(Effective from: 1st May 2017)

General

All quotations, offers, and commercial transactions are governed exclusively by the terms and conditions set forth below. Upon placement of an order, these conditions are fully accepted by the buyer, even if the buyer’s own purchase conditions differ and are not expressly rejected by DIVUS. Any deviations from these terms require explicit written approval from DIVUS GmbH.

Offers

All offers provided by DIVUS GmbH are subject to change and are not legally binding until confirmed by a written order acceptance. All stated prices are daily rates. Should cost factors increase between the issuance of our order confirmation and the dispatch of goods, DIVUS reserves the right to adjust prices accordingly.

Terms of Delivery

Estimated delivery times provided by DIVUS are indicative and not legally binding. Partial deliveries are permissible. The provided shipping dates indicate when goods are available for dispatch from our warehouse, not the date of delivery to the buyer.

Customs Duties and Import Levies*

Prices quoted include customs duties and public charges applicable at the time of the offer or order confirmation. Should changes in regulations or statutory requirements occur, particularly concerning imports from third countries, resulting in additional costs such as customs duties, import taxes, or other public charges prior to delivery, these additional costs will be borne by the buyer.

Terms of Payment

Payments must be executed without any deductions within the agreed payment terms. All costs associated with payment transactions, such as bank charges or currency exchange fees, shall be borne by the buyer. DIVUS does not assume responsibility for timely presentation or protest of cheques or similar instruments. Late payments will incur interest charges at a rate of 2% above the applicable bank discount rate. The payment is considered executed only once DIVUS has received full access to the amount. Payment methods other than cash or bank transfer are accepted only conditionally, and the buyer bears all risks associated with payment transmission. Employees of DIVUS GmbH are authorized to collect payments only upon presentation of an invoice duly receipted by DIVUS. Should the buyer’s financial circumstances significantly deteriorate, or should payment default occur, DIVUS reserves the right to demand immediate settlement of all outstanding payments or adequate security provision. DIVUS is not obligated to make further deliveries from any ongoing contracts until all outstanding balances, including late payment interest, are fully settled. The buyer is not permitted to offset disputed counterclaims against invoiced amounts, nor to withhold or independently reduce payments on account of product complaints or disputes. Unless otherwise specified on the invoice or order confirmation, payment terms are net 30 days from invoice date; prices are Ex Works (INCOTERMS 2010); taxes, freight, handling charges, duties, or similar levies are excluded and remain the buyer’s responsibility.

In EX WORKS sales, the buyer must arrange collection of goods promptly upon notification of availability. From the second week after goods become available, storage and insurance fees will be charged. The applicable fees are €30 per cubic meter per day for packed goods and an additional monthly insurance premium of 0.5% of the sales value. Storage duration is limited to a maximum of 6 months, after which DIVUS reserves the right to retain or resell the goods.

Software

DIVUS GmbH integrates open-source software into its products, such as the Linux operating system and its kernel, licensed under:

• GNU General Public License (GPL)
• GNU Lesser General Public License (LGPL)

Customers possessing DIVUS products can request the source code for these GPL or LGPL licensed software components from DIVUS GmbH for up to three years after the last production date. Usage, distribution, and modification of this source code must comply strictly with the respective license terms.

DIVUS explicitly disclaims liability or responsibility for third-party usage or modifications of the released open-source code. DIVUS shall not be held liable for damages caused by alterations (additions/deletions) made to the product’s software by third parties or persons not expressly authorized by DIVUS GmbH.

For further information, please contact support@divus.eu.

Reservation of Title

All delivered goods remain the exclusive property of DIVUS GmbH until full payment of all outstanding obligations from the business relationship, regardless of the legal grounds, including current account balances. The reservation of title continues to apply even if specific goods have been paid for individually. Taking goods back under reservation of title generally does not constitute withdrawal from the contract.

 

Transfer of Risk

The risk associated with the goods transfers to the buyer immediately upon departure from DIVUS premises or when goods are made available to the buyer.

Usage

DIVUS devices are specifically engineered for continuous, long-term operation in industrial environments or domestic settings. Stability and security require controlled software updates and operation within secured networks. Unauthorized software updates jeopardize operational stability and void warranty protections. Request CE certification copies at certifications@divus.eu.

Quality Objectives

Despite continuous efforts to ensure that DIVUS products are delivered in perfect condition, inherent material properties and limitations of production processes or supplier quality standards may result in minor visible imperfections. Certain imperfections, such as the brushed finish of aluminum front covers, are intentional design features and are meant to be irregular to achieve a particular aesthetic effect. These conditions are considered acceptable as long as they remain within the DIVUS Incoming Inspection Standards (IIS).

Warranty Conditions

The warranty period, defined at the time of order, commences with the delivery date Ex Works from Eppan, Italy. DIVUS warrants products to be free from defects in materials and workmanship during the stated warranty period. Warranty claims require defective devices to be returned to DIVUS GmbH, Pillhof 51, I-39057 Eppan for repair within 10 working days of notification (EU) or 30 days (outside EU). Delayed deliveries can void warranty claims.

Repaired or replaced components do not extend the original warranty period. DIVUS reserves the right, within six months from the original delivery date, to decide whether to replace the entire product. Dealers are entitled only to replacements for defective parts; labor costs are presumed covered by dealer discounts granted at the time of sale. DIVUS covers shipping and replacement handling costs within the EU.

Spare Parts Guarantee

DIVUS guarantees spare parts against material and workmanship defects for 12 months from the date of delivery Ex Works from Eppan, Italy. Within this period, defective spare parts will be replaced at no charge. DIVUS assumes shipping and handling costs for replacements within the EU, provided defective parts are returned within 15 working days (EU) or 60 calendar days (internationally). Consumable items such as fans, filters, lamps, and backlights are expressly excluded from this warranty.

Limitation of Liability

DIVUS GmbH shall not be liable for indirect, consequential, incidental, punitive, or exemplary damages, including loss of profits, arising from or related to the products, software, or services provided, except in cases of proven gross negligence or willful misconduct by DIVUS GmbH.

Supplements

All amendments require written confirmation. Jurisdiction for disputes is Eppan, Italy. Italian law applies.

Code of Conduct and Ethics**

At DIVUS GmbH, we are committed to conducting our business with the highest standards of integrity, responsibility, and legal compliance. The following principles define the ethical and behavioral standards that govern our business activities and those of our partners:

1. Fair Labor Practices and Human Rights

• We reject any form of forced labor, involuntary prison labor, or human trafficking.
• All employees working for DIVUS have met the legal minimum age for employment in their respective countries.
• We strictly comply with all applicable labor laws, including those governing working hours, overtime, rest periods, retirement age, minimum wages, and legally mandated benefits.
• Our compensation and benefits are competitive and in compliance with national legislation.
• We treat all employees with dignity and do not tolerate any form of inhumane treatment, including harassment, sexual misconduct, corporal punishment, mental or physical coercion, or abuse.
• We oppose all forms of unlawful discrimination, whether based on ethnicity, age, gender, disability, pregnancy, religion, political opinion, sexual orientation, or marital status. All employment decisions (e.g., hiring, promotion, compensation, training) are based on merit, qualifications, and performance.
• We maintain open communication between management and employees, promoting the free expression of ideas and concerns regarding working conditions. We respect the right of workers to organize in accordance with national laws.

2. Health and Safety

• DIVUS provides a safe working environment in compliance with all applicable health and safety regulations.
• Employees are required to observe all internal and statutory safety rules when performing their duties.
• All staff have access to clean sanitation facilities, drinking water, and designated meal areas.

3. Environmental Protection

• DIVUS meets or exceeds all applicable environmental protection laws in the countries where we operate.
• We actively promote the sustainable use of resources and adopt safe, environmentally sound practices to reduce pollution and waste.
• We ensure compliance with all customer requirements and legal regulations regarding restricted substances and hazardous materials.

4. Ethics and Integrity

• DIVUS and its employees are bound by the highest ethical standards in all daily decisions and business conduct.
• Bribery, the offering or accepting of illegal inducements, or corrupt practices to gain unfair advantages are strictly prohibited.
• All business decisions must be made fairly and impartially. Employees must not allow personal interests to influence their professional responsibilities.
• The offering or receiving of gifts, benefits, or hospitality must remain professional, proportionate, and must not influence—or appear to influence—business decisions.

5. Avoidance of Conflicts of Interest

• Employees must act in the best interest of DIVUS and must avoid activities or relationships that could conflict with the company’s interests.
• Where a potential or actual conflict of interest arises, it must be disclosed without delay to the appropriate company authority.

6. Suppliers and Subcontractors

• Employees must ensure that all suppliers and subcontractors comply with the principles of this Code.
• Due diligence and continuous monitoring of partners are essential to ensure ethical conduct, safety, quality, and competitiveness.
• If there are reasonable doubts about a supplier’s or subcontractor’s ethical behavior, DIVUS will take immediate corrective measures, including suspension or termination of the partnership.

7. Confidentiality and Data Protection

• DIVUS safeguards confidential information provided by customers, partners, and other third parties from unauthorized disclosure.
• We also protect the personal data of employees, customers, and partners in accordance with applicable data protection regulations (e.g., GDPR).
• Such information is used only for legitimate business purposes and stored securely.

8. Reporting Violations

• DIVUS encourages employees and partners to report violations or suspected violations of this Code of Conduct directly to the company’s management.
• All reports will be treated confidentially, and no employee will suffer retaliation for acting in good faith.

This Code of Conduct and Ethics forms an integral part of DIVUS’s business philosophy. It applies to all employees, partners, suppliers, and subcontractors, and serves as the foundation of trust, responsibility, and long-term cooperation.

Notes:

*Effective as of 01.04.2024

**Last update: 23.10.2019