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Cookie Policy

Cookies

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Third-party Cookies

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For more information regarding third-party cookies, visit: http://www.youronlinechoices.com/

Privacy Policy

Privacy Policy

LOYTEC Group Privacy Policy

  1. Purpose

We are committed to safeguarding the privacy of the personal information that we gather from you concerning you as our customers (“you” or “customers”). In this Privacy Policy for Customers (this “Policy”) we explain:

  • what information we collect from you;
  • how we use that information; and
  • how you can get access, update or ask for removal of your information.
  1. The Application of this Policy

This Policy applies to your personal information and to the use of that personal information in any form – whether oral, electronic or written.

This Policy gives effect to Loytec’s commitment to protect your personal information and has been adopted by all of the separate and distinct legal entities that manage, operate, franchise, own and/or provide services to various Loytec’s legal entities. Those entities include Loytec Electronics GmbH and all of the separate and distinct legal entities that own the individual Loytec properties worldwide. References to “Loytec”, “Loytec Group”, “we” and “our” throughout this Policy, depending on the context, collectively refer to those separate and distinct legal entities, including the entity with which you have or may have a customer relationship.

  1. Information we collect

We collect information, mostly the information on your business card, and information you provide to us, in order to provide newsletters, technical supports, promotion activities, events, and product information to you.

We collect information in the following ways, including the device information:

  • Information you give to us. The personal information like your name, e-mail address, home address, telephone number, company name, company address and job position we ask you to fill in when you sign up for newsletters, request for technical support on our webpage, or request for back office services.
  • Your site location information. For the reason that our products can monitor building energy consumption; can use motion sensors to detect human movements; interface operation panels controlling building equipment, these products might indirectly collect your presence.    
  • Log information. When you use our services in some specific applications, we automatically collect and store certain information in server logs. This includes (but is not limited to):

the details of how you used our applications; telephony log information such as phone number, time and date of calls, duration of calls, routing information and types of calls; internet protocol address; time and date of your log in; and device information, including hardware and software settings.

  1. How we use information we collect

The information we collect from you is only used for providing you services upon your request.  Such services includes, without limitation, providing newsletters, promotion activities, events, product information (when you sign up for newsletter), technical support on using our products, repair and replacement services, back office management services, including without limitation, energy consumption monitoring, product and/or building maintenance and control services to devices that are installed in a building. 

We will ask for your consent to process your personal data before you subscribe to our services.  

  1. Data Transfer

Like most international businesses, we have centralized certain aspects of our data processing and administration in accordance with applicable laws in order to allow us to better manage our business. That centralization may result in the transfer of personal information from one country to another. For example, some personal information concerning you will be transferred to and processed by servers located outside the European Economic Area (EEA), such as Singapore and Taiwan.

When we transfer your personal information to a country outside the EEA that is not considered by the European Commission as providing an adequate level of protection to your personal data we will only transfer your personal data after having executed standard contractual clauses providing for appropriate or suitable safeguards with the data importer. Upon request you can obtain a copy of the relevant standard contractual clauses from Loytec by sending an email to the email address mentioned in section 6 below.

  1. Update, correction and deletion of  your personal data

Should you meet the requirements of article 16 of the General Data Protection Regulation (GDPR), you may inquire for change or deletion of the personal information we maintain about you by:

  • e-mail. You may e-mail to us at This email address is being protected from spambots. You need JavaScript enabled to view it.

When you send out request by e-mail, please be sure to include your personal information on your business card including your full name, company name, job position so we can ascertain your identity and the personal information we maintain about you. We may not disclose data that you are not entitled to receive under applicable laws (e.g., data revealing information about another individual). You may also update your user account data visiting: https://www.loytec.com/user/editaddress

  • clicking on the “unsubscribe” link. If you subscribe to newsletters with us, then you may find the “unsubscribe’ icon at the last paragraph of the newsletter. Click on “unsubscribe” icon and it will take you to the unsubscribe link. Should you wish to change your personal information, we kindly request you to send us an e-mail in the manner detailed in the previous paragraph “e-mail”.

Before we accept your request, we will do necessary identity check to ensure that you are the same person as you claim. When we have reasonable doubt that you are not the person you claim, we will reject your request directly. When we accept your request, the action we do for meeting your request is usually free of charge.

You may request that we correct, delete or stop processing, personal information that we hold about you on legitimate grounds by sending an email to the address set out above. If we agree that the information is incorrect, or that the processing should be stopped, we will delete or correct the information. If we do not agree that the information is incorrect, we will tell you that we do not agree and record the fact that you consider that information to be incorrect in the relevant file(s).

  1. How we share information

We do not share your personal information with any third parties that is outside Loytec Group unless one of the following circumstances applies:

  • With our service partners

Our service partners may provide services for us. We need to share your registered personal information with them in order to provide you services stated in section 4.

  • With our associated enterprises and affiliates

We may provide your personal information to our associated enterprises and affiliates, or other trusted businesses or persons to process or store your information for us.

  • For legal reasons

We will share your personal information with companies, organizations or individuals outside Loytec Group if we have a belief in good faith that access, use, preservation or disclosure of your information is reasonably necessary to:

  • meet any applicable laws, regulations, legal processes or enforceable governmental requirements;
  • enforce our services, including investigation of potential violations;
  • detect, prevent possible fraud, infringement of security or technical issues; and
  • protect against harm to our rights, property or data security, or other user’s/public safety.
  1. Information security

We work hard to protect your personal information from unauthorized access, alteration, disclosure or destruction of information that we hold. We restrict access to your personal information to our employees, contractors and service partners who need to know in order to process / provide services to you. We protect your personal information the same way as we protect ours from hacking, unlawful leaking, and any malice theft done by any third party. We will keep your personal information, until you unsubscribe our newsletter or when we accept your removal request in writing by e-mail.  

  1. When and to what this policy applies

This policy applies to services stated in section 4 offered by Loytec Group and its affiliates, associated enterprises.

This policy does not cover the commercial practices of other companies and organizations that advertise our service.

  1. Changes

Our policy may change from time to time. We will not reduce your rights under this policy without your explicit consent. We will post any changes in the newsletter, and if the changes are significant, we will provide a notice or an announcement on product webpage, or by a separate e-mail notification.

Effective Date: May 25, 2018


Cookie Policy

ALB FEEI E

General Terms of Delivery

issued by the Austrian Electrical and Electronics Industry Association (FEEI)

  1. Scope
    1. These General Terms shall govern legal transactions between business enterprises, namely the delivery of commodities and, mutatis mutandis, the rendering of services. Software transactions are with precedence governed by the Software Conditions issued by the Austrian Electrical and Electronics Industry Association, assembly work by the Terms and Conditions for Assembly Work issued by the Austrian Power Current and Light Current Engineering Industry and/or (where applicable) the Terms and Conditions for the Assembly of Electrical Equipment used in Medicine issued by the Austrian Electrical and Electronics Industry (the current versions are available at www.feei.at).
    2. Any departure from the terms and conditions mentioned in 1.1 above shall be valid only if expressly accepted in writing by Seller.
  2. Submission of offers
    1. Seller’s offers shall be deemed offers without engagement. Tender documents and project documentation must not be duplicated nor made available to third parties without the permission of Seller. They may be claimed back at any time and shall be returned to Seller immediately if the order is placed elsewhere.
  3. Conclusion of contract
    1. The contract shall be deemed concluded upon written confirmation by Seller of an order received or upon dispatch of a delivery.
    2. Particulars appearing in catalogues, folders etc. as well as any oral or written statements shall only be binding if Seller makes express reference to them in the confirmation of the order.
    3. Subsequent amendments of or additions to the contract shall be subject to written confirmation.
  4. Prices
    1. Prices shall be quoted ex works or ex Seller’s warehouse without VAT, packing and packaging, loading, disassembly, take-back and proper recycling and disposal of waste electrical and electronic equipment for commercial purposes as defined by the Ordinance Regulating the Handling of Waste Electrical Equipment. Buyer shall be liable for any and all charges, taxes or other duties levied in respect of delivery. If the terms of delivery include transport to a destination designated by Buyer, transport costs as well as the cost of any transport insurance desired by Buyer shall be borne by the latter. Delivery does not, however, include unloading and subsequent handling. Packaging materials will be taken back only by express agreement.
    2. Seller reserves the right to modify prices if the order placed is not in accordance with the offer submitted.
    3. Prices are based on costs obtaining at the time of the first quotation. In the event that the costs have increased by the time of delivery, Seller shall have the right to adjust prices accordingly.
    4. In carrying out repair orders, Seller shall provide all services deemed expedient and shall charge Buyer for the same on the basis of the work input and/or expenditures required. The same holds for any services or additional services the expediency of which becomes apparent only as the repair order is executed. In such an event special notification of Buyer shall not be required.
    5. Expenses for estimates of costs of repair and maintenance or for expert valuations shall be invoiced to Buyer.
  5. Delivery
    1. The period allowed for delivery shall commence at the latest of the following dates:
      a) the date of order confirmation by Seller;
      b) the date of fulfilment by Buyer of all the conditions, technical, commercial and other, for which he is responsible;
      c) the date of receipt by Seller of a deposit or security due before delivery of the goods in question.
    2. Buyer shall obtain whatever licences or approvals may be required from authorities or third parties for the construction of plant and equipment. If the granting of such licences or approvals is delayed for any reason the delivery period shall be extended accordingly.
    3. Seller may carry out, and charge Buyer for, partial or advance deliveries. If delivery on call is agreed upon, the commodity shall be deemed called off at the latest one year after the order was placed.
    4. In case of unforeseeable circumstances or circumstances beyond the parties control, such as all cases of force majeure, which impede compliance with the agreed period of delivery, the latter shall be extended in any case for the duration of such circumstances; these include in particular armed conflicts, official interventions and prohibitions, delays in transport or customs clearance, damages in transit, energy shortage and raw materials scarcity, labour disputes, and default on performance by a major component supplier who is difficult to replace. The aforesaid circumstances shall be deemed to prevail irrespective of whether they affect Seller or his subcontractor(s).
    5. If a contractual penalty for default of delivery was agreed upon by contracting parties when the contract was concluded, it shall be executed as follows, and any deviations concerning individual items shall not affect the remaining provisions:
      Where delay in performance can be shown tohave occurred solely through the fault of Seller, Buyer may claim for each completed week of delay an indemnity of at most one half of one per cent, a total of no more than 5 %, however, of the value of that part of the goods to be delivered which cannot be used on account of Seller’s failure to deliver an essential part thereof, provided the Buyer has suffered a damage to the aforesaid extent. Assertion of rights of damages exceeding this extent is precluded.
  6. Passage of risk and place of performance
    1. Unless otherwise agreed, the delivery of goods is considered sold EXW in accordance with INCOTERMS® 2010.
    2. For services, the place of performance shall be the place indicated in the written order confirmation, secondary to that at which the service is actually rendered by Seller. The risk in respect of such services or any part thereof shall pass to Buyer at the time the services have been rendered.
  7. Payment
    1. Unless otherwise agreed, one third of the purchase price shall fall due at the time of receipt by Buyer of the order confirmation of Seller, one third after half the delivery period has elapsed and the balance at the time of delivery. Irrespective thereof the turnover tax comprised in the amount of the invoice shall be paid within 30 days of the invoice date. If bankruptcy proceedings are instituted against the assets of Buyer or if an application for bankruptcy proceedings is not granted for insufficiency of assets, deliveries shall only be made against cash in advance.
    2. In the case of part settlements the individual part payments shall fall due upon receipt of the respective invoices. The same shall apply to amounts invoiced for additional deliveries or resulting from additional agreements beyond the scope of the original contract, irrespective of the terms of payment agreed upon for the principal delivery.
    3. Payment shall be made without any discount free Seller’s domicile in the agreed currency. Drafts and checks shall be accepted on account of payment only, with all interest, fees and charges in connection therewith (such as col- lection and discounting charges) to be borne by Buyer.
    4. Buyer shall not be entitled to withhold or offset payment on the grounds of any warranty claims or other counterclaims.
    5. Payment shall be deemed to have been effected on the date at which the amount in question is at Seller’s disposal.
    6. If Buyer fails to meet the terms of payment or any other obligation arising from this or other legal transactions, Seller may without prejudice to his other rights
      a) suspend performance of his own obligations until payments have been made or other obligations fulfilled, and exercise his right to extend the period of delivery to a reasonable extent,
      b) call in debts arisen from this or any other legal transactions and charge default interest amounting to 1.25 % per month plus turnover tax for these amounts beginning with the due dates, unless Seller proves costs exceeding this.
      c) only perform other legal transactions against cash in advance in the case of qualified insolvency, in other words, following two delays in payment.
      In any case Seller has the right to invoice all expenses arising prior to a lawsuit, especially reminder charges and lawyer’s fees.
    7. Discounts or bonuses are subject to complete payment in due time.
    8. Seller retains title to all goods delivered by him until receipt of all amounts invoiced including interests and charges.
      Buyer herewith assigns his claim out of a resale of conditional commodities, even if they are processed, transformed or combined with other commodities, to Seller to secure the latter’s purchase money claim. In the case of resale granting respite Buyer shall have the power of disposal of the product under retention of ownership only with the proviso that upon reselling Buyer notifies the secondary buyer of the assignment for security or enters the assignment in his account books. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for his debt collection available and to notify the assignment to the third-party debtor. If the goods are attached or otherwise levied upon, Buyer shall draw attention to Sellers title and immediately inform Seller of the attachment or levy.
  8. Warranty and acceptance of obligation to repair defects
    1. Once the agreed terms of payment have been complied with, Seller shall, subject to the conditions hereunder, remedy any defect existing at the time of acceptance of the article in question whether due to faulty design, material or manufacture, that impairs the functioning of said article. From particulars appearing in catalogues, folders, promotional literature as well as written or oral statements which have not been included in the agreement no warranty obligations may be deduced.
    2. Unless special warranty periods operate for individual items the warranty period shall be 12 months. These conditions shall also apply to any goods supplied, or services rendered in respect of goods supplied, that are firmly attached to buildings or the ground. The warranty period begins at the point of passage of risk acc. to paragraph 6..
    3. For improved or exchanged parts, the warranty period shall start again, but shall end in any case 6 months after the original warranty period has expired.
    4. If delivery or the performance of services is delayed for reasons outside the control of Seller, the warranty period shall begin 2 weeks after Seller is ready to deliver or perform services.
    5. The foregoing warranty obligations are conditional upon the Buyer giving within a reasonable period notice in writing of any defects that have occurred and such notice reaching the Seller. Buyer shall prove within a reasonable period the presence of a defect, in particular he shall make available within a reasonable period to Seller all material and data in his possession. Upon receipt of such notice Seller shall, in the case of a defect covered by the warranty under 8.1 above, have the option to replace the defective goods or defective parts thereof or else to repair them on Buyer’s premises or have them returned for repair, or to grant a fair and reasonable price reduction.
    6. Any expenses incurred in connection with rectifying defects (e. g. expenses for assembly and disassembly, transport, waste disposal, travel and siteto- quarters time) shall be borne by Buyer. For warranty work on Buyer’s premises Buyer shall make available free of charge any assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may he required. Replaced parts shall become the property of Seller.
    7. If an article is manufactured by Seller on the basis of design data, design drawings, models or other specifications supplied by Buyer, Seller’s warranty shall be restricted to non-compliance with Buyers specifications.
    8. Seller’s warranty obligation shall not extend to any defects due to assembly and installation work not undertaken by Seller, inadequate equipment, or due to non-compliance with installation requirements and operating conditions, overloading of parts in excess of the design values stipulated by Seller, negligent or faulty handling or the use of inappropriate materials, nor for defects attributable to material supplied by Buyer. Nor shall Seller be li- able for damage due to acts of third parties, atmospheric discharges. Excess voltage and chemical influences. The warranty does not cover the replacement of parts subject to natural wear and tear. Seller accepts no warranty for the sale of used goods.
    9. The warranty shall lapse immediately if, without written consent of Seller, Buyer himself or a third party not expressly authorised undertakes modifications or repairs on any items delivered.
    10. Claims acc. to § 933b ABGB are struck by the statute of limitation with lapse of the period mentioned under point 8.2.
    11. The provisions of sub-paragraphs 8.1 to 8.10 shall apply, mutatis mutandis, to all cases where the obligation to repair defects has to be accepted for other reasons laid down by law.
  9. Withdrawal from contract
    1. Buyer may withdraw from the contract only in the event of delays caused by gross negligence on the part of Seller and only after a reasonable period of grace has elapsed. Withdrawal from contract shall be notified in writing by registered mail.
    2. Irrespective of his other rights Seller shall be entitled to withdraw from the contract
      a) if the execution of delivery or the inception or continuation of services to be rendered under the contract is made impossible for reasons within the responsibility of Buyer and if the delay is extended beyond a reasonable period of grace allowed;
      b) if doubts have arisen as to Buyer’s creditworthiness and if same fails, on Seller’s request, to make an advance payment or to provide adequate security prior to delivery, or
      c) if, for reasons mentioned in 5.4, the period allowed for delivery is extended by more than half of the period originally agreed or by at least 6 months, or
      d) if Buyer does not or does not properly meet the obligations imposed as per paragraph 13.
    3. For the reasons given above withdrawal from the contract shall also be possible in respect of any outstanding part of the delivery or service contracted for.
    4. If bankruptcy proceedings are instituted against Buyer or an application for bankruptcy proceedings is not granted for insufficiency of assets, Seller may withdraw from the contract without allowing a period of grace. If this withdrawal is taken, it shall take effect immediately upon the decision that the business will not be continued. If the business will be continued, a withdrawal shall not take effect until 6 months after the institution of bankruptcy proceedings or after an application for bankruptcy proceedings has not been granted for insufficiency of assets. In any case, the contract shall be terminated immediately unless the bankruptcy law to which Buyer is subject conflicts with this or if termination of the contract is necessary to prevent significant damages to Seller.
    5. Without prejudice to Seller’s claim for damages including expenses arising prior to a lawsuit, upon withdrawal from contract any open accounts in respect of deliveries made or services rendered in whole or in part shall be settled according to contract This provision also covers deliveries or services not yet accepted by Buyer as well as any preparatory acts performed by Seller. Seller shall, however, have the option alternatively to require the restitution of articles already delivered.
    6. Withdrawal from contract shall have no consequences other than those stipulated above.
    7. The assertion of claims on the ground of laesio enormis, error, or lapse of purpose by the Buyer is excluded.
  10. Disposal of waste electrical and electronic equipment
    1. The Buyer of electrical/electronic equipment for commercial purposes, incorporated in Austria, is responsible for the financing of the collection and treatment of waste electrical and electronic equipment as defined by the Ordinance Regulating the Handling of Waste Electrical Equipment, if he is himself the user of the electrical/electronic equipment. If the Buyer is not the end user, he shall transfer the full financial commitment to his customer by agreement and furnish proof thereof to the Seller.
    2. The Buyer incorporated in Austria shall ensure that the Seller is provided with all information necessary to meet the Seller’s obligations as manufacturer/ importer, particularly according to §§ 11 and 24 of the Ordinance Regulating the Handling of Waste Electrical Equipment and the Waste Management Act.
    3. The Buyer incorporated in Austria is liable vis-à-vis the Seller for any dam- age and other financial disadvantages incurred by Seller due to Buyer’s failure to meet or fully meet his financing commitment or any other obligations according to Article 10. The Buyer shall bear the burden of proof of performance of this obligation.
  11. Seller’s liability
    1. Outside the scope of the Product Liability Act, Seller shall be liable only if the damage in question is proved to be due to intentional acts or acts of gross negligence, within the limits of statutory provisions. Seller's total liability in cases of gross negligence is limited to the net value of the order or EUR 500,000, depending on which amount is lower.
    2. For each incident of damage, Seller shall be liable for 25% of the net value of the order or EUR 125,000, depending on which amount is lower.
    3. Seller shall not be liable for damage due to acts of ordinary negligence nor for consequential damages or damages for pure economic loss, indirect damages, loss of production, financing costs, costs for replacement energy, loss of energy, data or information, loss of profits, loss of savings or interest, or damage resulting from third-party claims against buyer.
    4. Seller shall not be liable for damages in case of non-compliance with instructions for assembly, commissioning and operation (such as are contained in instructions for use) or non-compliance with licensing requirements.
    5. Claims that exceed the contractual penalties that were agreed on are excluded from the respective title. The provisions of paragraph 11 apply exclusively for all claims by Buyer against Seller, regardless of the legal basis or entitlement, and also apply to all employees, subcontractors and subsuppliers of Seller.
  12. Industrial property rights and copyrights
    1. Buyer shall indemnify Seller and hold him harmless against any claims for any infringement of industrial property rights raised against him if Seller manufactures an article pursuant to any design data, design drawings, models or other specifications made available to him by Buyer.
    2. Design documents such as plans and drawings and other technical specifications as well as samples, catalogues, prospectuses, pictures and the like shall remain the intellectual property of Seller and are subject to the relevant statutory provisions governing reproduction, imitation, competition etc. The provisions of 2.2 above shall also cover design documents.
  13. Compliance with export provisions
    1. When passing on goods delivered by Seller to third parties (as well as any related documentation, regardless of the method of provision or the services performed by Seller [including technical support of any kind]), Buyer must comply with the applicable regulations of national and international (re-)export provisions. In any case, Buyer must observe the (re-)export provisions of Seller's country of residence, the European Union and the United States of America.
    2. If necessary for export controls, Buyer must provide Seller with all necessary information immediately after being requested to do so, for example, information about the final recipient, final destination and purpose of the goods or services.
  14. General
    • Should individual provisions of the contract or of these provisions be invalid the validity of the other provisions shall not be affected. The invalid provision shall be replaced by a valid one, which comes as close to the target goal as possible.
  15. Jurisdiction and applicable law
    • Any litigations arising under the contract including litigations over the existence or non-existence thereof shall fall within the exclusive jurisdiction of the competent court at Sellers domicile; the competent court of the Bezirksgericht Innere Stadt, Vienna, shall have exclusive jurisdiction if Seller is domiciled in Vienna. The contract is subject to Austrian law excluding the referral rules. Application of the UN Convention on Contracts for the International Sale of Goods is renounced.
  16. Proviso
    • The execution of the contract by Seller is subject to the condition that there are no obstacles standing in the way of execution due to national or international (re-)export provisions, and especially no embargos and/or other sanctions.

Last revised in September 2011

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