Conditions of use

NOE design calculation App for NOE H 20 deck formwork edge, intermediate primary beams and prop spacings

Preamble

NOE-Schaltechnik Georg Meyer-Keller GmbH + Co. KG (hereinafter referred to as NOE) makes available on its website www.noe.de an App (hereinafter referred to as the Calculation App) for performing the design calculations for prop spacing, prop force and the spacing of edge and intermediate primary beams of the NOE H 20 deck formwork system.

This Calculation App allows the calculations to be performed on a PC or on mobile devices.

Every use of this Calculation App is at the user's own responsibility and risk, this also applies to the downloading and installation of this App on a PC or mobile device.

By using the Calculation App, you accept the following conditions of use:

1. Scope of use

1.1 Use is permitted exclusively for business purposes by companies as defined in § 14 BGB (German Civil Code).

1.2 The following conditions therefore apply exclusively in business dealings with a company as defined in § 14 BGB for the purpose described in the Preamble and for the use of NOE products.

2. Protection clause

These conditions apply exclusively to the use and scope of application of the Calculation App in as far as no other contractual agreement is expressly affected. Other regulations, in particular the user's General Terms and Conditions (GTC) are not part of this agreement, even if these GTC are not expressly contradicted by NOE.

3. General use

3.1 The Calculation App was created in accordance with best knowledge and belief and carefully checked before being made available. Irrespective of this, the use is obliged to have the Calculation App operated only by qualified employees who have the necessary structural engineering knowledge about the scope of use named in the Preamble.

3.2 NOE strives to keep its website free of viruses, freedom from viruses cannot be guaranteed however. The user of the Calculation App is obliged to take appropriate security precautions and use a virus scanner.

3.3 NOE provides no guarantee of the availability of the website, the Calculation App or its technical defect-free operation at any time.

3.4 NOE reserves the right to amend the conditions of use at any time. No express notice of amendment of the conditions of use will be issued.

4. User's obligations to check

4.1 The parties agree that it is not possible to develop a program that functions without error for all conditions of application, and that this also applies to the Calculation App.

4.2 The design loads must be carefully worked through in accordance with EN 12812 before the Calculation App is used.

The calculation equations are based on the design loads in EN 12812:

Formwork weight g = 0.35 kN/m²
Live load v = 0.75 kN/m²
Concrete load b= 25 x d kN/m²
Concrete surcharge p = 0.1 x b kN/m²
0.75 ≤ p ≤ 1.75 kN/m²
Total load q= g + v + b + p
Bending deflection formwork I/500 in acc. with EN 12812

4.3 The results obtained from the Calculation App must be carefully checked by the user to verify that they are correct. No liability is accepted for correctness for any use other than for NOE products.

4.4 The burden of producing evidence and proof relating to the compliance with the previously described obligations concerning checking and application is the responsibility of the user.

5. Guarantees/warranty

5.1 NOE affirms that it is the owner of the contractual right of use and is therefore entitled to grant the user the right to use the Calculation App, without infringing the rights of third parties. If this is not the case, NOE will indemnify the user from all third party claims in relation to this.

5.2 Beyond this, no guarantees or assurances are provided. In particular, NOE gives no guarantee of the correctness of the results of the calculations from the Calcualtion App.

5.3 Warranty claims based on any material defects and defects of title are generally excluded.

6. Liability

6.1 Liability for infringements of contractual and extra-contractual obligations are unaffected. NOE is liable for the infringement of these obligations only in the event of intent or gross negligence, limited to the foreseeable damages typical for the use of the Calculation App. Considerable contractual obligations exist if the disclaimer of liability relates to an obligation that must be discharged for proper operation of the application and that the user could ordinarily expect to be honoured. The rules about the burden of proof remain unaffected by this.

6.2 NOE accepts liability for personal injury exclusively in accordance with the mandatory statutory requirements, for other damages only in the event of gross negligence or intent. NOE is not liable for consequential damages, financial loss or data loss.

6.3 Unless the liability of NOE is excluded or limited, this also applies for the personal liability of the officers and directors, contractors, employees, representatives and vicarious agents of NOE.

7. Costs/cessation of the making available of the Calculation App

7.1 The Calculation App is made available free of charge.

7.2 NOE reserves the right to offer the use of the Calculation App only against the payment of a charge.

7.3 NOE is not obliged to further develop the Calculation App or to extend it in particular to other formwork systems other than that named.

7.4 NOE reserves the right to terminate the availability of use of the Calculation App without having to give any reason.

8. Intellectual property rights, contractual penalties

8.1 The Calculation App is the intellectual property of NOE and may not be modified, enhanced, reverse engineered, sold, rented or reused in any way for commercial purposes without the prior written permission of NOE.

8.2 For each case of culpable infringement of the prohibition in 8.1, the user is obliged to pay a contractual penalty of € 5,000-00 excluding the defence of the continuation of an offence. NOE reserves the right to assert damages over and above this sum.

9. Data protection

When using the Calculation App, the user is obliged to comply with the statutory requirements relating to data protection, and in particular not to store any data about persons. The attention of the user is drawn to NOE's data protection policy (www.noe.de/Datenschutzerklaerung.html). These provisions of the data protection policy are part of these conditions of use.

10. Miscellaneous

10.1 If one or more provisions of these conditions of use is or becomes ineffective in part or in whole or an omission is found in the provisions, then this does not influence the effectiveness of the remaining provisions. Completely or partially ineffective provisions or omissions are to be replaced by a suitably effective regulation which, in as far as it is legally possible, fulfils the intended legal and commercial purpose or comes closest to doing so.

10.2 The place of jurisdiction for all disputes arising from the use is the domicile of NOE (Süssen, Germany). The law of Germany applies, excluding the provisions of the UN Sales Convention.

10.3 The disclaimers published at www.noe.de/Impressum.html apply for the NOE websites.

11. Contact

Please address questions about the Calculation App or these conditions of use to info@noe.de