fischer Professional

By using this Software, you agree to the following terms and conditions (the "Terms of Use"):

A. Software

1. Terms of Use

This software is a product of fischerwerke GmbH & Co. KG. The copyright lies with fischerwerke GmbH & Co. KG. All rights are reserved.

2. Warranty and Disclaimer

According to the current state of knowledge, errors in a software program cannot be completely excluded. Since the software is provided free of charge, fischerwerke GmbH & Co. KG and all other subsidiaries disclaim all warranties for the software and assume no liability that the results obtained with the software are free of errors, nor that the software can be used for a specific intended purpose and/or is virus-free. Any liability of fischerwerke GmbH & Co. KG for damages attributable to incorrect results and damages attributable to changes to the program by the user is also excluded. The user is responsible for checking the input data, the results and their plausibility against current standards and approvals. The user is solely responsible for the results achieved with the software.

B. Advice through remote consultation (via phone, e-mail, or chat)

1. fischerwerke GmbH & Co. KG provides free advice and information on the selection and use of fischer products by means of remote communication (hereinafter referred to as "remote consultation"). This is a voluntary service provided by fischerwerke GmbH & Co. KG, which is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German civil code), legal entities under public law or special funds under public law.
   
   
2. The remote consultation takes place exclusively on the basis and under validity of these terms of use. This also applies without the user having to be informed separately in each individual case. General terms and conditions of the user shall not apply, even if fischerwerke GmbH & Co. KG has not expressly objected to them. Individual agreements take precedence over these terms and conditions.
   
   
3. It is the responsibility of the user, to communicate all facts required for technical consulting to fischerwerke GmbH & Co. KG, including project or object-related boundary conditions, as well as the relevant technical, organizational or legal specifications. fischerwerke GmbH & Co. KG is not obliged to check the information provided, e.g. for compliance with the actual conditions on site. It is the sole responsibility of the user to ensure that the information and facts provided correspond to the specific application intended by the user. It is pointed out that even minor deviations of the actual circumstances from the boundary conditions and facts, which were determined by fischerwerke GmbH & Co. KG (e.g. type of load, deviations in execution, e.g. in material, design or assembly) may necessitate a technical reassessment and recalculation.
   
   Furthermore, it is pointed out that approvals for products refer to certain areas and modes of application. It is the responsibility of the user to check whether the intended use of the product complies with the application regulated in the product approval.
   
   
4. Likewise, it is the sole responsibility of the user to release the technical solutions, advised by the fischerwerke GmbH & Co. KG free of charge, at his or her own expense being supported by suitable experts. This goes, in particular, with regards to conformity of technical data sheets, technical manuals, operating instructions and approvals of the respective products, applicable local laws and regulations, the recognized rules of technology, as well as the country-specific terms and conditions.
   
   
5. fischerwerke GmbH & Co. KG and its employees are not responsible for construction planning and act neither as technical planners nor as technical engineers, structural planners or architects.
   
   
6. No confirmations of proper installation will be issued via remote consulting. In particular, fischerwerke GmbH & Co. KG does not confirm that products have been installed in accordance with state of the art approvals or operating instructions or the requirements of the user or third parties.
   
   
7. Unless otherwise stated or agreed, all load values communicated in the course of the technical consultation are to be understood as rated loads and not as permissible loads.
   
   
8. The liability of fischerwerke GmbH & Co. KG for damages, regardless of the legal grounds, due to impossibility, delay, defective, incomplete, misleading or incorrect advice, breach of contract and unlawful acts, to the extent that this depends on culpability in each case, is limited according to the following paragraphs a) - d).
   
   a) fischerwerke GmbH & Co. KG shall not be liable in the event of personal negligence, negligence of legal representatives, employees or other vicarious agents, as long as this is not a breach of essential contractual obligations.
   
   b) If fischerwerke GmbH & Co. KG is liable for damages according to the previous paragraph a), this liability shall be limited to damages that could have been forseen by fischerwerke GmbH & Co. KG at the time the advice or information was given, being a possible consequence of incorrect advice. Indirect damage and consequential damage resulting from incorrect advice can only be compensated if such damage is to be expected when the advice or recommendation has been followed.
   
   c) The exclusions and limitations of liability mentioned above shall apply to the same extent in favour of the entities, legal representatives, employees, and other vicarious agents of fischerwerke GmbH & Co. KG.
   
   d) The limitations for fischerwerke GmbH & Co. KG of section 8 do not apply to the liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or in accordance with the Product Liability Act.
   
   
9. If the user is a merchant, legal entity under public law or special fund under public law, Waldachtal is the place of performance and Stuttgart the exclusive place of jurisdiction.
   
   The laws of the Federal Republic of Germany shall exclusively govern all legal relationships between fischerwerke GmbH & Co. KG and the user. The application of the provisions on the international sale of goods (CISG; UN Convention on Contracts for the International Sale of Goods) is expressly excluded.
   
   
10. Should any of the conditions mentioned above be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the regulatory objectives pursued by the invalid or unenforceable provision. The same applies to the filling of any gaps in the contract.

These Terms of Use are valid as of July 15^th, 2019.