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General Terms and Conditions of ProKoVent GmbH
A. Scope
The following conditions apply to all (including future) contracts between us
and the customer exclusively. Conflicting or different terms
of the customer will not be recognized unless we agree to them in individual cases
in writing. Our general terms and conditions apply even if we
with knowledge of conflicting or of these general terms and conditions
deviating conditions of the customer without reservation and without objection
deliver service to the customer.
B. Conclusion of contract
Our offer is non-binding unless otherwise stated. orders
of customers we can within a period of three weeks after receipt of the
Accept or reject an order with us. The customer waives access
our declaration of acceptance. If the order has not been made in writing, we can
require the customer to confirm the order in writing.
C. Lease Rules
1. Rental Item
We reserve the right, instead of the rental item described in the rental agreement, to use another
leased property that is comparable in terms of its function.
2. Rental Period
2.1. The rental period is always calculated in days. Is not contractual
another rental start agreed, the rental period begins with the transfer of the
Rental item to the customer. Is the lease for an indefinite period
closed, the customer can terminate the tenancy in writing with a notice period of
one week to the end of the seventh following the receipt of the notice of termination
day, if the rental period is exceptionally measured in days, in writing
with a notice period of three days to the end of the receipt of the termination
cancel the following third day.
2.2. The customer is obliged to keep the rented item at the place of use for a
Period until the end of the third working day following the end of the contract
to tolerate.
2.3. If the customer does not return the rental item in good time at the end of the rental period,
if he continues to use the rented item in particular, the
Lease not renewed.
3. Rent
3.1. Unless otherwise contractually agreed, the agreed one is understood
Rent as net rent.
3.2. Additional costs for delivery and collection as well as assembly and dismantling are
invoiced unless otherwise contractually agreed.
4. Warranty
4.1. Claims of the customer due to a defect in the rented item only exist
if and to the extent that we are responsible for the defect.
4.2. The customer shall have the rented item inspected and
as far as possible, a functional test with regard to defects and
Subject to completeness as well as defects and the lack of parts of the
Notify rental item in writing immediately. If the customer fails to do so
Notification of a defect or the absence of parts of the rented item shall apply
Rented property as approved, unless the defect or lack of
Parts of the rental property were not recognizable. If there is a defect later or
the lack of parts of the rented item, the customer has the defect or that
If parts of the rented property are missing, report them immediately in writing, otherwise
the rental property is considered approved.
4.3. If there is a defect, we are entitled to use the rented item at our discretion
with one that is comparable in terms of the function of the rented property
to be replaced or repaired. Let's fix a deficiency
not within a reasonable period of time or will refuse the
Removal of defects, the customer can terminate the rental agreement in writing without notice
fire.
5. Use of the rental property
5.1. Without our prior written consent, the customer is not entitled to
to change the rented item, in particular not authorized, appropriate
Serial numbers, manufacturer's plates and other identification or test marks
to remove or cover up.
5.2. During the rental period, the customer has informed us of the loss of the rental property, each
Deterioration beyond normal wear and tear as well as any
Report an accident in connection with the rented property immediately.
We refuse consent to the transfer of use of the rented item
or subletting the rented item to a third party is the responsibility of the customer
No right of termination due to refusal.
5.3. The rented item may not be removed from the place of use. The customer must
access to our representatives and insurers during normal working hours
to the place of use and to the rental property.
6. Delivery and collection of the rental item/return of the rental item
6.1. The arrival and departure begins and ends in the depot of the company ProKoVent GmbH -
Arrival/departure times as well as set-up times are considered operating times and will be the same
calculated. Crane-related downtimes due to strong winds, the
continuously exceed 1 hour, will be charged at 80% of the agreed
Hourly or daily rates calculated - shorter interruptions are considered
normal operating times.
The access roads and the workplace for our devices must be free of
all objects that hinder or make it difficult to start and work
be able. It is also important to ensure that the roads or
the terrain to be driven on has the necessary level and soil strength. That
Preparation of the aforementioned places has to be done in good time and free of charge for us
take place. Any damage to the ground on the access roads will be at your expense
of the customer.
6.2. If we have taken over the delivery and collection of the rented property and/or its assembly and disassembly, the customer must ensure that the place at
where the rented item is to be used (site of use), for trucks with a
permissible total weight of up to 40 tons is accessible and passable
and the place of use is suitable for the assembly and use of the rented item.
The customer has - as far as for delivery and collection as well as assembly and dismantling
required - for us free of charge electricity, water and storage facilities on
to provide place of use. If the customer fulfills the aforementioned
Obligations not and can for this reason delivery or construction
of the rented item, we are not obliged to wait longer than the maximum
one hour on site to produce the aforementioned
conditions to wait. Can delivery and/or construction in one
If such a case does not take place, the customer is obliged to bear the costs of further
To carry delivery and assembly attempts, and has for each day to which the
Delivery of the rental property or its assembly delayed to one day
to pay the contractually agreed rent that is no longer due as compensation.
The customer reserves the right to prove that we have no or one
much less damage was done. We are not prevented from having one
claim further damage.
6.3. At the end of the rental period, the customer has the rental item in a clean condition
to be returned or if we have taken over the collection in
clean condition and freely accessible for collection or dismantling
to provide. We are not required to stay longer than two hours on the
Waiting to prepare for dismantling or collection. the
additional costs of a renewed dismantling or collection attempt as well as of
cleaning of the rented item carried out by us, insofar as such is necessary,
the customer bears. For each day after the end of the rental period on which the renter
does not return the rented item or makes it available for dismantling or collection,
he owes the contractually agreed rent for one day as
Damages. The customer reserves the right to prove that we have no
or a significantly lower damage has occurred. we are not prevented
to claim further damage.
7. Customer Liability
The rental property is to be protected against theft, loss and deterioration. the
The customer bears the risk of accidental loss and accidental deterioration
the rental property. The customer's liability for the rented item begins with the provision of the
Goods for unloading and ends with collection of the goods after safer transport
Loading.
8. References
We are entitled to offer our services by naming the customer and
with information about the type and scope of the service and the publication of
Photographs of our performance as a reference for our company in
indicate advertising measures.
D. Other General Provisions
1. Liability
1.1. Unless otherwise stated below, there are further claims
of the customer - for whatever legal reason - excluded. We are liable
not for damage that did not occur on the delivery item itself;
in particular, we are not liable for lost profits or anything else
pecuniary loss of the customer.
1.2. Unless otherwise contractually agreed, we are within the framework of
contractual relationship with the customer does not oblige the customer to
advise or make recommendations. Let's give advice anyway
or if we nevertheless make recommendations, we are not responsible for replacing the
any resulting from compliance with the advice or recommendation
obligated to damage.
1.3. Claims for damages in the event of only slightly negligent breaches of duty
excluded. If we negligently breach an essential contractual obligation or
If customers injure their health, body or life, we are liable according to the
legal regulations. Liability for damages is based on
foreseeable, typically occurring damage.
1.4. No limitation of liability applies to intentional or grossly negligent
Breaches of duty and claims under the Product Liability Act.
1.5. Insofar as our liability for damages is excluded or limited,
this also applies to our representatives, employees, workers, employees and
vicarious agents.


2. Payment Arrangements
2.1. Unless otherwise agreed,  50% of the invoice amount is to be paid up to 7 days before use, the outstanding 50% of the invoice amount net (without deduction) within 30 days of invoicing (verified
based on the invoice date). For each week of late payment, the customer has to pay lump-sum damages of 1% of the invoice amount including any applicable sales tax, up to a maximum of 10% of this amount. The acceptance of a payment without objection and/or unconditional does not mean a waiver of claims for damages.


2.2. Our employees and vicarious agents are not authorized to make payments
to accept them from us unless they have written authorization.
We are not able to accept cheques, bills of exchange or cash
obligated. Checks and bills of exchange are always accepted
performance.


3. Set-Off/Jurisdiction/Governing Law
3.1. The customer can only offset against our claims or
exercise a right of retention if the counterclaim
undisputed, disputed but ready for a decision or legally established.
3.2. For all arising directly or indirectly from the contractual relationship
Disputes apply – subject to different mandatory places of jurisdiction
of federal law – the place of jurisdiction is Zollikon. The legal relationship is subordinate
Swiss law (to the exclusion of the UN Sales Convention (CISG)).

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contact address

ProKoVent GmbH

Bünishoferstrasse 241

8706 Meilen

Switzerland


E-mail:
info@prokovent.ch

 

Authorized representative(s)

Diego Schweizer, Managing Director

 

Commercial register entry

Registered company name: ProKoVent GmbH
Commercial register number: CHE-168.888.575

 

VAT number

CHE-168.888.575 VAT

 

Disclaimer

The author assumes no liability for the correctness, accuracy, timeliness, reliability and completeness of the information.

 

Liability claims against the author for material or immaterial damage resulting from access to, use or non-use of the published information, misuse of the connection or technical faults are excluded.

All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.

 

Disclaimer for Links

References and links to third-party websites are outside our area of responsibility. It rejected any responsibility for such websites. Access to and use of such websites is at the user's own risk.

 

copyrights

The copyright and all other rights to content, images, photos or other files on this website belong exclusively to ProKoVent GmbH or the specifically named rights holders. The written permission of the copyright holder must be obtained in advance for the reproduction of any element.
 

 


Source: Swiss Attorney

Privacy Policy

introduction

We ("we", "us", "our") are committed to protecting the privacy of users ("User" or "you") of our website and/or mobile app (the "Website" or " Mobile App”) very seriously and we are committed to protecting the information that users provide to us in connection with the use of our Website and/or our Mobile App (collectively: “Digital Assets”). Furthermore, we are committed to protecting and using your information in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use, and disclosure of your information through the use of our digital assets (the "Services") when you access the Services through your devices.

Please read the Privacy Policy carefully and ensure you fully understand our practices regarding your information before using our Services. If you have read and fully understood this policy and do not agree with our practices, you must stop using our digital assets and services. By using our services, you accept the terms of this privacy policy. Continued use of the Services constitutes your acceptance of this Privacy Policy and any changes thereto.

In this privacy policy you will learn:

  • How we collect data

  • What data we collect

  • Why we collect this data

  • Who we share the data with

  • Where the data is stored

  • How long the data is retained

  • How we protect the data

  • How we deal with minors

  • Updates or changes to the Privacy Policy

What data do we collect?

Category: Always

Below is an overview of the data we may collect:

 

  • Unidentified and non-identifiable information that you provide during the registration process or that is collected through the use of our Services ("Non-Personally Identifiable Information"). Non-personal data do not allow any conclusions as to who collected them. Non-Personally Identifiable Information that we collect consists primarily of technical and aggregate usage information.

  • Individually identifiable information, meaning anything from which you can be identified or could be identified with reasonable effort (“Personal Information”). The Personal Information we collect through our Services may include information requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses and more. If we combine personal information with non-personal information, we treat it as personal information for as long as it is combined.

How do we collect data?

Category: Always

Below are the main methods we use to collect data:

 

  • We collect data when you use our services. Therefore, when you visit our digital assets and use the Services, we may collect, record and store usage, sessions and related information.

  • We collect data that you provide to us yourself, for example if you contact us directly via a communication channel (e.g. an e-mail with a comment or feedback).

  • We may collect information from third party sources as described below.

  • We collect information that you provide to us when you log into our Services through a third party such as Facebook or Google.

Why do we collect this data?

Category: Always

We may use your data for the following purposes:

 

  • to provide and operate our Services;

  • to develop, customize and improve our Services;

  • to respond to your feedback, requests and requests and to offer assistance;

  • to analyze request and usage patterns;

  • for other internal, statistical and research purposes;

  • to improve our data security and fraud prevention capabilities;

  • to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;

  • to provide you with updates, news, promotional materials and other information related to our Services. In the case of promotional e-mails, you can decide for yourself whether you wish to continue to receive them. If not, just click the unsubscribe link in those emails.

Who do we share this data with?

Category: Always

We may share your data with our service providers in order to operate our services (e.g. storing data via third-party hosting services, providing technical support, etc.).

 

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent, or address unlawful activity or other wrongdoing; (ii) to establish or exercise our rights of defense; (iii) to protect our rights, property, or personal safety, or the safety of our users or the public; (iv) in the event of a change of control of us or any of our affiliated companies (by way of a merger, acquisition or purchase of (substantially) all assets, etc.); (v) to collect, hold and/or manage your data using authorized third party service providers (e.g. cloud service providers) as appropriate for business purposes; (vi) to work collaboratively with third parties to improve your user experience. To avoid misunderstandings, we would like to point out that we can transfer or pass on non-personal data to third parties or use them in any other way at our own discretion.

Category: User has a blog or forum

Please note that our Services enable social interactions (e.g. posting content, information and comments publicly and chatting with other users). We remind you that any content or data that you make available in these areas can be read, collected and used by other people. We do not recommend posting or sharing information that you do not want to make public. If you upload content to our digital assets or otherwise make it available as part of using any service, you do so at your own risk. We cannot control the actions of other users or members of the public with access to your data or content. You acknowledge and hereby acknowledge that copies of your data may remain accessible even after deletion on cached and archived pages or after a third party has made a copy/storage of your content.

Cookies and Similar Technologies

When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts, and other technologies and analytics services ("Tracking Technologies"). These Tracking Technologies may enable third parties to collect your information automatically in order to improve the browsing experience on our digital assets, to optimize their performance and to ensure a customized user experience, as well as for security and fraud prevention purposes.

 

To learn more about this, please read our cookie policy.

Category: The user is NOT affiliated with an advertising service

We will not share your email address or other personally identifiable information with any advertising company or advertising network without your consent.

Category: The user is connected to an advertising service, a campaign manager or to Facebook Ads

We may provide advertising, which may also be tailored to you, through our Services and our digital assets (including websites and applications that use our Services), such as: B. Ads based on your recent browsing behavior on websites, devices or browsers.

 

In order to serve these advertisements to you, we may use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or HTML5 local storage and/or other technologies. We may also use third parties such as B. Network advertisers (ie third parties who serve ads based on your website visits) to serve targeted ads. Third-party ad network providers, advertisers, sponsors and/or website traffic measurement services may also use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or Flash cookies and/or other technologies to improve effectiveness measure your ads and customize ad content for you. These third party cookies and other technologies are governed by the specific privacy policy of the third party and not this one.

Where do we store the data?

Category: Always

Non-Personally Identifiable Information

 

Please note that our companies and our trusted partners and service providers are located around the world. For the purposes explained in this Privacy Policy, we store and process all non-personal data that we collect in different jurisdictions.

Category: User collects personal data

Personal Data

Personal information may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and other jurisdictions to the extent required for the proper provision of our Services and/or by law (as further explained below).

How long is the data retained?

Category: Always

Please note that we retain the information we collect for as long as is necessary to provide our services, comply with our legal and contractual obligations to you, resolve disputes, and enforce our agreements.

We can correct, supplement or delete incorrect or incomplete data at any time at our own discretion.

How do we protect the data?

Category: Always

The hosting service for our digital assets provides us with the online platform through which we can offer our services to you. Your data may be stored through our hosting provider's data storage, databases and general applications. It stores your data on secure servers behind a firewall, and it offers secure HTTPS access to most areas of its services.

Category: User accepts payments/eCom

All payment options offered by us and our hosting provider for our digital assets comply with the regulations of the PCI-DSS (data security standard of the credit card industry) of the PCI Security Standards Council (council for security standards of the credit card industry). This is a collaboration between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card data (including physical, electronic, and procedural controls) by our store and service providers.

Category: Always

Notwithstanding the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee the absolute privacy or security of any information you upload, post or otherwise disclose to us or others.

For this reason, we would like to ask you to set strong passwords and, if possible, not to transmit to us or others confidential information, the disclosure of which you believe could cause serious or lasting harm to you. In addition, since email and instant messaging are not considered secure forms of communication, we ask that you do not share any confidential information through any of these communication channels.

How do we deal with minors?

Category: User does NOT collect data from minors

The Services are not intended for users who have not yet reached the legal age of majority. We will not knowingly collect information from children. If you are under the age of majority, you should not download or use the Services or provide any information to us.

 

We reserve the right to request proof of age at any time so that we can verify that minors are using our Services. In the event that we become aware that a minor is using our Services, we may block or block access to our Services for such users and we may delete any information we hold about that user. If you have reason to believe that a minor has provided us with information, please contact us as set out below.

Category: User collects data from minors

Children can use our services. However, if you want access to certain features, you may be required to provide certain information. Collection of some information (including information collected via cookies, web beacons and other similar technologies) may be automatic. If we knowingly collect, use or disclose any information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law. We do not condition a child's participation in an online activity to the child providing more contact information than is reasonably necessary to participate in that activity. We only use the information we collect in connection with the services that the child has requested.

 

We may also use a parent's contact information to communicate about the child's activities on the Services. Parents can see information we have collected from their child, prohibit us from collecting any more information about their child, and request that all information we have collected be deleted from our records.

 

Please contact us to view, update or delete your child's information. To protect your child, we may ask you to provide proof of your identity. We can deny you access to the data if we believe that your identity is in question. Please note that certain data cannot be deleted due to other legal obligations.

Category: Always

We will only use your personal information for the purposes set out in the Privacy Policy and only when we are satisfied that:

 

  • the use of your personal information is necessary to perform or enter into a contract (e.g. to provide you with the Services themselves or to provide customer or technical support);

  • the use of your personal data is necessary to comply with a relevant legal or regulatory obligation, or

  • the use of your personal information is necessary to support our legitimate business interests (provided that we do so at all times in a way that is proportionate and respects your privacy rights).

As an EU resident you can:

 

  • request confirmation as to whether or not personal data concerning you is being processed and request access to your stored personal data and certain additional information;

  • request to receive personal data that you have provided to us in a structured, commonly used and machine-readable format;

  • request rectification of your personal data held by us;

  • request the erasure of your personal data;

  • object to our processing of your personal data;

  • request the restriction of the processing of your personal data, or

  • lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal information we collect and how we use it, please contact us as provided below.

In the course of providing the Services, we may transfer information across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions around the world. By using the Services, you consent to the transfer of your information outside of the EEA.

 

If you are a resident of the EEA, your personal data will only be transferred to locations outside the EEA where we are satisfied that an adequate or comparable level of protection of personal data is in place. We will take appropriate steps to ensure that we have appropriate contractual arrangements in place with our third parties to ensure that appropriate safeguards are in place to minimize the risk of unlawful use, alteration, destruction, loss or theft of your personal information and that such third parties will act in accordance with applicable laws at all times.

California Consumer Protection Law Rights

 

If you are using the Services as a California resident, you may have rights under the California Consumer Privacy Act ("CCPA") to request access to and deletion of your information.

 

To exercise your right to access and delete your data, please see below how to contact us.

Category: The website does not sell any data of its users

We do not sell users' personally identifiable information for the intent and purposes of the CCPA.

Category: Websites with a blog or forum

Users of the Services who are California residents and under the age of 18 may request and obtain removal of their posted content by emailing the address provided in the "Contact Us" section below. These requests must all be labeled "California Removal Request." All requests must include a description of the content you wish to remove and information sufficient to enable us to locate the material. We will not accept communications that are unidentified or improperly submitted, and we may not be able to respond if you do not provide sufficient information. Please note that your request does not ensure that the material will be completely or comprehensively deleted. For example, material you post may be republished or reposted by other users or third parties.

Updates or changes to the Privacy Policy

Category: Always

We may, in our sole discretion, revise this Privacy Policy from time to time, the version posted on the Website will always be current (see “As of Date” statement). We encourage you to periodically review this Privacy Policy for changes. If there are any significant changes, we will post a notice on our website. Your continued use of the Services after notification of changes has been posted to our website constitutes your acknowledgment and acceptance of the changes to the Privacy Policy and your agreement to be bound by the terms of those changes.

Contact

Category: Always

If you have general questions about the Services or the information we collect about you and how we use it, please contact us at:

 

Name: ProKoVent GmbH

Address: Bünishoferstrasse241, 8706 miles

Email address: info@prokovent.ch

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