General delivery conditions DIVUS GmbH

General

All calculations, offers and transactions are based solely on the following delivery conditions. They are deemed to have been fully accepted by the buyer when the order is placed, even if his purchasing conditions are different and we do not contradict them. Deviations from these conditions require our written confirmation.

Tenders

Our offers are subject to change. They only become binding with your written order confirmation. The prices given are daily prices. If a cost change occurs between sending our order confirmation and delivery of the goods, we are entitled to charge a surcharge equal to the costs actually incurred.

The delivery time

The estimated delivery times may vary and will be communicated with our order confirmation. Partial deliveries are permitted. The shipping dates communicated are the dates on which the goods are ready for shipment, not the delivery dates.

Customs duties and import taxes*

The prices include the customs duties and taxes applicable at the time the offer is created or the order is confirmed. If changes to legal or customs regulations occur before delivery and additional costs arise as a result - such as customs duties, import taxes or other public charges (particularly for imports from third countries) - these additional costs must be borne by the buyer.

Payment terms

Payment or the invoice amount must be made within the agreed payment deadlines without deductions. The costs of the exchange are in any case borne by the exhibitor. We assume no liability for timely submission or protest. In the event of late payment, default interest of 2% above the respective bank discount will be due. The day on which we can dispose of the amount is considered the day of payment. Payment methods other than cash and bank transfer are only accepted with reservations. The buyer bears the risk of transmitting the invoice amount to us. Our employees are only authorized to collect items upon presentation of an invoice acknowledged by us from the day of the receipt. If a known deterioration in the buyer's financial situation occurs or if he defaults on payment, he is obliged, at our request, to immediately pay all claims and bills of exchange, including those that are not yet due, or to provide appropriate securities. The debts also include raw materials and finished and semi-finished products from outstanding deliveries. We are not obligated to make any further deliveries under any current contract until all invoice amounts due, including default interest, have been paid. Offsetting disputed counterclaims against invoice amounts due and deductions of any kind are not permitted. In particular, in the event of complaints about defects in the goods, the buyer is not entitled to withhold payment of due invoice amounts until clarification or to independently reduce the invoice amounts.

Unless otherwise stated on the front of an invoice or order confirmation from the seller, the payment terms apply net 30 days from the invoice date; the prices are ex works of the seller (INCOTERMS 2010); and prices do not include taxes, freight, handling charges, customs duties or similar charges, the payment of which is the sole responsibility of Buyer.

In the event of an EX WORKS sale, the customer undertakes to arrange for the collection of the goods subject to their availability. Storage and insurance fees are due from the second week after delivery.

These fees are as follows: €30 per day per cubic meter of packaged goods and a monthly additional insurance premium of 0.5% of the sales value.

The maximum storage period is 6 months. After this period has expired, DIVUS reserves the right to retain or resell the goods.

Software

DIVUS GmbH uses open source software in its products, e.g. the Linux operating system and its kernel.

These software components are licensed under specific licenses, such as the following:

GNU General Public License (GPL)

GNU Lesser General Public License (LGPL)

If you own one of our products, you can request the source code of those software components that are licensed under the GNU General Public License or the GNU Lesser General Public License from DIVUS GmbH for a period of three years after the last factory production and use, distribute and modify them in accordance with the respective licenses.

Please note that the further use of the source code released by DIVUS GmbH is not guaranteed and DIVUS GmbH bears no responsibility for the source code.

We are not responsible for any damage caused by changes (additions/deletions) to the software for this product by third parties (or persons authorized by DIVUS GmbH).

For further information, please contact our support service: support(a)DIVUS.eu.

Retention of title

All our deliveries are made exclusively under retention of title. The goods remain our property until they are redeemed. Ownership only passes to the buyer when he has paid off all of his liabilities to us, regardless of the legal basis, in particular the current account balance. This also applies if the purchase price is paid for certain deliveries of goods. If we take back the goods due to retention of title, this does not generally constitute a withdrawal from the contract.

Transfer of risk

All risk passes to the buyer as soon as the goods leave our factory or are made available to him.

Usage

All DIVUS devices are designed to enable continuous long-term operation in industrial environments or in households. The main goal is to deliver a system that does not change its functionality over time by using industrial components and embedded long-term support software. It is therefore important not to allow automatic updates but to monitor them if necessary. The devices are intended to operate on a secure, protected network. Long-term, stable operation is not possible with uncontrolled automatic updates, so the security of the devices must be guaranteed on the network side. You can request a copy of your product's CE certification at:certifications [at] divus.eu

Quality goals

Despite our constant efforts to deliver our high-quality goods in perfect condition, material-related properties as well as limitations in the production processes and the quality specifications of our suppliers can mean that small imperfections become visible to the customer's eye.

Some of these imperfections are part of our design and were introduced intentionally, such as the brushing of the aluminum front covers. The brushes should be irregular to achieve the desired visual aspect. Other irregularities are due to the industrial touch lamination process and the display production itself. These limits are granted so as not to exceed DIVUS' entry inspection standards, called IIS.

Conditions of the guarantee

The guarantee period specified when ordering begins with the time of delivery from the Eppan/Italy factory. We guarantee that our products are free from defects resulting from poor material or workmanship. Within this period, the customer can send the device for repair to DIVUS GmbH, Pillhof 51, I-39057 Eppan. Repairing or replacing parts will not extend the warranty period for the product. Defective parts or components will either be replaced or repaired at our discretion.

In addition, we reserve the right to decide within 6 months of delivery from the Eppan/Italy factory whether the entire product will be replaced. Dealers only have the right to demand replacement of defective parts since the labor costs are already covered by the dealer discount given to them upon purchase. We cover the costs incurred for shipping DIVUS to the customer and processing the exchange within the European Union.

The guarantee is only valid if you observe the following information on guarantee, safety and fault protection.

Warranty information

The use and application of the product must comply with the regulations and specifications described in the technical manual that is part of the delivery. If this is not available, you can request or order it at any time. If the product is used without knowledge of the specification, the warranty and guarantee for any damage that occurs is void. In particular, operation must be guaranteed within the specified temperature range. If temperatures are too high or too low, additional compensation (heating, cooling) must be made to protect all integrated components. If the product is installed in a housing or cabinet, ensure there is sufficient convection. The supply voltage stated on the product label must be ensured by the user. Caution! Only open the product when it is switched off! Service or maintenance work may only be carried out by trained personnel. The manufacturer of this product assumes no liability for any components or additionally installed circuit boards. The manufacturer of this product is not liable for damage and malfunctions caused by installed components and is excluded from the warranty. We are not liable for damage caused by using the product outside of its specification. This also applies to damage to people. Compliance with the safety and warranty instructions is the basis of the guarantee. The guarantee only applies to the first customer. The dealer is responsible for resale and warranty.

Safety instructions

The technical manual contains the safety instructions that are necessary for the safe operation of the machine. All people who work with the product must observe these operating instructions, especially the safety instructions. In addition, all local accident prevention regulations must be observed. Only trained and authorized personnel may install and operate the product. Proper Application: The machine is designed for use in an industrial environment. The machine is built according to the state of the art and the applicable safety regulations. However, damage or impairment to the machine or other property cannot be ruled out when operating the machine. The machine meets the requirements of the EMC directives and harmonized European standards. Changes to the machine hardware may affect the EMC compatibility of the system. Without special protective measures, the machine may not be used in EX areas or in systems that require special monitoring. If the product is used, you should always ask the manufacturer or distributor for further information in order to protect the product and the environment from damage. The operating voltage of the machine must be within the specified range! The nameplate contains the required information.

Notes on interference

The following information is intended to help you right from the start of using the product and to protect you from malfunctions and is important for safe operation. The product is designed as a built-in device. All necessary troubleshooting regulations have therefore been observed. Supply and data lines must be wired in a separate cable rail. Connect the device and the control cabinet to a central grounding point using the shortest possible path. Make sure that the connection between the device and the control cabinet has the lowest possible impedance. All data cables connected to the device must be shielded. The shields must be grounded at both ends. A low-resistance connection must be established between the connected devices. High compensating currents across the cable shields, caused by potential differences, must be excluded. Use a green-yellow cable with a minimum cross-section of 2.5 mm² for the ground connection. We recommend separating metals in highly magnetic fields. For inductive decoupling in the same housing, freewheeling diodes or RC elements must be used.

Spare parts guarantee

For a period of 12 months from delivery from the Eppan/Italy factory, we guarantee that our spare parts are free from defects that can be attributed to poor material or poor workmanship. We will replace defective spare parts within this period.

We will cover the costs incurred for shipping DIVUS to the customer and processing the exchange within the European Union. As long as the defective parts are returned to us free of charge within 15 working days, from abroad within 60 calendar days, and we consider the defect to be caused by poor material or poor workmanship, they will not be invoiced.

Parts not covered by our warranty: The following parts are not covered by this warranty: All consumable parts such as: fans, filters, lamps and backlights

Supplements

All changes to these warranty conditions must be made in writing.

Place of jurisdiction: For all legal disputes arising from or in accordance with these guarantee conditions, Eppan/Italy is the place of jurisdiction and Italian law applies.

WARRANTY and SAFETY of DIVUS hardware products

Warranty information

The use and application of the product must comply with the regulations and specifications described in the technical manual that is part of the delivery. If this is not available, you can request or order it. If the product is used without knowing the specifications, the guarantee and warranty for any damage that occurs is void and all rights expire.

In particular, operation must be maintained within the specified temperature range. If temperatures are too high or too low, additional compensation (heating, cooling) must be made to protect all installed components.   If the product is installed in a housing or cabinet, ensure there is sufficient convection.

The supply voltage stated on the product label must be ensured by the user.

Caution! Only open the product when it is switched off! If the product is opened without our consent, any warranty will be void!

Service or maintenance work may only be carried out by qualified personnel.

The manufacturer of this product is not liable for any components and additional boards. The manufacturer of this product is not liable for any damage or malfunction caused by installed components and is not included in the warranty.

We are not liable for any damage caused by using the product outside of its specification. This applies in particular to damage to people.

Compliance with the safety and warranty instructions is the basis of the guarantee.

The guarantee only applies to the direct customer. The sales partner is responsible for resale and warranty.

Quality goals

Despite our constant efforts to deliver our high-quality goods in perfect condition, material-related properties as well as limitations in the production processes and the quality specifications of our suppliers can mean that small imperfections are noticeable to the customer.

Some of the imperfections are part of our design and were introduced intentionally, such as: B. brushing the aluminum front covers. The brushes should be irregular to achieve the desired visual aspect. Other irregularities are due to the industrial touch lamination process and the display production itself. These limits are granted so as not to exceed DIVUS' entry inspection standards, called IIS. The limit values ​​for display and touch shown below are relevant.

Display:

Touch:

Code of conduct and ethics DIVUS GmbH

DIVUS GmbH strives to conduct its business activities honorably, ethically and in accordance with all applicable laws, rules and regulations of the countries in which it operates. We strive to continually improve the quality of our products, services and business processes, and it is our desire to build our reputation for fairness, respect, responsibility, integrity, trust and balanced decision-making.

Our Code of Conduct and Ethics sets out the requirements and policies that form the basis for conducting our business. All DIVUS employees must comply with this Code of Conduct and Ethics, company policy and relevant laws. We also expect our suppliers to act in accordance with the principles of this code.

Fair working conditions

We are committed to protecting the human rights of our employees in every country where we operate:

We do not use or employ forced labor or involuntary prison labor and we distance ourselves from human trafficking.

All DIVUS employees have reached the legal minimum age for employment.

We respect and comply with all applicable labor laws, which regulate, for example, the following points: working hours, overtime, rest periods, retirement age, minimum wages and legally required additional benefits. We ensure that the pay and benefits for our employees are competitive and legally compliant.

We treat our employees with respect and do not tolerate any form of harsh or inhumane treatment of our employees, including sexual harassment, sexual abuse, corporal punishment, psychological or physical coercion or abuse.

We distance ourselves from unlawful discrimination based on ethnicity, age, gender, disability, pregnancy, religion, political opinion, sexual orientation or marital status when dealing with our employees, particularly in their hiring, promotion, remuneration and access to training. However, it is possible for an employee to be excluded from a particular position based on their current personal suitability.

We encourage open communication between management and employees, including the exchange of ideas and concerns about working conditions and management practices. We respect the right of employees to organize in accordance with applicable national laws.

Health and safety

We believe it is important to provide a safe working environment for all employees and we comply with all applicable health and safety laws. When carrying out their duties, all employees are bound to the applicable health and safety regulations. Employees have access to clean sanitation, drinking water and dining areas.

Protection of the environment

We comply with all applicable environmental laws in the country and promote sustainable use of resources. We use safe and sustainable methods to reduce pollution and waste. We comply with all applicable laws, regulations and customer requirements confirmed by us that concern substance restrictions (the ban on the use of certain substances).

Ethics and integrity

We are committed to the highest standards of ethics and integrity in our daily decisions.

Bribery, the payment of bribes or other unethical practices to obtain improper or unjustified advantages for DIVUS or any other company or person are strictly prohibited.

All DIVUS employees are obliged to carry out their tasks in a fair and impartial manner and not to make decisions that serve unreasonable self-interest or personal advantage. Offering or accepting gifts, concessions or favors as a means of maintaining goodwill with our customers, vendors, suppliers or other business partners should be professional and appropriate to the circumstances and should not result in or be perceived as influencing business decisions.

Avoiding conflicts of interest:

All employees are obliged to pursue the goals and general interests of DIVUS within the scope of their respective activities. They will therefore not carry out any activities in which they (or their relatives) come into conflict or could come into conflict with the interests of DIVUS. If a conflict of interest cannot be avoided, you are obliged to inform the responsible corporate bodies or offices immediately.

Relationships with suppliers and subcontractors:

DIVUS employees are obliged, within their area of ​​responsibility, to ensure that suppliers and subcontractors also continuously comply with the ethical guidelines of this code.

The conscientious selection and control of partners is essential to be able to offer high-quality, safe and competitive products and services on the market. If there are reasonable doubts about the ethical behavior and compliance with the above-mentioned principles by a supplier or subcontractor, DIVUS will immediately take appropriate measures.

When selecting suppliers and subcontractors, DIVUS employees are obliged to comply with all legal regulations and internal procedures with regard to quality, avoidance of labor exploitation, occupational safety, environmental protection and costs.

We protect confidential information and information entrusted to us by our customers, suppliers and other parties from inappropriate disclosure to unauthorized internal or external parties. We also protect the personal information of our employees, customers, suppliers and others who interact with us and use such information only for our legitimate business purposes and in accordance with applicable laws, rules and regulations.

Reporting Violations

We take all reports of violations or suspected violations of this Code seriously. If an employee witnesses serious violations of this Code, he or she should bring such violations to the attention of management.

*in force from November 1st, 2024

**10/23/2019