the context of order processing, the service providers we use (e.g. suppliers) receive the necessary data. The forwarded data may only be used by our service providers in order to perform their task. Any other use of this information is not permissible and would not occur with any of the service providers appointed by us. For your order we require your correct name, address and payment details.  We require your email address in order to confirm the receipt of your order with you and in order to communicate with you. Moreover, we use this for your identification (customer log-in). We also take data protection within the company most seriously. Our colleagues and our appointed service providers (e.g. suppliers) are bound to secrecy and adherence to the terms of the data protection law.

24.1.4   Use of your data for advertising purposes

Alongside the processing of your data in order to complete your purchase with Loxone, we also use them in order to communicate with you regarding your order, certain products or marketing campaigns and in order to recommend products or services to you, which could be of interest. You can always object to the use of your personal data for advertising purposes, whether in general or pertaining to individual cases. This can be done by contacting us via email or letter.

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25. Use of Cookies

Cookies are small text files which are used by websites in order identify regular users. Upon visiting our website, data which we receive from your browser during the visit are automatically stored in our log files (examples of browsers are Internet Explorer, Firefox, Safari etc.). This means that the IP address is identified and a cookie is stored on your computer. Thanks to these cookies we can also analyse how visitors use our website. We can therefore tailor the content of our website exactly according to the needs of our visitors.

Cookies used by LebenTech do not in any way receive information about you, but rather merely an identification number which is meaningless outside the context of LebenTech. Accepting cookies is not a prerequisite for visiting our website and our web-shop. However, we wish to point out that the use of our shopping basket function and the ordering of products requires you to accept cookies.

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26. Google Analytics

In order constantly to improve and optimise our offers, we use Google Analytics as a tracking technology.

Google Analytics is a service provider by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics makes use of cookies -text files – which are stored on your computer and, through Google, makes analysing how our offers are used possible. The information gathered with the cookies about the use of our website (including your IP address) is generally transferred to a Google server in the USA and stored there. We wish to point out that an anonymous registration of IP addresses is guaranteed on this website. On our commission, your IP address is therefore registered by Google merely in a shortened form, which guarantees anonymity and does not allow you to be identified. If IP anonymity is activated on this website, within the member states of the EU or in other states belonging to the European Economic Community your IP address will be shortened by Google beforehand. Only in exceptional circumstances will the full IP address be transferred to a Google server in the USA and stored there. Google continues to adhere to the data-protection terms of the “US-Safe-Harbor” agreement and is registered with the US Department of Commerce “Safe-Harbor” programme. Google will use the aforementioned information in order to evaluate your use of our website, to compile reports about website activity for us, and to provide us with further services related to the use of websites and the internet. In the context of Google Analytics, the IP address provided by your internet browser will not be merged with other data possessed by Google. A transferal of these data to a third party on the part of Google will only take place on the basis of legal regulations or in the context of the processing of order data. Under no circumstances will Google merge your data with other data compiled by Google.

By using this website you are declaring yourself in agreement with the processing of data gathered about you by Google, the data-processing strategy described above, and the aforementioned purpose of this action.

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27. Secure Data Transfer

Your personal data are put into code by digital security systems and transferred to us. Our website is protected by technical measures against damages, destruction or unauthorised access.

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28. Changes to this data protection statement

We reserve the right to amend this data protection statement. If this occurs you will be notified by email.

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