
Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
ASO Safety Solutions, Inc., 350 N Frontage Road, Landing, NJ 07850
These General Terms and Conditions of Sale and Delivery (herein, “Terms and Conditions”) are applicable to all customers (collectively, the “Customers” and each, individually, a “Customer”) of ASO Safety Solutions, Inc., a New Jersey corporation (the “Company”).
1. Terms and Conditions of Sale:
1.1 The Company shall sell and deliver to the Customer and the Customer shall purchase and accept from the Company the products (herein, the “Products”) described on or in any confirmed order, agreement or quotation, or any combination thereof (the “Order”), pursuant to the terms and conditions of the Order and those specified below, which taken together shall constitute the entire agreement between the Company and the Customer regarding the Products (herein, this “Agreement”).
1.2 Unless otherwise agreed in writing or otherwise stated on the quotations, all quotations for Products are valid for a period of thirty (30) days from the date of issue. Subsequent modifications in quantity or quality, if such are requested by the Customer, generally will cause a modification of the quoted price. The Customer shall bear all costs associated with the modification of the Order.
1.3 No Order is binding upon the Company until the earlier of acceptance of the Order in writing with an order confirmation or the delivery of the Products to the Customer. Notwithstanding any prior acceptance of an Order by the Company, the Company shall have no obligation if the Customer is in breach of any of its obligations hereunder, or any other agreement between the Customer and the Company, at the time the Company’s performance was due.
1.4 All verbal agreements concerning the terms of any Order, including agreements made by telephone, shall have no force and effect unless and until acknowledged by the Company in writing.
1.5 Orders placed with and accepted by the Company may not be canceled except upon the Company’s written consent prior to shipment and the Customer’s acceptance of the Company’s cancellation charges which shall protect the Company against all costs and losses. The Company reserves the right to cancel any Order hereunder in the Company’s sole discretion without liability to the Company (except for refund of monies already paid).
2. Prices:
2.1 All price quotations are EXW (per Incoterms 2010) from the Company’s shipping facility at 350 N Frontage Road, NJ 07850 and do not include costs for packaging, postage or other freight charges, insurance or taxes, if any.
2.2 Prices in catalogues and brochures are not binding unless confirmed in writing by the Company in order confirmation.
2.3 The price of the Products shall be the Company’s current prices in effect from time to time or by special price quotes made to customer in writing.
2.4 The Company may, without notice to the Customer, increase the price of Products by the amount of any new or increased tax or duty (excluding franchise, net income and excess profits taxes) which the Company may be required to pay on the manufacture, sale, transportation, delivery, export, import or use of the Products or the materials required for their manufacture or which affects the costs of such materials.
3. Terms of Payment:
3.1 Unless otherwise agreed to in writing by the Company, invoices issued by the Company are due and payable by the Customer within thirty (30) days from the invoice date. The Customer shall make payments by check or wire transfer to the account indicated on the invoice without a cash discount or offset and the Company shall not be required to incur any expense to receive timely payment in full as required by this Agreement. Payments by check shall be subject to collection and shall be received by the Company within said thirty (30) day period. In the event of returned checks, the Company shall be entitled to charge a $25 processing fee.
3.2 Unless otherwise agreed to in writing by the Company, invoices for the production material (the “Tools” as defined below in Section 4.6) will be invoiced separately by the Company.
3.3 The Company may without notice change or withdraw extensions of credit at any time. If the Company ceases to extend credit terms before shipment, the Customer’s sole remedy shall be cancellation of its order. If the Customer does not receive notice before shipment, its sole remedy shall be rejection of the Products immediately upon delivery.
3.4 If the Customer fails to make payment on or before the date required, the Customer shall pay interest to the Company at the rate of one point five (1.5%) percent per month or such lesser amount permitted by law. The specification or charging of interest shall not be deemed an agreement to extend credit.
3.5 If the Customer fails to observe these Terms and Conditions or the terms of any other agreements between the Company and the Customer, or if the Customer becomes insolvent, all balances then due and owing to the Company shall become due immediately, notwithstanding any agreed upon payment periods. Any Orders that have been confirmed by the Company but not yet filled shall in such cases become cancelable at the sole discretion of the Company.
3.6 The Customer does not enjoy a right of set-off under any circumstances.
4. Delivery Terms:
4.1 Unless otherwise provided on the face hereof, all Products furnished hereunder will be shipped EXW (per Incoterms 2010) and title in, risk of loss, and the right of possession to such Products shall pass to the Customer upon the Company’s delivery to a carrier at the Company’s shipping facility, and the Company is not responsible for damage or loss in transit, regardless of whether or not the Customer may have the right to reject or revoke acceptance of said Products. The Company can arrange for in-transit insurance at the Customer’s expense, but will not do so without the Customer’s written instructions. Unless otherwise stated in Agreement documents, all Products will be shipped freight prepaid and billed. Charges for shipping may not reflect net transportation cost paid by the Company. The Company shall be responsible for all import requirements of any country into which it seeks to import the Products. The Company shall be entitled to make partial deliveries or deliveries prior to the agreed-upon delivery date, provided that the Company notifies the Customer of the same.
4.2 The Customer shall pay all freight, transportation, shipping, insurance and handling charges, duties, and taxes, including any applicable VAT, sales, personal property, ad valorem, and other taxes, duties, levies or charges imposed by any governmental authority, irrespective of whether applicable law makes such items the responsibility of the Customer or the Company, but excluding any taxes payable by the Company with respect to its net income.
4.3 The Company shall be entitled to deliver excess or short deliveries within a ten (10) percent tolerance of the total order quantity if the difference results from technical or production causes. The invoice amount shall then be adjusted accordingly.
4.4 The Products shall be packaged as stated in the Company’s order confirmation. The Customer shall be exclusively responsible for, and shall provide the Company with, any information necessary to comply with special labeling requirements applicable at the Customer’s place of business. The Company is not bound to organize export clearance.
4.5 Subject to the Company’s available facilities at the shipping point, the Company shall determine the type of transportation and shall notify the Customer thereof at the time the Customer places each Order. The Company or its agent may select any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products. The Company will make deliveries of the Products in the quantities ordered as near as reasonably possible to the Customer’s requested delivery dates.
4.6 The Company shall use its reasonable efforts to deliver the Products to the Customer by the agreed upon date. However, time shall not be of the essence. Except in cases of the Company’s willful misconduct or gross negligence, the Company shall not be liable to Customer for delays in delivery or damage to Products while in transit, irrespective of whether the Company or the Customer determined the mode of transportation.
4.7 In cases of deliveries of Products manufactured to the Customer’s specification (“Special Orders”) and unless otherwise agreed to in writing, all tools, drawings, samples, models, plans, blueprints or other devices and/or documents used and/or developed by the Company (the “Tools”) in order to fulfill any Order or Special Order are the property of the Company, even if the cost of development and/or manufacturing of such tools, models, plans, blueprints or other devices and/or documents was wholly or partially borne by the Customer.
5. Termination:
5.1 In addition to any other remedies that the Company may have, the Company may terminate this Agreement with immediate effect upon written notice to the Customer, if the Customer: (i) fails to pay any amount when due under this Agreement and that failure continues thirty (30) days after the Customer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any terms under this Agreement, in whole or in part; (iii) becomes insolvent, (iv) calls a meeting of its creditors, or (v) makes any assignment for the benefit of creditors, or if (vi) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against the Customer.
5.2 In each such occasion, the Company may, at its sole discretion, opt to (1) cancel this and any other Agreement with the Customer (without waiving any of the Company’s rights to pursue any remedy against the Customer); (2) claim return of any Products in the possession of the Customer, the title of which has not passed to the Customer, and enter the Customer’s premises (or the premises of any associated company or agent where such Products are located), without liability for trespass or any alleged damage, to retake possession of such Products; (3) defer any shipment hereunder; (4) declare forthwith due and payable all outstanding invoices of the Customer under this or any Agreement; and/or (5) sell all or part of the undelivered Products, without notice at public and/or on private sale, while the Customer shall be responsible for all costs and expenses of such sale and be liable to the Company for any shortfall in the discharge of the amounts due to the Company.
5.3 The Customer’s obligations under Sections 6, 7, 9, 10, 11, 13, 14, 16 will survive any termination of this Order.
6.Security Interest:
6.1 As security for the timely payment and performance of all Customer’s indebtedness to the Company, the Customer hereby grants to the Company a first -priority security interest in the Products following delivery thereof to the Customer (“Collateral”). Such Interest shall remain in force until payment in full of the entire purchase price for the Products and any other amounts due to the Company by the Customer.
6.2 If so requested by the Company, the Customer shall deliver to the Company, in form and substance satisfactory to the Company, and duly executed as required by the Company, financing statements and other security interest per¬fec¬tion documentation in form and substance satisfactory to the Company, duly filed under the UCC in all juris-dictions as may be necessary, or in the Company’s opinion, desir¬able, to perfect the Company’s security interest and lien in the Collateral, in order to establish, perfect, preserve and protect the Company’s security interest as a legal, valid and enforceable security interest and lien, and all property or documents of title, in cases in which possession is required for the perfection of the Company’s security interest.
7. Indemnity:
7.1 The Customer agrees to defend, indemnify and hold the Company (and its agents, representatives, employees, officers, related companies, successors and assigns, and customers) harmless from all claims, demands, actions, damages, and liabilities (including attorney’s fees and consequential and incidental damages) arising out of any injury (including death) to any person or damage to any property in any way connected with any act or omission of the Customer, its agents, employees, or subcontractors.
8. Force Majeure:
8.1 The Company shall not be liable to the Customer or any other person for any failure or delay in the performance of any obligation under this Agreement due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in this Agreement, acts or regulations or priorities of the federal, state or local governments.
8.2 When the event operating to excuse performance by the Company shall cease, this Agreement shall continue in full force until all deliveries have been completed.
9. Intellectual Property:
9.1 The Customer acknowledges the Company and its affiliates are the owners of the brands, trademarks, designs, patents, copyrights and other intellectual property relating to the Company’s Products, and that no right or license is conveyed by the Company to the Customer to manufacture, have manufactured, modify, import or copy such products. The Customer agrees that it will reference brands of the Company or its affiliates only in connection with the use or sale of Products delivered to the Customer hereunder, and not in connection with the sale of any other product, except as separately authorized by the Company in writing.
10. Patent Indemnity:
10.1 If a Product delivered by the Company to the Customer becomes or, in the Company’s opinion, may become the subject of any claim, suit or proceeding for infringement of any patent, the Company may at its option and expense (i) obtain for the Customer the right to use, lease or sell the Product,(ii) replace the Product, (iii) modify the Product, or (iv) remove the Product and refund the purchase price paid by the Customer less a reasonable amount for use, damage or obsolescence. The Company will not be liable for any infringement arising from any modification of a Product, from any combination of a Product with any other product(s), or from the use of a Product in practicing a process or unintended applications. The Company’s total liability to the Customer will not, under any circumstances exceed the purchase price paid for the allegedly infringing Product. The Customer agrees, at its expense, to protect and defend the Company against any claim of patent infringement arising from compliance with the Customer’s designs, specifications or instructions and to hold the Company harmless from damages, costs and expenses attributable to any such claim.
11. Confidentiality:
11.1 The Customer agrees that all drawings, prints and other technical material which the Company may provide to the Customer, whether prepared by the Company or by third parties under Agreement to the Company, contain data which embody trade secrets and confidential know-how of commercial value to the Company or third parties under Agreement to the Company. The Customer agrees (a) to keep such information confidential; (b) that it will not disclose such information to any other person, corporate division or entity; (c) will not use such information except in connection with the Products supplied hereunder; and (d) will not sell, lease, loan or permit any other person, corporate division or entity to use such information for any purpose, without the Company’s prior written consent. Nothing herein shall restrict the use of information generally available to the public.
12. Export Control:
12.1 This Agreement is made subject to any restrictions concerning the export of products or technical information from the United States or other countries that may be imposed on the parties from time to time. Each party agrees that it will not export, directly or indirectly, any technical information acquired from the other party under this Agreement or any Products using such technical information to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so from the appropriate agency or other governmental entity in accordance with applicable law.
13. Dispute Resolution:
13.1 Any controversy or claim arising out of or relating to this Agreement, or the negotiation or breach thereof, shall be exclusively settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”). The award shall be final and binding. Judgment upon the award rendered by the arbitrator or the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York, shall be conducted in the English language, and shall be conducted (i) if the amount in dispute is less than $250,000, before a single arbitrator mutually agreeable to the Company and the Customer, or if no agreement can be reached, then selected by the AAA, or (ii) of the amount in dispute is $250,000 or more, before three (3) arbitrators. The arbitrator(s) shall make detailed findings of fact and law in writing in support of his, her or their decision, and shall award reimbursement of attorney’s fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. In addition, the losing party shall reimburse the prevailing party for reasonable attorneys’ fees and disbursements, the costs of the arbitration (including but not limited to the fees and expenses of the arbitrator and expert witnesses) and the costs incurred by the prevailing party in successfully seeking any preliminary equitable relief or judicially enforcing any arbitration award.
14. Governing Law:
14.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to principles of conflict of laws thereof or the UN Convention on Agreements for the International Sale of Products of 1980.
15. Severability:
15.1 If any provision contained in this Agreement is held to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in this Agreement, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. Notwithstanding the foregoing, however, if the severed or modified provision concerns all or a portion of the essential consideration to be delivered under this Agreement by one party to the other, the remaining provisions of this Agreement shall also be modified to the extent necessary to equitably adjust the parties’ respective rights and obligations hereunder.
16. Miscellaneous:
16.1 In the event of a violation or threatened violation of the Company’s proprietary rights, the Company shall have the right, in addition to such other remedies as may be available pursuant to law or this Agreement, to temporary or permanent injunctive relief enjoining such act or threatened act. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that the Company would suffer irreparable harm.
16.2 Each party will comply with all applicable laws, regulations, and ordinances, and the Customer will comply with the export and import laws and regulations in effect as of the date of shipment of the Products of any country involved in the transactions contemplated by the Agreement.
16.3 The parties hereto are independent contractors and nothing in this Agreement will be construed as creating a joint venture, employment or agency relationship between the parties. The Customer shall not be entitled to assign the rights and obligations of the Customer set forth in this Agreement without the prior written consent of the Company.
16.4 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
16.5 This Agreement, including any Schedules attached hereto, contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements between them, whether oral or written, of any nature whatsoever with respect to the subject matter hereof. This Agreement is binding upon the parties hereto, their successors and permitted assigns. It can only be amended in writing which (i) specifically refers to the provision of this Agreement to be amended and (ii) is signed by both parties.
Click here to download our Warranties and Disclaimers.
WARRANTIES AND DISCLAIMERS:
ASO Safety Solutions, Inc. (“Company”) warrants that the product will be free from substantial defects in material and workmanship, and will substantially perform in accordance with the technical specifications set forth in the description of the product for the duration of the warranty period specified below.
The warranty period is twelve (12) months from the date of delivery. Proof of date of delivery must be provided.
The product (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed. During the warranty period, Company will repair or replace any defective item of the product or parts or components of the product promptly reported to Company by customer and which Company determines was defective due to a warranty defect. In the event that Company determines, in its reasonable discretion, that the defect in a product was not caused by customer or a third party, Company shall, at its sole discretion, either (i) remedy the defect, or (ii) replace the defective product, or (iii) provide customer with a refund or credit for the purchase price paid to Company by customer for the defective product.
Company may, at its own discretion and costs, elect to first attempt to repair any defect at Company’s facilities in RLanding, New Jersey, and thereafter, at Company’s discretion, travel to customer’s location. Labor costs of diagnosis are not included in this warranty. Under no circumstances shall the repair of any product result in an extension of the warranty period granted herein. Customer shall not attempt to repair or resolve any product without the prior consent of Company. Any attempt by customer to repair or resolve any product without the prior consent of Company shall void this warranty. Because the product requires on-going maintenance, the preceding warranty is not a substitute for maintenance services or other support service by Company.
Customer is obligated to carry out an incoming goods inspection within 10 business days after receipt of the products. If customer fails to comply with this obligation, any and all warranty claims shall lapse.
The warranty as to the product does not cover any defect under warranty attributable in whole or in part to (i) non-Company products and services, and any interfaces or links of such to the products, alterations of out-of-specification supplies, (ii) accidents, misuse, negligence or failure of customer to follow instructions for proper use, care and cleaning of the product, (iii) external factors (e.g., failure or fluctuation of electrical power or air conditioning, fire, flood), or (iv) failure by customer to comply with Company’s specifications.
EXCEPT AS EXPRESSLY STATED AND SET FORTH HEREIN, THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE PRODUCT AND NO SUCH WARRANTIES OR REPRESENTATIONS SHALL BE IMPLIED UNDER ANY APPLICABLE LAW, IN EQUITY OT OTHERWISE, INCLUDING WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY WHICH MAY BE IMPLIED UNDER COMMON LAW OR UNDER THE UNIFORM COMMERCIAL CODE OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES OF AMERICA.
LIMITATION OF LIABILITY
Unless further limited elsewhere in this Agreement, the entire liability of Company and customer’s exclusive remedy for damages from any cause related to or arising out of a warranty defect, regardless of the form of action, whether in contract or in tort, will not exceed the amount of the purchase price for each purchase order for the product which is the subject matter or directly related to the causes of action asserted.
In no event will Company, its agents, subcontractors, suppliers and employees be liable for (a) any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenue, profits or savings, substitute rental or for any other reason, even if Company knew or should have known of the possibility of such losses or damages, (b) claims, demands or actions against customer by any person, except as provided by applicable law.
INFRINGEMENT CLAIMS – INDEMNIFICATION
Company shall indemnify and save customer harmless from any judgements for damages and their costs which may be rendered against customer in any suit brought against customer on account of the infringement of any United States patent or trademark by any products supplied by the Company hereunder, provided that the customer promptly notifies the Company of the commencement of any such suit and authorizes Company to settle or defend such suit as Company may see fit and provided further that customer renders every reasonable assistance which Company may require in defending any such suit.
CREDIT SUSPENSION / PAYMENT ACCELERATION
Company may at will suspend performance of any order, declare a debt’s entire balance due or require payment in cash, collateral as security or other adequate assurances satisfactory to Company including but not limited to payment in advance when, because of the financial condition the customer or otherwise Company deems its position regarding the prospect of payment insecure.
CUSTOMER`S CANCELLATION / RETURN OF PRODUCTS
Orders accepted by Company and subsequently cancelled by customer for reasons beyond control of Company are subject to cancellation charges. As to products returned to Company, customer is limited to credit allowance. CASH REFUNDS WILL NOT BE GIVEN. No returns will be accepted without a “Return Authorization Number”, this number must be clearly visible on all packages.
RISK OF LOSS
Deliveries of the products are made ex works Company’s facilities in Landing, New Jersey and risk of loss passes to customer at the time the products are placed at his disposal. Loading and transportation shall be at customer’s sole risk and expense and any claim for loss or damage in transit shall be against the carrier only.
CLERICAL ERRORS
Company has the right to correct any stenographic or clerical errors in any of the writings issued by it and is not responsible for the content of such error.
Disclaimer
Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
It is hereby declared that ASO GmbH has no influence whatsoever on the design and content of the external websites linked to this homepage. ASO GmbH therefore expressly distances itself from all content on all linked external websites and does not adopt this content as its own.
1. Content of the online offering
The author accepts no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.
All offers are subject to change and 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.
2. References and links
Note: In its ruling of May 12, 1998 – 312 O 58/98 – “Liability for Links,” the Regional Court (LG) of Hamburg decided that references to other websites on the Internet may result in joint responsibility for the content of those websites. Joint responsibility for such sites can be prevented by expressly distancing oneself from their content. We therefore expressly distance ourselves from all content on sites that can be accessed via links from our sites.
In the case of direct or indirect references to external websites (“links”) that are outside the author’s area of responsibility, liability would only arise in the event that the author was aware of the content and it would have been technically possible and reasonable for him to prevent use in the event of illegal content.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence whatsoever on the current and future design, content, or authorship of the linked pages. Therefore, he hereby expressly distances himself from all content on all pages that has been changed since the link was created. This statement applies to all links and references within the author’s own website as well as to external entries in the guestbook set up by the author. The provider of the page to which reference is made is solely liable for illegal, incorrect, or incomplete content and in particular for damage resulting from the use or non-use of such information, not the person who merely refers to the respective publication via links.
3. Copyright and trademark law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by himself, or to make use of license-free graphics, sound documents, video sequences, and texts.
All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any reproduction or use of such graphics, audio files, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author.
4. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Privacy Policy
Information on data protection for customers and suppliers
1. Data protection at a glance
General information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. Their contact details can be found in the imprint on this website.
How do we collect your data?
Your data is collected when you provide it to us. This may include, for example, data that you enter in a contact form.
Other data is collected automatically or with your consent when you visit the website by our IT systems. This is primarily technical data (e.g., Internet browser, operating system, or time of page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to obtain information about the origin, recipient, and purpose of your stored personal data at any time and free of charge. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
If you have any questions about this or other data protection issues, please feel free to contact us at any time at the address given in the legal notice.
Analytics tools and third-party tools
When you visit this website, your surfing behavior may be statistically evaluated. This is mainly done using so-called analysis programs.
Detailed information about these analysis programs can be found in the following privacy policy.
2. Hosting and Content Delivery Networks (CDN)
External Hosting
This website is hosted by an external service provider (host). The personal data collected on this website is stored on the host’s servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses, and other data generated via a website.
The use of the host is for the purpose of fulfilling our contractual obligations to our potential and existing customers (Art. 6 (1) (b) GDPR) and in the interest of a secure, fast, and efficient provision of our online services by a professional provider (Art. 6 (1) (f) GDPR).
Our host will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.
Conclusion of a contract for order processing
To ensure data protection compliance, we have concluded a contract for order processing with our host.
3. General information and mandatory information
Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.
Note on the responsible body
The responsible body for data processing on this website is:
ASO GmbH
Antriebs- und Steuerungstechnik
Hansastraße 52
59557 Lippstadt
Phone: + 49 2941 9793-0
E-Mail: aso-eu@asosafety.com
The responsible body is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.).
Legally required data protection officer
We have appointed a data protection officer for our company.
Erik Joel Hallmann, LL.M.
Biehn & Professionals GmbH
Wiesenstraße 32
33397 Rietberg-Mastholte, Germany
Phone: + 49 2944 97971-0
E-Mail: datenschutz@biehn-und-professionals.de
Withdrawal of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to data collection in specific cases and to direct marketing (Art. 21 GDPR)
IF DATA PROCESSING IS BASED ON ART. 6 PAR. 1 LIT. E OR F OF THE GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN PROVE THAT THERE ARE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).
Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done if it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Information, deletion, and correction
Within the framework of the applicable legal provisions, you have the right to obtain information free of charge at any time about your stored personal data, its origin and recipients, and the purpose of data processing, and, if applicable, a right to correct or delete this data. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. To do so, you can contact us at any time at the address given in the legal notice. The right to restrict processing applies in the following cases:
- If you dispute the accuracy of your personal data stored by us, we will usually need time to verify this. For the duration of the verification process, you have the right to request that the processing of your personal data be restricted.
- If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
- If we no longer need your personal data, but you need it to exercise, defend, or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of its deletion.
- If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data may – apart from its storage – only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.
Objection to advertising emails
We hereby object to the use of contact data published within the scope of the imprint obligation for sending unsolicited advertising and information materials. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, for example through spam emails.
4. Data collection on this website
Cookies
Our websites use so-called “cookies.” Cookies are small text files and do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.
In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services provided by the third-party company (e.g., cookies for processing payment services
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.
Cookies that are necessary for the electronic communication process (necessary cookies) or for the provision of certain functions requested by you (functional cookies, e.g. for the shopping cart function) or to optimize the website (e.g. cookies for measuring the web audience) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies has been requested, the storage of the relevant cookies is based exclusively on this consent (Art. 6 para. 1 lit. a GDPR); consent can be revoked at any time.
You can configure your browser to notify you when cookies are set and only allow cookies in individual cases, exclude the acceptance of cookies in certain cases or in general, and activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functionality of this website may be limited.
If cookies are used by third-party companies or for analysis purposes, we will inform you separately in this privacy policy and, if necessary, ask for your consent.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of server request
- IP-Address
This data is not merged with other data sources.
This data is collected on the basis of Art. 6 (1) lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website – for this purpose, the server log files must be collected.
Enquiry by email, telephone or fax
If you contact us by email, telephone, or fax, your inquiry, including all resulting personal data (name, inquiry), will be stored and processed by us for the purpose of processing your request. We will not disclose this data without your consent.
The processing of this data is based on Art. 6 (1) lit. b GDPR, provided that your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR), if this has been requested.
The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to its storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory legal provisions—in particular statutory retention periods—remain unaffected.
5. Analysis tools and advertising
etracker
The provider of this website uses services from etracker GmbH in Hamburg, Germany (www.etracker.com) to analyze usage data. We do not use cookies for web analysis as standard. If we use analysis and optimization cookies, we will obtain your explicit consent separately in advance. If this is the case and you agree, cookies will be used to enable statistical reach analysis of this website, measurement of the success of our online marketing measures, and testing procedures, e.g., to test and optimize different versions of our online offering or its components. Cookies are small text files that are stored by the Internet browser on the user’s device. etracker cookies do not contain any information that enables a user to be identified.
The data generated by etracker is processed and stored exclusively in Germany on behalf of the provider of this website and is therefore subject to strict German and European data protection laws and standards. etracker has been independently audited, certified, and awarded the ePrivacyseal data protection seal of approval.
Data processing is carried out on the basis of the legal provisions of Art. 6 (1) lit. f (legitimate interest) of the General Data Protection Regulation (GDPR). Our concern within the meaning of the GDPR (legitimate interest) is the optimization of our online offering and our website. Since the privacy of our visitors is important to us, data that may allow a connection to an individual person, such as IP addresses, login IDs, or device IDs, is anonymized or pseudonymized as early as possible. No other use, combination with other data, or transfer to third parties takes place.
You may object to the aforementioned data processing at any time. Objecting will not have any negative consequences.
Further informationen on data protection at etracker you can find here.
Conclusion of a contract for order processing
We have concluded a contract with the provider of etracker for order processing and fully implement the strict requirements of the German data protection authorities when using etracker.
Conclusion of a contract for order processing
We have concluded a contract with the provider of etracker for order processing and fully implement the strict requirements of the German data protection authorities when using etracker.
6. Newsletter
Newsletter Data
If you would like to subscribe to the newsletter offered on the website, we need your email address and information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. No further data is collected or is only collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.
The data entered in the newsletter registration form is processed exclusively on the basis of your consent (Art. 6 (1) (a) GDPR). You can revoke your consent to the storage of data, your email address, and its use for sending the newsletter at any time, for example via the “Unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.
The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe. Data stored by us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist, if necessary, to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) (f) GDPR). Storage in the blacklist is not limited in time. You can object to storage if your interests outweigh our legitimate interest.
7. Plugins and Tools
YouTube with enhanced data protection
This website embeds videos from YouTube. The operator of the site is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the extended data protection mode does not necessarily prevent data from being passed on to YouTube partners. YouTube establishes a connection to the Google DoubleClick network regardless of whether you watch a video.
As soon as you start a YouTube video on this website, a connection to YouTube’s servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Furthermore, YouTube may store various cookies on your device after you start a video or use comparable recognition technologies (e.g., device fingerprinting). This allows YouTube to obtain information about visitors to this website. This information is used, among other things, to collect video statistics, improve user-friendliness, and prevent fraud attempts.
After a YouTube video has been started, further data processing operations may be triggered over which we have no control.
YouTube is used in the interest of an appealing presentation of our online offerings. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time.
Further information about data protection at YouTube can be found in their privacy policy at: https://policies.google.com/privacy?hl=de.
8. Audio and video conferences
Data processing
We use online conference tools, among other things, to communicate with our customers. The specific tools we use are listed below. When you communicate with us via video or audio conference over the Internet, your personal data is collected and processed by us and the provider of the respective conference tool.
The conference tools collect all data that you provide/use to use the tools (email address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, the start and end (time) of participation in the conference, the number of participants, and other “contextual information” related to the communication process (metadata).
Furthermore, the provider of the tool processes all technical data required for online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speaker, and the type of connection.
If content is exchanged, uploaded, or otherwise made available within the tool, it will also be stored on the tool provider’s servers. Such content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards, and other information shared while using the service.
Please note that we do not have full control over the data processing operations of the tools used. Our options are largely determined by the corporate policy of the respective provider. For further information on data processing by the conference tools, please refer to the privacy policies of the respective tools, which we have listed below this text.
Purpose and legal basis
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 (1) (b) GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest within the meaning of Art. 6 (1) (f) GDPR). If consent has been requested, the use of the relevant tools is based on this consent; consent can be revoked at any time with effect for the future.
Storage period
The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you request us to do so, revoke your consent to storage, or the purpose for data storage no longer applies. Stored cookies remain on your device until you delete them. Mandatory legal retention periods remain unaffected.
We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.
Conference tools used
We use the following conference tools:
Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Microsoft Teams is certified under the EU-US Privacy Shield. Details on data processing can be found in the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.
Conclusion of a contract for order processing
We have concluded a contract with the provider of Microsoft Teams for order processing and fully implement the strict requirements of the German data protection authorities when using Microsoft Teams.
9. Own services
Handling applicant data
We offer you the opportunity to apply for a position with us (e.g., by email, post, or via our online application form). Below, we provide information about the scope, purpose, and use of your personal data collected during the application process. We assure you that the collection, processing, and use of your data will be carried out in accordance with applicable data protection law and all other legal provisions, and that your data will be treated as strictly confidential.
Scope and purpose of data collection
When you send us an application, we process your associated personal data (e.g., contact and communication data, application documents, notes taken during job interviews, etc.) to the extent necessary to decide whether to establish an employment relationship. The legal basis for this is Section 26 of the new German Federal Data Protection Act (BDSG-neu) (initiation of an employment relationship), Article 6(1)(b) of the GDPR (general contract initiation) and – if you have given your consent – Article 6(1)(a) of the GDPR. Consent can be revoked at any time. Your personal data will only be passed on within our company to persons involved in processing your application.
If your application is successful, the data you submit will be stored in our data processing systems for the purpose of implementing the employment relationship on the basis of Section 26 of the new German Federal Data Protection Act (BDSG-neu) and Article 6(1)(b) of the GDPR.
Data retention period
If we are unable to offer you a position, you decline a job offer, or you withdraw your application, we reserve the right to store the data you have provided on the basis of our legitimate interests (Art. 6 (1) (f) GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application). The data will then be deleted and the physical application documents destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is apparent that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your consent (Art. 6 (1) (a) GDPR) or if statutory retention obligations prevent deletion.
Inclusion in the applicant pool
If we do not offer you a position, we may add you to our applicant pool. If you are added to the pool, all documents and information from your application will be transferred to the applicant pool so that we can contact you if a suitable vacancy arises.
Admission to the applicant pool is based solely on your express consent (Art. 6 (1) (a) GDPR). Consent is voluntary and is not related to the current application process. The data subject may revoke their consent at any time. In this case, the data will be irrevocably deleted from the applicant pool, provided there are no legal reasons for retention.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been given.

