Terms of Use

Scope

1.1. The use of this website by Gossen Metrawatt GmbH is subject to these Terms of Use. Certain services of Gossen Metrawatt GmbH available through the website may be subject to registration and additional or different terms and conditions that take precedence over these Terms of Use. The applicable terms and conditions shall apply upon commencement of use.

1.2. Subject to specific terms of use, these Terms of Use also apply to the profiles of Gossen Metrawatt GmbH in social networks and platforms such as Facebook, Instagram, Xing, LinkedIn and YouTube.
Services of Gossen Metrawatt GmbH

2.1. Gossen Metrawatt GmbH provides, in particular, information, contact options, software, documentation, and applications (hereinafter collectively referred to as “service offering”) via the website.

2.2. Unless expressly described or assured otherwise, the service offering is solely intended to traders within the meaning of Section 14 of the German Civil Code (BGB), not for private individuals acting as consumers. The career site and corresponding applications, as well as the company information, are directed at all interested parties.

2.3. Service provision takes place in Nuremberg, Germany. If users from abroad access the service offering, they shall be responsible for compliance with the respective national regulations. Use is only permitted to the extent that the user is allowed to do so under applicable law.

2.4. In all other respects, the provision of services by Gossen Metrawatt GmbH is subject to the reservation that there are no obstacles due to national or international specifications of foreign trade law, in particular, no embargoes or other sanctions.
Rights of use

3.1. The service offering is comprehensively protected in accordance with intellectual property right, in particular, copyright and trademark law and corresponding contractual regulations. The user is obliged to observe these rights of Gossen Metrawatt GmbH or third parties.

3.2. Gossen Metrawatt GmbH grants the user a simple, non-transferable and non-sublicensable right to access the service offering and to use it pursuant to the respective agreement.

3.3. Any use of representations, in particular, texts, trademarks, logos, images, graphics, animations, sounds, and videos, as well as applications without the express written consent of the rights holder beyond the rights of use granted under Paragraph 3.2 is prohibited and may be punishable by law.

3.4. If the user sends suggestions for improvement, ideas or proposals to Gossen Metrawatt GmbH, they may use and exploit them free of charge.
Contents

4.1. The contents are for information purposes only and do not constitute legally binding offers. Descriptions of services, specifications and other descriptions of products and services result respectively from the contractual agreement in the individual case. In all other respects, the current version of the General Terms and Conditions of Delivery of Gossen Metrawatt GmbH shall apply.

4.2. For entrepreneurs (Section 14 BGB), Section 312i(1)(1)(1-3) and (2) BGB shall not apply.
Obligations of the user: use and foreign trade law

5.1. The user is obliged to use the service offering according to Paragraph 2 only in accordance with the provisions of Paragraph 3. Any use for purposes which are prohibited due to legal provisions, contractual obligations or official or judicial orders, as well as for improper purposes or for purposes which Gossen Metrawatt GmbH expressly prohibits, is not permitted.

5.2. When using the service offering, the user is obliged to comply with the applicable provisions of foreign trade law, in particular, the provisions on embargoes and sanctions of the Federal Republic of Germany, the EU, Switzerland, Great Britain and the US. In the event of respective inspections by Gossen Metrawatt GmbH or authorities, the user shall provide the requested information immediately and free of charge. Furthermore, the user shall indemnify Gossen Metrawatt GmbH against all claims in connection with violations of the provisions of foreign trade law and undertakes to compensate Gossen Metrawatt GmbH for all damages and expenses unless the user is not responsible for such damages and expenses.

5.3. Any at least negligent violation of this provision shall constitute a material breach of contract entitling Gossen Metrawatt GmbH to block access to the service offering at any time and without prior notice, without prejudice to any other rights, measures and claims.
Liability

6.1. Gossen Metrawatt GmbH shall be liable to the user:
- for any damage caused by them, their legal representatives, or their agents with intent or by gross negligence;
- in accordance with applicable product liability law, and
- for damage arising out of injury to life, limb, or health caused by Gossen Metrawatt GmbH, their legal representatives, or their agents.
6.2. Gossen Metrawatt GmbH shall not be liable for ordinary negligence, save and to the extent that they violated an essential contractual obligation the fulfilment of which makes the proper execution of the contract possible in the first place, or the violation of which jeopardises the fulfilment of the contractual purpose, and on whose observance the user regularly relies and may rely (so-called material contractual obligations).

6.3. Liability for damage to property and pecuniary loss shall be limited to contractual and foreseeable damage. Any liability for remote consequential damage, such as lost profits or lost savings, shall be excluded.

6.4. The above-mentioned limitations of liability shall also apply to all representatives of Gossen Metrawatt GmbH, in particular, to its managing directors, legal representatives, employees, and other agents.

6.5. Unless otherwise agreed for specific service offerings, Gossen Metrawatt GmbH does not guarantee the uninterrupted availability of the website due to the technical nature of the internet and computer systems.

6.6. Insofar as Gossen Metrawatt GmbH uses hyperlinks to websites of third parties, Gossen Metrawatt GmbH shall accept no responsibility for the content of such websites and does not own the websites or their content. The use is at the user's own risk.

6.7. Since we cannot guarantee that the website is free of viruses according to the current state of the art, users shall be required to take appropriate safeguards for their own protection and for the protection of the service offering.

6.8. The burden of proof shall be governed by the statutory provisions.
Digital Services Act (DSA)

7.1. The point of contact for electronic communication with authorities (Art. 11 DSA) and the recipients of the service (Art. 12 DSA) can be reached at digitalservicesact@gossenmetrawatt.com. The preferred language for communication is German.

7.2. The transparency report (Art. 15 DSA) can be found at LINK.
Final provisions

8.1. Responsible for the contents of the website (provider or publisher):

Gossen Metrawatt GmbH
Südwestpark 15
90449 Nürnberg
Germany
Phone: +49 911 8602-0
Fax: +49 911 8602-669
E-mail: info@gossenmetrawatt.com

Further information can be found in the imprint, which supplements these Terms of Use.
8.2. Please refer to the Privacy Statement for information on data protection.

8.3. The use of certain gender-specific wording in the service offering, e.g. the generic masculine, is solely for the sake of readability and does not indicate any valuation or disadvantage.

8.4. Should Gossen Metrawatt GmbH neglect to perform a provision specified in this Terms of Use at a specific time, this shall not be considered universal renumeration of the performance of this provision, and shall not undermine the right of Gossen Metrawatt GmbH to perform this provision at a later time.

8.5. The place of jurisdiction for entrepreneurs (Section 14 BGB) is Nuremberg, subject to mandatory statutory places of jurisdiction.

8.6. The laws of the Federal Republic of Germany shall apply exclusively to the exclusion of the standards which refer to other legal systems, in particular, the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention/CISG).

8.7. If any provision of this Terms of Use is or will be invalid or if there are any gaps, this shall not affect the validity or effectiveness of the remaining provisions of the agreement as a whole. In such case, the parties shall negotiate in good faith to replace such a provision by a valid provision which corresponds as far as possible to the meaning and purpose of the provision to be replaced.

Nuremberg, den 27 May 2024
Gossen Metrawatt GmbH