{"id":358377,"date":"2023-11-07T08:41:38","date_gmt":"2023-11-07T07:41:38","guid":{"rendered":"http:\/\/relaunch.elten.com.w01ca985.kasserver.com\/?page_id=358377"},"modified":"2026-08-26T10:38:57","modified_gmt":"2026-08-26T08:38:57","slug":"avl","status":"publish","type":"page","link":"https:\/\/elten.com\/no\/home\/avl\/","title":{"rendered":"AVL"},"content":{"rendered":"<div  class='flex_column av-8lz4d-8be5248c5c147c21e51ea3bd2b2ca3e9 av_one_full  avia-builder-el-0  el_before_av_textblock  avia-builder-el-first  first flex_column_div  '     ><style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d\">\n#top .av-special-heading.av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d{\npadding-bottom:10px;\ncolor:#dd0b2e;\n}\nbody .av-special-heading.av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d .av-special-heading-tag .heading-char{\nfont-size:25px;\n}\n.av-special-heading.av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d .special-heading-inner-border{\nborder-color:#dd0b2e;\n}\n.av-special-heading.av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d .av-subheading{\nfont-size:15px;\n}\n<\/style>\n<div  class='av-special-heading av-llxiivys-ed7c5fa0b17a0a27b4982bc7f02f6f7d av-special-heading-h2 custom-color-heading blockquote modern-quote  avia-builder-el-1  avia-builder-el-no-sibling '><h2 class='av-special-heading-tag'  itemprop=\"headline\"  >ELTEN GmbH\u2019s International Business to Business Standard General Terms and Conditions of Sale and Delivery<\/h2><div class=\"special-heading-border\"><div class=\"special-heading-inner-border\"><\/div><\/div><\/div><\/div><section  class='av_textblock_section av-llxijsoy-bc7d3a4bcc950b9d2fbac56050a8570a '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><p><strong>1. General Provisions, Conclusion of Contract<\/strong><\/p>\n<p>1.1 For our current and future offers, deliveries and\/or services to our international commercial B2B customers who purchase these goods and\/or services for commercial and professional use \u2014 this includes legal entities under public law or special funds under public law (hereinafter collectively referred to as \u201cInternational Buyer(s)\u201d) \u2014 the following terms and conditions (hereinafter \u201cthe Terms\u201d) shall apply exclusively, even if we do not confirm individual orders separately. Orders for goods and\/or services must be placed exclusively via the channels specified by us to the International Buyer.<\/p>\n<p>1.2 We shall be bound by any offer we submit to the International Buyer together with these General Terms and Conditions (including commercial, technical and financial details) for a period of thirty (30) days from the date of submission, unless we extend this period in writing to the International Buyer. In electronic commerce, our confirmation of receipt does not constitute a binding declaration of acceptance of the contractual offer, unless acceptance is expressly stated in the confirmation of receipt on our part.<\/p>\n<p>1.3 Any terms and conditions set forth on any document or documents issued by the International Buyer either before or after issuance of any document by us setting forth or referring to these Terms are hereby explicitly rejected and disregarded by us, and any such document shall be wholly inapplicable to any sale made by us and shall not be binding in any way on us. No offer, confirmation or agreement constitutes an acceptance by us of any other terms and conditions, and we do not intend to enter into an agreement other than under these Terms. Any terms and conditions of the International Buyer that conflict with or deviate from these Terms shall only apply if we expressly confirm them in writing. This requirement for confirmation applies in all cases, for example even if, in individual cases, we do not expressly object to the International Buyer\u2019s deviating terms and conditions and\/or carry out the delivery to the International Buyer without reservation whilst being aware of the International Buyer\u2019s general terms and conditions. By placing the order, or at the latest upon acceptance of the goods delivered and\/or services provided by us, the International Buyer expressly acknowledges the exclusive validity of our Terms. We reserve the right to withdraw from concluded orders and contracts if the International Buyer objects to the validity of our Terms.<\/p>\n<p>1.4 All delivery agreements, as well as any amendments, additions, ancillary agreements, statements regarding their termination and other statements and\/or notifications, must be made in writing (i.e. by email), unless otherwise agreed in these Terms. All our quotations are subject to change and non-binding, unless we expressly designate them as binding offers within the meaning of Clause 1.2 above. There is no entitlement to delivery. We reserve the right to make subsequent deliveries without assuming any guarantee that these will be actually executed.<\/p>\n<p>1.5 If there is a written individual contractual agreement between the International Buyer and us (in particular a framework supply contract or a centralized settlement agreement with an association\/group to which the International Buyer belongs, and the like), the provisions of such a contract shall take precedence over these terms and conditions insofar as there is a conflict between the respective provisions. However, this shall not apply in cases where individual contractual provisions exist between us and the International Buyer which grant the International Buyer more favourable terms (for example, in relation to discounts) than those to which the International Buyer would be entitled under the relevant association regulations.<\/p>\n<p>1.6 In the event that any offer or confirmation is sent in response to the International Buyer\u2018s blanket purchase order by us, the terms and conditions of that offer or confirmation, including these Terms, shall apply to any delivery by us, irrespective of whether the International Buyer submits additional purchase orders (electronically or otherwise) and whether we provide a confirmation to such additional purchase orders. All terms and conditions of such documents by the International Buyer are hereby rejected.<\/p>\n<p><strong>2. Pricing, Payment Default, Set-Off<\/strong><\/p>\n<p>2.1 Offers contained in our brochures, advertisements, price lists and the like \u2013 including price quotations \u2013 are subject to change and non-binding. The prices and discounts valid on the date of delivery or performance shall apply, plus any applicable statutory VAT, where applicable. Unless otherwise agreed in our order confirmation or on an individual basis, our prices are based on the list prices valid during the respective delivery period confirmed by us, ex works or ex warehouse (Incoterms\u00ae Edition 2020), excluding packaging, customs duties and other ancillary charges. Delivery to a destination outside Germany shall be carriage forward. Any additional costs arising from the International Buyer\u2019s special requests (e.g. dispatch by courier or express) shall be borne by the International Buyer. For order quantities that do not meet the minimum quantities and\/or the minimum order value specified in our respective valid price list, a handling surcharge as stated in the relevant price list will be charged. Any agreements deviating therefrom must be made in writing.<\/p>\n<p>2.2 We are bound by the agreed prices for an order for a period of six (6) weeks from the date of conclusion of the respective contract. Unless expressly agreed otherwise in writing with the Buyer, we shall be entitled to make corresponding price adjustments in the event of unforeseeable increases in the factors underlying our price calculation for which we are not responsible (in particular due to increased material, labour and energy costs, customs duties, levies, freight and raw material costs, changes in exchange rates, inflation-related increases, etc.). After the expiry of the aforementioned period of six (6) weeks, we are entitled to make such price adjustments retroactively for a period of up to four (4) weeks prior to the delivery of the goods ordered in each case. Any subsequent orders placed by the International Buyer shall be based on the adjusted prices. We accept no liability for obvious errors in the prices quoted to the International Buyer. Any additional services to be provided by us shall be on a strictly net basis and shall not be eligible for discounts or cash discounts.<\/p>\n<p>2.3 Tariffs and duties (and product classifications underlying the same) may be subject to change at any time by any governmental authority. Increases in such tariffs and duties directly affecting the cost or price of our products are beyond our control. Whether or not we have previously charged the International Buyer for any imposed duties or tariffs, we reserve the right, without prior notice, to pass through to the International Buyer any and all new or incremental tariff or duty surcharges imposed by any governmental authority on any and all products sold by us.<\/p>\n<p>2.4 Unless otherwise expressly agreed by us in writing with the International Buyer, in the case of agreed open payment terms, our invoices are due for payment by the International Buyer no later than thirty (30) days after the invoice date. All discounts granted by us to the International Buyer are subject to full and proper acceptance of the order and timely payment. In the event of returns, we will charge back any discounts already granted to the International Buyer. In the case of partial deliveries, we are entitled to issue corresponding partial invoices. In the context of a SEPA Direct Debit agreement with the International Buyer or in the event of the issuance of any other direct debit authorization, the corresponding invoices will be collected in accordance with the payment terms granted to the International Buyer, two (2) days after the due date of the relevant invoices, subject to verification of the first discount period and taking it into account, if agreed. For small invoice amounts, we reserve the right to first aggregate the respective invoices and to issue and send a direct debit notice to the International Buyer consisting of one single direct debit note, which will then cover at least four (4) invoices. The payment of fees and charges is a covenant of the International Buyer that is independent of the other covenants owed by the International Buyer hereunder. Prices and\/or delivery schedules for specific individually manufactured custom products are subject to change by us if any specifications are revised or supplemented by the International Buyer or there are unforeseen difficulties with the respective design and the like.<\/p>\n<p>2.5 Payments made by the International Buyer shall not be deemed to have been made until we will have full and unrestricted access to the corresponding amounts.<\/p>\n<p>2.6 The International Buyer shall pay a service charge on all late payments at a rate of nine (9) percentage points above the respective base rate of the European Central Bank in effect on the due date of the late payment claim, or the highest rate permissible under applicable law, calculated daily and compounded monthly. We expressly reserve the right to claim further damages.<\/p>\n<p>2.7 If the International Buyer is more than fourteen (14) days from the due date in payment default and\/or if we become aware of circumstances that call into question the International Buyer\u2019s ability to pay, we expressly reserve the right to make further deliveries exclusively against advance payment or security, or to suspend such deliveries until all outstanding payments by the International Buyer arising from the current business relationship have been made in full and in accordance with the terms. Furthermore, we are entitled to withdraw in whole or in part from delivery contracts already concluded with the International Buyer, provided that the International Buyer does not provide the advance payments or security deposits requested by us. If the International Buyer\u2019s creditworthiness is not restored to a level acceptable to us within a period of three (3) months, we shall be entitled to terminate the business and delivery relationship with the said International Buyer with immediate effect for cause and\/or to immediately repossess goods delivered to the International Buyer but not yet paid for by the International Buyer in accordance with Section 6 below. Any other rights we may have in this regard shall remain unaffected.<\/p>\n<p>2.8 Irrespective of any other rights, we may have in this context, we reserve the right in the event of cross-border shipments in particular pertaining to new international buyers or in the event of a deterioration of International Buyer\u2019s creditworthiness and its sound financial standing to request the provision of suitable collaterals and\/or prepayments for any deliveries to be made to the respective International Buyer and\/or to request other suitable collaterals such as the opening of an irrevocable, transferable, divisible, extendible and confirmed documentary credit (the \u201eDocumentary Credit\u201c) allowing partial shipments to be opened, as a precondition of the deliveries to be made, at the International Buyer\u2019s expense. The Documentary Credit shall be opened by a first-class bank in the International Buyer\u2018s country, notified, confirmed and payable to our own bank. The said Documentary Credit shall be valid for the whole period of delivery of products to the International Buyer unless otherwise agreed to in writing by us and shall be subject to further extensions at our request to allow its complete drawing. The Documentary Credit shall be construed in accordance with the Uniform Customs and Practice for Documentary Credit of the International Chamber of Commerce (UCP 600).<\/p>\n<p>2.9 The International Buyer is entitled to set off claims only if its counterclaims have been legally established, are undisputed, or have been expressly acknowledged by us in writing. The International Buyer may withhold payments due to defects in parts of our deliveries or services only to the extent corresponding to the reduced value of the defective delivery or service (Section 4.6). We are entitled to avert rights of retention\u2014including the defense of non-performance of the contract\u2014by providing security, in particular bank guarantees. Such security shall be deemed to have been provided at the latest when the International Buyer is in default of acceptance.<\/p>\n<p><strong>3. Delivery, Delivery Obstacles, Force Majeure, Contract Amendments<\/strong><\/p>\n<p>3.1 Delivery dates or delivery periods are always considered non-binding and approximate, unless fixed delivery dates have been expressly agreed upon in writing with the International Buyer. They are deemed to have been met upon timely dispatch of the goods or\u2014in the case of pickup by the International Buyer\u2014upon timely notification that the goods are ready for shipment. In any case, the delivery period shall not commence until all technical and other issues related to the delivery have been clarified with and notified by the International Buyer. We are entitled at any time to make partial or early deliveries. In such cases, packaging and, if applicable, shipping costs (for a foreign destination) shall be charged only once. In the case of repeat orders as well as any other modifications to the International Buyer\u2019s previous order requested by the International Buyer, we generally reserve the right to accept them, while the International Buyer accepts that in such cases, delivery may be delayed accordingly. Upon our acceptance, this may entail a change to the original delivery dates. For orders blocked due to creditworthiness issues, the confirmed delivery dates become invalid. After the suspension is lifted, new delivery dates to be confirmed by us in writing shall apply.<\/p>\n<p>3.2 Unless expressly agreed otherwise in writing, all our deliveries are made at the International Buyer\u2019s expense and risk. This risk passes to the International Buyer as soon as the ordered goods in question have been handed over to the carrier or have left our warehouse for shipment. If shipment becomes impossible through no fault of ours, the risk passes to the International Buyer upon our notification that the goods are ready for shipment. In addition, the Incoterms\u00ae 2020 of the International Chamber of Commerce in Paris apply. The goods are deemed to have been delivered in accordance with the contract if they correspond to the applicable product descriptions provided by us for end users. This shall also apply to minor or customary deviations in quality, dimensions, color, weight, and the like, provided that such deviations do not significantly impair the intended use of the goods. We expressly reserve the right to make other changes to the goods we deliver, provided that these are necessitated by technical developments or legislative requirements, or represent technical improvements.<\/p>\n<p>3.3 Events of Force Majeure as defined hereinafter shall at our discretion either extend the agreed delivery periods by the duration of the disruption or entitle us same as the International Buyer to withdraw from the respective delivery\/deliveries, should these events persist for a period exceeding three (3) months. In any case, we shall immediately notify the International Buyer of these events in writing. In such cases, the International Buyer is precluded from asserting claims for damages due to non-performance or delay. The same applies in the event of late delivery to us by our suppliers, provided that we are not responsible for such delay. In the event of agreed fixed delivery dates, the International Buyer is entitled in the aforementioned cases only to withdraw from the contract after setting a reasonable grace period. The expression \u201cForce Majeure\u201d shall mean and include any circumstances or occurrences beyond our reasonable control (whether or not foreseeable at the time of the offer, confirmation or agreement) as a result of which we cannot reasonably be required to execute our obligations. Such circumstances or occurrences include but are not restricted to: acts of God, war, civil war, terrorism, insurrections, strikes, fires, floods, earthquakes, labor disputes, epidemics, pandemics, governmental regulations and\/or similar acts, freight embargoes, non-availability of any permits, licenses and\/or authorizations required, defaults or delays of suppliers or subcontractors and\/or inability or impracticability to secure transportation, facilities, fuel, energy, labor, materials or components. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by us to extend for a period of three (3) consecutive months), we shall be entitled to cancel all or any part of the existing contractual arrangements with the International Buyer without any liability on our part towards the International Buyer. In the event our production is curtailed, for any reason, we shall have the right to allocate our available production and products, in our sole discretion, among our various customers and as a result we may sell and deliver to the International Buyer fewer products than specified in our offer, confirmation or agreement, as the case may be.<\/p>\n<p>3.4 If the International Buyer fails to accept the goods in whole or in part, even though we have offered them in accordance with the contract; if the International Buyer fails to provide the required cooperation; or if delivery is delayed for other reasons attributable to the International Buyer, the International Buyer shall be in default of acceptance. In such cases, we are entitled to demand reasonable compensation for the costs incurred by us, including additional expenses (e.g., storage costs). These amount to one percent (1%) of the value of the goods to be stored, based on the specific order placed, per elapsed calendar week. We and the International Buyer expressly reserve the right to claim and provide evidence of additional or lower storage costs. Notwithstanding this, however, the statutory obligations regarding the transfer of risk remain in effect in the event of such a default in acceptance; in particular, the risk of accidental loss or accidental deterioration of the ordered goods passes directly to the International Buyer in these cases. Further claims arising from default in acceptance shall remain unaffected.<\/p>\n<p>3.5 Unless otherwise agreed in writing with the International Buyer, we expressly reserve the right to engage a freight forwarder or parcel carrier of our choice for the shipment of our goods. Transportation will then be carried out in the most cost-effective shipping method available to us (freight, postal service, or carrier), but at the International Buyer`s risk. Any assumption of costs on our part in such cases requires our express written confirmation. At the International Buyer\u2019s request and expense, we will insure deliveries against standard transport risks. If it is agreed that the International Buyer will pick up the goods, the risk of accidental loss and accidental deterioration passes to the International Buyer upon handover of the goods to the International Buyer, and in the case of pickup by third parties commissioned by the International Buyer, upon handover of the goods to such third parties. If the International Buyer is in default of acceptance, the risk passes to the International Buyer upon the establishment of the default of acceptance.<\/p>\n<p>3.6 If we are in default of delivery, the International Buyer must, at our request, declare within a reasonable period of time whether it insists on the delivery or asserts its other statutory rights. In the event of a delay in delivery, the International Buyer may withdraw from the order only within the scope of statutory provisions, provided that we are responsible for the delay.<\/p>\n<p>3.7 The provisions of Section 5.2 below apply to the International Buyer\u2019s claims for damages due to a delay in delivery.<\/p>\n<p><strong>4. Limited warranty<\/strong><\/p>\n<p>4.1 We warrant to the International Buyer from the date of shipment of the products that such products will be free from defects in material and workmanship at time of our shipment (\u201cLimited Warranty\u201d). For a standalone repair order or other services provided under a contract for work and materials, the following provisions shall also apply to any repairs and other services provided under such a contract. Unless longer statutory warranty periods apply due to mandatory applicable legal provisions, the warranty period is twelve (12) months and begins on the date of delivery. (\u201eWarranty Period\u201c).<\/p>\n<p>4.2 Except for the warranty set forth in section 4.1 above, we make no warranty whatsoever with respect to the products, including any (A) express warranty, (B) implied warranty of merchantability or of fitness for a particular purpose, including implied by law, course of dealing, course of performance, usage of trade or otherwise, unless mandatory applicable laws require us to assume additional warranties.<\/p>\n<p>4.3 Products manufactured by a third party (\u201eThird Party Product\u201c) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty made by us Section<\/p>\n<p>4.1 above or otherwise. To the extent that the goods we deliver to the International Buyer were not manufactured by us but were purchased from third-party suppliers, we shall initially fulfill our warranty obligations by assigning all warranty claims against our third-party suppliers to the International Buyer. The latter accepts this assignment in lieu of performance. In this case, we shall provide warranty only on a subsidiary basis and after legal action has been taken against the third-party supplier. Upon our request, the goods subject to complaint must be returned to us free of shipping charges. A detailed description of the defect and a copy of the original delivery note must be enclosed.<\/p>\n<p>4.4 In addition, we shall not be liable for a breach of the warranty set forth in Section 4.1 above unless: (i) the International Buyer gives written notice of the defect, reasonably described, to us within the time limit specified in our product-specific warranty statement, if any; (ii) we are given a reasonable opportunity after receiving the notice to examine such products and the International Buyer (if requested to do so by us) returns such products to our place of business at our cost for the examination to take place there; and (iii) we reasonably verify the International Buyer\u2018s claim that the products are defective.<\/p>\n<p>4.5 We shall not be liable for a breach of the warranty set forth in Section 4.1 above, if: (i) the International Buyer makes any further use of such products after giving such notice; (ii) the defect arises because the International Buyer failed to follow to our oral or written instructions as to the proper storage, installation, commissioning, use or maintenance of the products; or (iii) the International Buyer alters or repairs such products without our prior written consent, or (iv) if the alleged defect or non-conformance is found to have incurred as a result of environmental or stress testing, any other misuse, accident, after the risk of loss in the products has passed to the International Buyer.<\/p>\n<p>4.6 Subject to Sections 4.4 and Section 4.5 above, with respect to any such products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the price of such products at the pro rata contract rate provided that, if we so request, the International Buyer shall, at our expense, return such products to us. If an item is no longer available when a replacement is needed, it will be replaced with another item that is as similar as possible to the unavailable product.<\/p>\n<p>4.7 All warranty claims by the International Buyer are excluded if and to the extent that the International Buyer has failed to follow our operating, maintenance, and\/or care instructions. The same applies to damage resulting from improper storage, application, use, commissioning, modification, or repair, as well as from faulty and\/or negligent handling and\/or natural wear and tear. The International Buyer is not authorized, without our prior written consent, to make acknowledgments or other warranty commitments to its customers regarding defects in the goods sold to them by the International Buyer. We generally assume no liability for warranties or other guarantee commitments that the International Buyer makes to its customers and that exceed the scope set forth in these Terms, unless a corresponding, more extensive warranty liability on our part toward end consumers exists due to applicable mandatory statutory provisions. Further claims by the International Buyer, in particular for consequential damages resulting from defects, are excluded unless they result from characteristics expressly warranted by us in writing to the International Buyer.<\/p>\n<p>4.8 The remedies set forth in section 4.6 above shall be the international buyer\u2018s sole and exclusive remedy for any breach of the limited warranty set forth in section 4.1 above.<\/p>\n<p><strong>5. Limitation of liability, returns<\/strong><\/p>\n<p>5.1 Unless otherwise prescribed by mandatory applicable laws, in no event shall we be liable for any consequential, indirect, special, exemplary, or punitive damages, or lost profits or revenues or diminution in value, arising out of or relating to any reach of these terms, whether or not the possibility of such damages has been disclosed in advance by the international buyer or could have been reasonably foreseen by the buyer, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.<\/p>\n<p>5.2 Unless otherwise prescribed by mandatory applicable laws, in no event shall our aggregate liability arising out of or related to these terms, whether arising out of or related to breach the total of the amounts paid to us for the affected products sold by us to the international buyer.<\/p>\n<p>5.3 The limitation of liability set forth in section 5.2 above shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.<\/p>\n<p>5.4 Goods delivered by us must be carefully inspected immediately upon delivery to the International Buyer or to third parties designated by the International Buyer. If externally visible damage to the packaging of the goods or to the goods themselves is already apparent upon delivery, the shipment in question must be inspected for completeness and damaged goods in the presence of the freight carrier\u2019s driver, and the damage must be reported in writing to the carrier on the delivery receipt; furthermore, the damaged goods must be photographed and other evidence secured to avoid subsequent loss of legal rights. In the case of obvious defects or other defects that would have been detectable upon an immediate, careful inspection, these shall be deemed accepted by the International Buyer unless we receive a written, detailed notice of defects from the International Buyer within seven (7) business days of delivery. With regard to other defects, these shall be deemed accepted by the International Buyer if the International Buyer\u2019s notice of defects is not received by us within seven (7) business days of the time at which the defect in question became apparent. However, if the defect was already apparent to the International Buyer at an earlier time, that time shall then be decisive for the commencement of the notice period.<\/p>\n<p>5.5 In the event of an incorrect or excess delivery, the International Buyer is obliged to return the relevant goods to us immediately in their original packaging and without any changes to their original condition. We will provide the International Buyer with a return slip for this purpose. If the goods returned to us show signs of damage or alterations to their original condition, or if they are no longer in their original packaging and therefore cannot be resold without additional effort on our part, the amount credited to the International Buyer may be reduced by up to thirty (30) percent of the total invoice amount. We expressly reserve the right to prove and claim higher damages.<\/p>\n<p>5.6 We are entitled to make any required subsequent performance contingent upon the International Buyer\u2019s payment of the purchase price due. However, the International Buyer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect.<\/p>\n<p>5.7 The International Buyer is obligated to provide us with the time and opportunity necessary for the required rectification, in particular to hand over the goods subject to complaint to us for inspection. The goods must be sent to us with shipping costs prepaid. A detailed description of the defect and a copy of the invoice\/delivery note must be included. We shall bear the expenses necessary for the purpose of inspecting for defects, in particular transportation, travel, labor, and material costs, if and to the extent that a defect actually exists. If the International Buyer\u2019s request for rectification of the defect proves to be unjustified, we may demand reimbursement from the International Buyer for the costs incurred as a result. In the event that we refuse to provide rectification or a replacement delivery, or if such rectification or replacement fails or is unreasonable for the International Buyer, the latter may, at its discretion and in accordance with applicable legal provisions, withdraw from the concluded delivery contract, reduce the purchase price, and\/or claim damages in accordance with the provisions set forth in Sections 4 and 5 hereof. However, this does not apply to only minor defects.<\/p>\n<p>5.8 The mere specification of performance data or other descriptions of content or performance does not constitute a guarantee of quality or workmanship on our part. This also applies to minor or customary deviations in quality, dimensions, materials, purity, surface color, weight, and the like, provided that these deviations fall within customary limits and do not significantly impair the intended use of the goods in question. We shall assume any further warranty or guarantee obligations only if they have been expressly agreed to in writing by us and the International Buyer. In any case, the International Buyer\u2019s rights arising from defects shall become timebarred twelve (12) months after receipt of the specific goods. This does not affect any statutory rights of the International Buyer arising from defects that were fraudulently concealed or intentionally caused, or arise from any other mandatory applicable law provisions.<\/p>\n<p>5.9 Deliveries of replacement parts and returns of repaired goods, insofar as these are not covered by our liability for material defects, shall be made subject to the payment of a reasonable flat-rate fee for shipping and packaging, in addition to the remuneration for the services we have rendered in this connection. Unless we are obliged to do so under applicable mandatory statutory or regulatory provisions and orders, we will not accept the return of transport packaging or any other packaging in accordance with the said applicable laws and regulatory provisions; pallets are excluded from this. The International Buyer is solely responsible for the proper disposal of the packaging materials.<\/p>\n<p>5.10 In general, we will only accept returns of goods that were purchased from us by the International Buyer within the last six (6) months, calculated from the invoice date. Goods that are not included in our currently valid price list, or whose packaging has been altered, are generally excluded from exchange or credit. The amount to be credited to the International Buyer for returns previously accepted in writing by ELTEN GmbH shall be reduced by forty (40) percent of the total invoice amount. This also applies to items that have already been price-tagged by the International Buyer or are damaged. To the extent that individual written agreements have been made with the International Buyer regarding the aforementioned matters, such as the return of goods, these shall take precedence.<\/p>\n<p>5.11 The provisions of this Section 5 shall apply mutatis mutandis to defects of title and the disclaimers and limitations of liability set forth in this section apply to the same extent to our officers, our executive and non-executive employees, and other agents, as well as our subcontractors.<\/p>\n<p><strong>6. Retention of Title and Other Security Rights<\/strong><\/p>\n<p>6.1 Title in the goods delivered to the International Buyer shall pass to it upon payment in full of the purchase price in respect thereof. Risk of loss in the delivered goods shall pass to the International Buyer upon our delivery in accordance with the applicable Incoterms in their respective actual version. The International Buyer grants to us hereby a security interest in all goods which the International Customer has purchased from us to be delivered to the International Buyer\u2019s designated warehouse(s) or any other agreed upon destination, the detailed terms of such security agreement(s) between us and the International Buyer will be contained in separate written agreements the International Buyer undertakes to enter into with us from time to time as needed.<\/p>\n<p>6.2 The International Buyer is obliged to handle the said goods with utmost care, store them separately and shall insure those Articles at replacement value against all customary risks at the International Buyer\u2019s own cost. The International Buyer shall be entitled to resell the goods delivered in its ordinary course of business; however, the International Buyer hereby already assigns to us all claims in the amount of the invoice (including value-added\/sales tax, if applicable) accruing to the International Buyer from the resale against its own customers.<\/p>\n<p>6.3 The International Buyer shall be and remain authorized to collect its payment claims against its own customers even after assignment. However, we shall be authorized to collect the claim itself, if the International Buyer does not fulfil its obligations to pay for the goods, defaults in payment or has filed a petition for insolvency proceedings or such a petition has been filed or payments have ceased. In these events the International Buyer will immediately notify us in writing (including communication by E-mail), which claims have been assigned from which debtors, will furnish all the information and hand over all documentation necessary for the collection. In addition hereto, the International Buyer hereby authorizes us and\/or our representatives duly authorized by us in writing to take possession of and to collect all products, which are stored in the International Buyer\u2019s premises or at third party premises, which have not been paid yet by the International Buyer and remain our property in accordance with the provisions of this Section 6 of these Terms. The International Buyer will provide all its assistance and support to enable us and\/or our representatives to access the respective premises and to take possession of the respective goods. In any event of a third-party intervention which affects our rights hereunder, the International Buyer shall immediately inform such third party on our existing conflicting rights, notify us hereupon in writing (including communication by E-mail) and shall give us every possible support in this intervention.<\/p>\n<p>6.4 If applicable foreign mandatory laws in the country where the International Buyer is located or is doing business do not permit us to secure our rights by retaining the title to the goods, but do allow the reservation of other security interests equaling or at least coming close to the retention of title rights, the International Buyer shall inform us thereupon immediately in writing (including communication by E-mail) and such other securities shall be deemed to have replaced the non-available retention of title rights. The International Buyer shall assist us in any respect to protect our title to the goods or to the rights and securities replacing such title.<\/p>\n<p><strong>7. Intellectual Property Rights, Use of Visual Materials<\/strong><\/p>\n<p>7.1 The International Buyer expressly acknowledges our sole intellectual property rights and our exclusive rights of use to the intellectual property rights we utilize (including trademarks, designs, utility models, patents, copyrights, etc.) and shall not, either directly or indirectly, engage in any activities that could adversely affect these intellectual property rights.<\/p>\n<p>7.2 Limited to the duration of the business relationship with the International Buyer, we grant the International Buyer a nonexclusive and revocable at any time license to use our intellectual property rights, exclusively for the International Buyer\u2019s own marketing purposes within the scope and extent of the International Buyer\u2019s role in the distribution of our products. This applies in particular, but not exclusively, to the use of our logos, trademarks, illustrations, photographs, texts, and the like, as well as all other intellectual property rights to which we are entitled, in the International Buyer\u2019s advertising and sales promotion materials expressly authorized by us in advance, whether in print, point-of-sale, or internet-based media (hereinafter \u201cthe Materials\u201d).<\/p>\n<p>7.3 In all other respects, our usage agreement regarding the use of photos, advertising materials, and other materials of the ELTEN, JORI, and LOWA Work brands in their currently valid form shall apply between the International Buyer and us. The International Buyer\u2019s official signing of the usage agreement and its return to us is a strict prerequisite and condition for any use of the Materials by the International Buyer, as well as for the granting of the usage license specified in the preceding Section 7.2. In the event of a conflict between the aforementioned usage agreement and these Terms, the usage agreement shall take precedence.<\/p>\n<p>7.4 In the event of a violation of the provisions contained in this Section 7, we reserve the right \u2013 particularly in the event of a repeated violation \u2013 and irrespective of any other rights to which we may be entitled in such a case, to temporarily suspend or permanently cease supplying the International Buyer in the future.<\/p>\n<p>7.5 In any event of termination of the business relationship with the International Buyer, regardless of the legal grounds for such termination, the International Buyer shall immediately cease all use of our intellectual property rights and image materials and shall immediately cease using any materials still in its possession, both offline and online, or immediately at our choice return them to us or hand them over to a representative appointed by us, respectively destroy any materials and image materials that we have provided to the International Buyer for use in sales promotion.<\/p>\n<p>7.6 We undertake, at our expense, to : (i) defend the International Buyer against a claim in a legal proceeding brought by a third party against the International Buyer that any product as furnished by us hereunder directly infringes the claimant\u2018s patent, trademark or copyright; and (ii) hold the International Buyer harmless against damages and costs awarded by final judgment in such proceeding (or agreed upon in a settlement to which we consent) to the extent directly and solely attributable to infringement by the product.<\/p>\n<p>7.7 We shall have no obligation or liability to the International Buyer under Section 7.6 above if (1) we are not: (i) promptly notified in writing of the claim, (ii) given the sole right to control the defense and settlement of such claim, including the selection of counsel, and (iii) given full reasonable assistance and cooperation by the International Buyer in such defense and settlement; (iv) if the claim is made more than three (3) years after the date of delivery of the product; (v) to the extent that any such claim arises from: (i) modification of the product, (ii) design, specifications or instructions furnished by the International Buyer, or (iii) the combination or use of the product with any product, software, service or technology; (vi) for unauthorized use or distribution of the product or use beyond the specifications of the product; (vii) to the extent that any such claim arises from the International Buyer\u2018s use, sale, offer for sale or importation of the product after our notice to the International Buyer that the International Buyer should cease any such activity because the product is, or is reasonably likely to become, the subject of a claim of infringement; viii) for any costs or expenses incurred by the International Buyer without our prior written consent; (ix) to the extent that any such claim arises from any infringement or alleged infringement of third party\u2018s intellectual property rights covering an industry standard set by a standard setting body or agreed to between at least two companies; (x) for infringement of any third party\u2018s intellectual property rights with respect to which we have informed the International Buyer or has published a statement that a separate license has to be obtained or that no license is granted or implied; or (xi) to the extent that patent infringement damages are computed using a royalty base that exceeds the cost of the product.<\/p>\n<p>7.8 If any claim of infringement is brought against us as a direct result of the International Buyer\u2019s actions in connection with items relating to the above Section 7, the International Buyer shall indemnify us against and hold us harmless from any damages or costs arising from or connected with such claim of infringement and shall reimburse all costs incurred by us in defending any claim, demand, suit or proceeding for such infringement, provided we give the International Buyer prompt notice in writing of any such suit or proceeding for infringement.<\/p>\n<p>7.9 If any Product is, or in our opinion is likely to become, the subject of a claim of infringement, we shall have the right, without obligation and at its sole option, to: (i) procure for the International Buyer the right to continue to use or sell such Product, (ii) replace or modify such Product in such a way as to make the modified Product non-infringing, or (iii) terminate any order and\/or agreement to the extent related to such product. In the event of any such termination, the International Buyer may return to us all such products in the International Buyer\u2019s possession at the time of such termination, which are then subject to the claimant\u2019s continuing claim of infringement; and upon such return we shall credit Buyer the sum paid to us by the International Buyer for such products, less appropriate depreciation.<\/p>\n<p>7.10 The foregoing indemnity is personal to the International Buyer and is not assignable, transferable or subject to pass-through to any third party including the International Buyer\u2019s own customers.<\/p>\n<p>7.11 Subject to the exclusions and limitations set forth in section 5 of these terms, the foregoing states our entire liability and obligation to the international buyer or its mediate or immediate customers and the international buyer\u2018s sole remedy with respect to any actual or alleged infringement of any intellectual property rights of any kind.<\/p>\n<p><strong>8. Special Provisions for Orthopedic Products and Services<\/strong><\/p>\n<p>8.1 Our in-house Orthopedics division offers our industrial customers and commercial resellers (hereinafter \u201cCustomer(s)\u201d) special, custom-made medical-orthopedic products, such as insoles for certified shoe models (hereinafter \u201cOrthopedic Products\u201d), and related services. The necessary individual data collection for eligible employees of the respective Customer, including the related privacy policy, is conducted either by our field service using a scanner at the Customer\u2019s premises or during an orthopedic consultation day. The data collected in this manner is then transmitted to our in-house workshop for the purpose of manufacturing Orthopedic Products. Alternatively, we provide the Customer with the appropriate quantities of footprint foam impression forms for making foot imprints of the individual users, including the associated required privacy statements. The Customer undertakes to send these foot imprints to our workshop, the details of which have been provided to them, within a period of four (4) weeks after the respective imprint has been taken, together with the following required individual details of the respective wearers of the Orthopedic Products (hereinafter \u201cUser(s)\u201d), namely the full first and last name of the relevant User, his\/her date of birth, and a privacy policy signed by the User and the name of the certified shoe model for which the respective Orthopedic Product will be used and the User\u2019s shoe size, as well as the Customer\u2019s address to which the Orthopedic Products are to be sent by us for the purpose of forwarding them by the Customer at the latter\u2019s expense to the individual Users. The same information and data are required and will be used by us in the course of the 3D scanner measurement process.<\/p>\n<p>8.2 Upon full receipt of the information specified in the above Section 8.1, the Customer will receive a written quotation from us regarding the respective orders placed. Following its approval, the Orthopedic Products specified in the quotation will be manufactured and subsequently shipped, including invoicing. Billing may be issued either to the Customer directly or to the individual users. Cost coverage is possible only through the Customer\u2019s respective employer; however, it is not possible through billing via other costbearing entities such as pension or health insurance providers, medical aid product providers, or similar entities.<\/p>\n<p>8.3 If an individual User of an Orthopedic Product experiences issues such as poor fit, pressure points, etc., we will offer a remedy in the event of a valid complaint. No further claims may be made, as the Orthopedic Products are manufactured according to Customer\/User specifications and are specifically tailored to the personal needs of the respective User.<\/p>\n<p><strong>9. Special Provisions for Customized Textile Finishing of Our Products<\/strong><\/p>\n<p>9.1 We offer our Customers a customization service for goods ordered and purchased from us. This service specifically includes the application of embroidery and textile prints of logos, names, and lettering according to their specifications (hereinafter \u201cCustomized Items\u201d).<\/p>\n<p>9.2 It is expressly noted that, in accordance with statutory German law provisions (\u00a7 312g, para. 2 no. 1 of the German Civil Code\/BGB), end users have no right of withdrawal for Customized Items, and any return or exchange of these Customized Items is excluded. Excluded from this are material defects in the Customized Items demonstrably caused by us, for which the statutory warranty rights described in the above Section 4 apply.<\/p>\n<p>9.3 We expressly reserve the right to reject a request for customization if, in our opinion, it is not feasible in the desired form from a technical and\/or economic standpoint. In such cases, instead of a complete rejection, we may submit a modified customization proposal in writing to the Customer, which they may then either accept or reject.<\/p>\n<p><strong>10. Data Protection, Confidentiality<\/strong><\/p>\n<p>10.1 With regard to data protection, and in particular our use of the International Buyer\u2019s personal data, our separate privacy policy in its current version applies; it can be viewed and downloaded in its English language version (by referring also to other language versions at https:\/\/elten.com\/en\/home\/data-protection\/. We are entitled to store data related to the business relationship with the International Buyer and to process such data in accordance with legal provisions. The same applies to those companies whose products we additionally distribute. Disclosure to third parties is permitted only if this is a specific subject of the contractual relationship with the International Buyer in question or if the International Buyer\u2019s express written consent has been obtained.<\/p>\n<p>10.2 All materials and information provided by us to the International Buyer must be treated by the International Buyer as strictly confidential, unless they are publicly accessible, generally known, or obviously intended for disclosure, and may not be reproduced, published, or otherwise made available to third parties by the International Buyer without our prior express written consent. Upon termination of the business relationship with us, the International Buyer must, at our discretion, immediately either return them to us and\/or destroy them, as described above in Section 7.5 above.<\/p>\n<p><strong>11. Place of Performance, Jurisdiction, Governing Law<\/strong><\/p>\n<p>11.1 The place of performance for all obligations arising from the business relationship with the International Buyer is the registered office of our company in Uedem\/Germany, unless the specific nature of the obligation precludes this.<\/p>\n<p>11.2 In transactions with merchants, legal entities under public law, or special funds under public law\u2014unless another exclusive place of jurisdiction is established by law\u2014Kleve\/Germany shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the International Buyer. For the sake of clarity, this provision regarding jurisdiction also applies to matters between us and the International Buyer that may give rise to non-contractual claims within the meaning of Regulation (EC) No. 864\/2007. It being hereby understood and agreed that we shall always be permitted to bring any such action against the International Buyer in any other court of competent jurisdiction. Nothing in this Section 11 shall be construed or interpreted as a limitation on either our or the International Buyer\u2019s right under applicable law for injunctive or other equitable relief or to take any action to safeguard its possibility to have recourse on the other Party.<\/p>\n<p>11.3 These Terms and all legal relationships between us and the International Buyer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). It is expressly clarified that this choice of law is also to be understood as such within the meaning of Art. 14(1)(b) of Regulation (EC) No. 864\/2007 and shall therefore also extend to non-contractual claims within the meaning of this EU Regulation. If foreign law must be applied in a specific case, these Terms shall be interpreted in such a way that the economic purpose pursued by them is preserved to the greatest extent possible.<\/p>\n<p><strong>12. Breach and Termination<\/strong><\/p>\n<p>12.1 Without prejudice to any other rights or remedies we may have under these Terms or at law, we may, by written notice to the International Buyer, terminate with immediate effect any Agreement, or any part thereof, without any liability whatsoever for cause, in particular yet without limitation, if:<br \/>\n(i) the International Buyer fails to make payment for any products to us when due despite two written payment reminders (including e-mail communication) forwarded by us to the International Buyer;<br \/>\n(ii) the International Buyer fails to accept conforming products supplied hereunder;<br \/>\n(iii) any proceedings in insolvency, bankruptcy (including reorganization) liquidation or winding up are instituted against the International Buyer, whether filed or instituted by the International Buyer, voluntary or involuntary, a trustee or receiver is appointed over the International Buyer\u2019s assets, or any assignment is made for the benefit of creditors of the International Buyer; or<br \/>\n(iv) the International Buyer violates or breaches any of the provisions of these Terms and\/or terms and conditions of any other agreement we and the International Buyer may have entered into.<\/p>\n<p>12.2 Upon occurrence of any of the events referred to under Section 12.1 above, all payments to be made by the International Buyer in accordance with the existing contractual arrangements shall become immediately due and payable.<\/p>\n<p>12.3 In the event of cancellation, termination or expiration of these Terms and\/or of any other agreement we and the International Buyer may have entered into, the terms and conditions destined to survive such cancellation, termination or expiration here shall survive.<\/p>\n<p><strong>13. Final Provisions<\/strong><\/p>\n<p>13.1 All amendments and\/or additions to contractual agreements concluded with the International Buyer, including these Terms, must be in writing. This also applies to any amendment to this written form requirement itself. Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain unaffected. In such cases, we shall replace the invalid or unenforceable provisions with valid or enforceable provisions that most closely correspond to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a deficiency in these Terms. In the event of any conflict or inconsistency between these Terms and the provisions of any individually negotiated agreement between us and the International Buyer, the provisions of the individually negotiated agreement shall prevail. This applies in particular where the individually agreed provisions deviate from, supplement, or contradict these Terms.<\/p>\n<p>13.2 Our employees, commercial agents, or other representatives who are not members of our management or who do not hold power of attorney or authority to act on our behalf are not authorized to make legally binding statements on our behalf, unless we will have given our express prior written consent thereto.<\/p>\n<p>13.3 In the event that any provision(s) of these Terms shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions thereof.<\/p>\n<p>13.4 The failure on our part or on part of the International Buyer to exercise, or any delay in exercising, any right or remedy arising from any offer, confirmation or agreement, or these Terms, shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising therefrom preclude any other or future exercise thereof or the exercise of any other right or remedy arising from any offer, confirmation or agreement, or these Terms or by law.<\/p>\n<p>13.5 All notices and communications to be given under these Terms shall be in writing (including textual electronic communication such as e-mails) and shall be deemed delivered three (3) days after the dispatching of the respective communication by the respective sending Party, addressed to the other receiving Party at its addresses as set forth on any offer, confirmation and\/or other agreement.<\/p>\n<p>13.6 Should a dispute between us and the International Buyer arise from the subject matter relating to these Terms, any offer, confirmation or other agreement, the prevailing party in any resulting litigation shall be reimbursed by the other party for any and all reasonable attorneys\u2018 fees and expenses incurred.<\/p>\n<p>13.7 The Parties hereto intend to establish a relationship of a buyer and seller and, as such, are independent contractors, with neither Party having authority as an agent or legal representative of the other to create any obligation, express or implied, on behalf of the other.<\/p>\n<p>13.8 These Terms are for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.<\/p>\n<p>13.9 We expressly reserve the right to amend and\/or supplement these Terms to the extent we deem necessary and will then immediately provide the International Buyer with the correspondingly modified new version in writing, which will then fully replace the present version. This also applies accordingly to the previous version of these Terms. All orders already placed by the International Buyer and confirmed by us prior to the transmission of the modified new Terms will still be executed on the basis of the previous applicable version of these Terms.<\/p>\n<p>Effective as of August 2026<\/p>\n<\/div><\/section><\/p>\n<div  class='hr av-b6kgd-04b2dcb15e04db2fba88a7362cebd4fc hr-default  avia-builder-el-3  el_after_av_textblock  el_before_av_button '><span class='hr-inner '><span class=\"hr-inner-style\"><\/span><\/span><\/div>\n<div  class='avia-button-wrap av-llxiwzn7-aa118d1f5c97d1cbf36385ace30c4e89-wrap avia-button-left  avia-builder-el-4  el_after_av_hr  avia-builder-el-last '><a href='https:\/\/elten.com\/data\/media\/documents\/ELTEN_AVL-EN.pdf' class='avia-button av-llxiwzn7-aa118d1f5c97d1cbf36385ace30c4e89 avia-icon_select-yes-left-icon avia-size-small avia-position-left avia-color-theme-color' target=\"_blank\" rel=\"noopener noreferrer\"><span class='avia_button_icon avia_button_icon_left' aria-hidden='true' data-av_icon='\ue84c' data-av_iconfont='entypo-fontello'><\/span><span class='avia_iconbox_title' > PDF download<\/span><\/a><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":7,"featured_media":0,"parent":274605,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"categories":[588],"tags":[],"class_list":["post-358377","page","type-page","status-publish","hentry","category-home-no"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v21.9 (Yoast SEO v21.9.1) - 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