General Terms and Conditions

of OVE Österreichischer Verband für Elektrotechnik (short: OVE) for delivery and payment of publications as well as for the use of the OVE-IEC-watchlist.

(Unauthorised English translation)

1. Scope of applicability

Any and all offers and contracts of OVE shall be submitted or concluded on the sole basis of these Terms and Conditions; any conditions of the contracting partner (customer) that are contrary to or deviating from these Terms and Conditions shall not be recognised. It is generally not possible to work out individual or different terms and conditions.

2. Conclusion and termination of contract

OVE commits to accept customer orders on the terms published. In case of writing, printing and calculation errors OVE is entitled to withdraw from the sale. Instead of an order confirmation, the shipping of the goods or the delivery of the service by OVE concludes the contract.

As a rule, customer orders cannot be revoked; in particular, products delivered in conformity with contractual obligations shall be neither taken back nor exchanged. OVE is entitled to use the services of third parties in fulfilling a contract and shall also have the right to assign its contractual obligations to third parties with debt-discharging effect.

3. Copyright

a. General

Any and all works, in particular standards, publications, software and databases are protected by copyright. Reproductions (also, for example, forwarding by email) and adaptations (e.g. translations) of any kind are generally prohibited and are thus permissible only based upon explicit written consent of OVE (this is also applicable to internal reproductions unless the opposite is explicitly stated).

Copyright infringements shall be pursued in court, publicized and partner organisations shall be notified. The OVE website, its form and content are also protected by copyright.

b. Electronic Products

For an electronic product that has been purchased and downloaded through the OVE webshop, OVE grants the customer a non-exclusive and non-transferable right to use such electronic product on one computer (single workstation) in compliance with the purpose of the Agreement. The customer is entitled to make one printout per electronic product. Moreover, the customer is not entitled to copy, modify, edit the electronic product or parts thereof or make it available to third parties over the internet or otherwise. The documents can be downloaded for a period of 14 days after the date of purchase.

The online version is an exception to the abovementioned. The online version of a document can be accessed by the customer via his/her personal online account and it is made available for a period of 7 days after the day of purchase. The online version is provided in flash format, the download and print options are disabled. The user shall provide the requirements for using the data at his own cost and risk.

Please direct any inquiries regarding adaptation and reproduction in writing to:
Österreichischer Verband für Elektrotechnik, Eschenbachgasse 9, 1010 Vienna
E-Mail: verkauf@ove.at
Fax: +43 1 587 63 73-99

4. Liability

Any claims of a contracting partner of OVE for damages or other compensation, in particular due to delay in delivery or defective or incomplete performance, shall be precluded unless caused by intention or gross negligence on the part of OVE. Moreover, the amount of claims for damages shall be limited to the invoice amount for the good or service supplied or owed.

5. Retention of title

Goods supplied by OVE shall remain the property of OVE until payment (including incidental fees, if any) has been effected in full.

6. Prices

All prices stated by OVE shall be exclusive of VAT, shipping charges (handling, packaging and postage) and handling fees (expenses charged by third parties, courier service fees etc.). Cash discounts or other reductions – with the exception of member discounts – shall not be granted. If no UID number (VAT number) is stated, VAT will be shown on invoices also within the EU.

7. Risk and transport

For shipments, the risk shall pass to buyer upon transfer of goods to the carrier.

Any claims concerning damage occurring during transportation shall be directed to the carrier. If the place of performance or delivery is located in a foreign country, it shall be the customer’s obligation to effect customs and tax payments at their own expense.

8. Delivery and payment terms

Unless stated differently in the order, all standards shall be supplied complete with all parts. OVE shall be entitled to perform services only against prepayment or against cash on delivery. In case of cash on delivery shipments, invoice amounts shall be payable to the carrier upon handing over of goods; otherwise the due date stated on the invoice shall apply.

9. Data processing and data protection

In the course of its operations, OVE will use data processing equipment and store customer data to the extent this is necessary to perform its contractual obligations and permissible under the Privacy Act. By placing an order, customers give their express consent that the data transmitted to OVE will be stored and processed by computer for the purpose of advertising, consulting and market research. This data shall not be passed on to third parties.

For internet orders, OVE shall take care that an encryption process suitable securing data traffic is used. In particular, OVE shall ensure that customer data shall not be accessible to third parties, first and foremost that it shall be impossible for third parties to learn a cardholder’s name and credit card data at the same time.

10. Choice of law, jurisdiction

Only Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods as well as national and international conflict rules shall apply.

Any and all disputes between OVE and customers shall be decided exclusively by the court with subject matter jurisdiction at the place of residence of OVE, or, if so chosen by OVE, by the corresponding court with jurisdiction over a territory in which the customer has its headquarters, operations or assets. Place of performance shall be Vienna.

11. Miscellaneous

Should individual conditions of these Terms and Conditions prove to be or become invalid, shall this not affect the other conditions of the Terms and Conditions. In this case, the invalid conditions shall be replaced by such conditions which are valid and represent most closely the economic purpose.

General Terms and Conditions for IEC Documents

(These general terms and conditions only apply to purchases of IEC documents.)

THE IEC PUBLICATIONS AND RELATED INFORMATION ARE COPYRIGHTED. BY LOADING THESE DATA TO YOUR COMPUTER, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS SUCH MATERIALS.

1. License

1.1. Subject to the provisions contained herein and to the payment of all applicable fees, the International Electrotechnical Commission (comprising the IEC Central Office and/or IEC National Committees (hereinafter referred to as “IEC”)) grants you a non-exclusive, non-transferable license to the materials contained herewith (the “Product”). Your licensed rights to the Product are limited to the following:

1.1.1. This License Agreement does not convey to you an interest in or to the Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. You are permitted to make one paper copy for personal use. No other use, copy or excerpts from the content are permitted.

1.1.2. (a) Applicable to a single user license agreement: You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.2. (b) Applicable to a multi-user license (together with a separate agreement on the number of users): You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Concurrent use on several computers and use in a local area network or other network is only permitted under the terms of a separate agreement on the number of users. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.3. You acknowledge and agree that the Product is the property of IEC as the copyright owner identified on the front page of the Product, and is protected under Swiss copyright law and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the Product, including all intellectual property rights, are and shall remain with IEC.

1.1.4. You shall provide IEC or any designee of the IEC with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to co-operate with IEC and any of its designees to assure compliance.

2. Limited Warranty

2.1. IEC warrants for your benefit alone that, unless disclosed in the Product to the contrary, IEC can license the Product and all copyright and trademarks related thereto or therein, free and clear of any and all liens, claims and encumbrances.

2.2. The express warranties set forth in this Section 2 constitute the only warranties with respect to the Product and IEC makes no other representation or warranty or condition of any kind, whether express or implied (either in fact or by operation of law) with respect to any product, including, without limitation, with respect to the sufficiency, accuracy or utilisation of, or any information or opinion contained or reflected in, any of the Product. IEC expressly disclaims all warranties or conditions of merchantability or fitness for a particular purpose. No officer, director, employee, member, agent, representative or publisher of IEC is authorised to make any modification, extension, or addition to this limited warranty.

3. Indemnification

3.1. Neither IEC nor any agent, representative, publisher or distributor of the Product, or any of their respective directors, officers, employees, agents, representatives shall have any liability for, and you shall defend, indemnify and hold the IEC harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys’ fees) based upon or arising out of any injury or damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the Product by you and/or any of your directors, officers, employees, representatives, agents or contractors.

4. Limitation of Liability

4.1. You acknowledge that IEC’s obligations and liabilities with respect to the Product are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the Product (whether or not such use was consistent with the license granted hereunder) or any use created therefrom. Whether or not IEC has been advised of such possible use, neither IEC nor any of its representatives or agents, directors, officers, employees, agents, representatives shall be liable, whether under contract, tort (including negligence), or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors of any third party.

4.2. If at any time an allegation of infringement of any rights of any third party is made, or in IEC’s opinion is likely to be made, with respect to any of the Product, IEC may, at its option and at its own expense (i) obtain for you the right to continue using the Product, (ii) modify or replace the Product or any portion thereof so as to avoid any such claim of infringements, (iii) refund to you the License Fee. IEC shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Product supplied or offered to be supplied pursuant to this Section 4.2 or to otherwise cease using the Product. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4.2 hereof, IEC’s liability to you for damages pursuant to this Section 4.2, if any, shall not exceed the amounts of the License Fee paid by you for the Product subject to any such claim.

4.3. Section 4.2 states the entire liability of IEC with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Product.

5. Termination

This Agreement may be terminated immediately by IEC upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product and shall within ten (10) days either return file(s), if any, to IEC or certify in writing to IEC that the Product has been deleted from your computer and is eliminated from your premises and that the paper copy has been destroyed and no photo or other copies have been retained.

6. Governing Law

This Agreement shall be governed by the Laws of Switzerland and the courts of Geneva, Switzerland, shall be the forum for the settlement of disputes. Notwithstanding the foregoing, IEC expressly reserves the right to take legal action against you or otherwise to enforce its rights according to Swiss or local laws in your country of domicile or in any jurisdiction where a breach of this Agreement or an infringement of its rights may occur or may have had effect.

7. Miscellaneous

7.1. This Agreement constitutes the complete and exclusive agreement between IEC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorised representative of IEC and you.

7.2. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.

8. Export

You may not load or export or re-export any of the Product or any underlying information or technology except in full compliance with all Swiss and other applicable laws and regulations.

Use of the OVE-IEC-watchlist

The use of the OVE-watchlist is gratuitous. OVE shall not be liable for any misinformation that the customer may receive through the watchlist system. The customer uses this service at his own risk. OVE reserves the right to inform watchlist subscribers about other new publications, events/seminars or miscellaneous products and services offered by OVE. The customer data will exclusively be used for internal purposes and for the aforementioned promotional activities.

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