General Terms and Conditions

1. Scope of Application

These General Terms and Conditions (GTC) apply to all business relations between Halow-Tech GmbH (hereinafter referred to as “Company”) and its customers, in the version valid at the time of the contract conclusion. Deviating or supplementary terms and conditions of the customer are only binding if the Company has expressly recognized them in writing.

2. Products and Services

The Company provides industrial automation software solutions, including ready-to-use functions, custom PLC programming, and commissioning support services. The product details are specified in the corresponding product descriptions, which form part of these GTC.

3. Delivery of Function Descriptions

All functions provided by the Company are accompanied by corresponding Function Descriptions, which clearly outline the scope of functionality and the properties of each respective function. The customer is responsible for reviewing these descriptions before implementing the functions. If the customer observes any behavior in a function that deviates from what is described in the Function Description, they are obligated to notify the Company in writing. Upon receiving such notification, the Company will investigate the issue and provide a remedy, if necessary, to ensure that the function behaves in accordance with its description.

4. Limitation of Liability for Commissioning and Use of Functions

The customer acknowledges that the Company’s technical functions and solutions must be commissioned and tested by qualified personnel with extensive experience and knowledge in control systems and the behavior of machinery. The person responsible for commissioning must be well-versed in the operation of the control systems and the potential reactions of the machinery under different conditions.

It is the responsibility of the person performing the commissioning to ensure that all necessary interlocking mechanisms are in place and functioning correctly during the commissioning and testing phases to prevent hazardous situations or damage to the machinery. The Company disclaims any liability for damages, malfunctions, or unsafe conditions arising from improper commissioning, testing, or lack of adequate interlocking and safety precautions.

The Company shall not be held responsible for any damages resulting from the improper installation, commissioning, or use of the functions, particularly when performed by individuals without the requisite qualifications or experience.

5. Prohibition of Copying and Distribution

The customer is granted a non-exclusive, non-transferable license to use the Company’s functions solely for internal purposes as outlined in the contract. Any copying, reproduction, distribution, or transfer of the Company’s functions, in whole or in part, to third parties, whether for free or for compensation, is strictly prohibited without the express written consent of the Company.

The customer is also prohibited from modifying, reverse-engineering, or decompiling the software or functions provided by the Company. Any breach of this clause will result in the immediate termination of the license and may lead to legal action, including claims for damages.

7. Intellectual Property

All software, documentation, and other materials provided by the Company remain the intellectual property of the Company. The customer is granted a non-transferable, non-exclusive license to use the software in accordance with the agreed terms.

6. Prices and Payment

All prices stated on the website are exclusive of applicable taxes and other charges, unless otherwise stated. Payment methods are provided at the time of purchase, and the customer must complete the payment before the delivery of products or services, unless otherwise agreed in writing.

8. Data Protection

The Company complies with applicable data protection laws, particularly the GDPR. Personal data will only be collected, processed, and used for the purposes of fulfilling the contract and in accordance with the privacy policy available on the website.

9. Governing Law and Jurisdiction

These GTC and any contracts formed under them shall be governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Federal Republic of Germany.

10. Final Provisions

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In such cases, the parties will agree on a valid provision that comes as close as possible to the intended economic purpose of the invalid provision.

Address List

Links List

Halow-Tech GmbH

Company Registration Number: HRB 101539
Amtsgericht Duesseldorf