Frequently Asked Questions

AksIM MBA readhead has a standard FFC connector with 6 pins and 1 mm spacing. Part number of the connector is FCI HFW6R. It is compatible with any FFC cable on the market that has 6 wires and 1 mm pitch. Cable must be inserted with contact pins facing downwards (towards the PCB).
Such cable can also be purchased here: https://www.rls.si/eng/acc006

Accuracy
There is some jitter, caused by many different parts: ferrite particles in the ring, magnetization errors, sensor noise, etc. Additional errors make this noisy straight line to bend into a sine wave(s) with different frequencies. 1 sine per turn is eccentricity of the ring on a shaft. This is dominant and can reach up to ±0.1 deg. It can be cancelled out by self-calibration feature that will be included in the new generation of AksIM encoders. Less prominent higher frequency errors come, for example, from the bending of the ring when tightening the fasteners.

Resolution
It can go beyond accuracy. Good repeatability and zero hysteresis make high resolution usable, even though accuracy is lower than resolution.

Repeatability
Encoder position is repeatable and stable to the single count of resolution. This is what the readhead is capable of. Eventually it is even possible to map out the noise of the ring, though it would take a lot of points to accomplish that.

Generally speaking, the ring is responsible for accuracy and the readhead for resolution and repeatability.

*Note: SDE (sub divisional error) is inaccuracy caused by readhead, and it's not present on AksIM encoders.

CE is not available, because:
- We can't provide radio frequency interference (RFI) compliance for the product without housing.
- An encoder is not a plug-and-play device. MBA readheads don't even have a cable.
- Whenever user modifies the electrical circuit or mechanical assembly (adding a cable, cover, mounting to the surface, etc.) original CE certification would become invalid and user must make certification for the complete product.
There are other certificates available for Conflicting minerals, RoHS, etc. They are available in the FAQ - COMMERCIAL section of the website.

AksIM is a magnetic encoder and relies on detecting the magnetic field of the actuator (magnetized ring).
If there is unwanted stray external magnetic field present, it may disrupt the operation.
There is no rule of thumb that would estimate the effect and required distance between the motor and encoder readhead as there are too many different variables, such as motor size and shape, used materials and magnetic saturation, shaft material and design, etc. Any software for simulation can be used such as Femm, Comsol, Vizimag or similar to estimate the magnetic field strength at the readhead.
If encoder experiences issues during operation, it is suggested adding some kind of shielding between the source of stray magnetic field and encoder readhead. Any ferromagnetic plate is recommended (ordinary Fe), 0.5 to 1 mm thick, to cover coils and magnets on the place of sensor and at least 10 mm around it. Assembly should be mounted in this order: Motor – shield – air gap – encoder ring – readhead.

For more information refer to the datasheet , chapter “External magnetic field“.

The RM22, RE22, RM36, RE36 are all based on common hall sensor ASICs. The reliability of these sensors has been calculated from accelerated life tests as detailed below.

Installed on small PCBs, 40 sensors were put through a number of stress tests where the temperature, time and voltage were changed. Every chip was tested between each stress test.

Stress test:

• number of devices = 40
• total time at stress = 1932 hours
• failures = 0

Steps of testing procedure:

Reliability - statistical calculations

Assumptions:

• Two most common degrading mechanisms:
  • degradation of oxide layer (Activation energy = 0.5 eV)
  • metalization reduction (Activation energy = 1 eV)
• Degrading mechanism in ICs is the same during all stress cycles.

For example:

At worst case we can estimate with 90% confidence that with an activation energy of 1 eV and a temperature of 125 °C we will potentially get 2,584 failures in 100,000 years. The MTTF (Mean Time To Failure) for the same parameters gives us 1 potential failure in 39 years.

Encoder system reliability

MTTF (M) = p × t / n

From our records (yearly production figures and failure data), readhead MTTF in continuous use is 750 years.

As a practical example, if a customer has 50 machines each containing 2 encoders, the installed readhead population (p) is 100. The mean interval (t) between any readhead failure (i.e. n = 1) may be calculated by rearranging the MTTF formula:

Therefore with a total of 100 readheads running 24 hours per day, this customer could expect a single readhead failure approximately once every 7.5 years.

This information is not a guarantee of product reliability and does not represent a condition of warranty.

Note: For RE encoders you must also take into account the bearing life which can be found in the RE datasheets.

RM encoders are frictionless when properly installed. The speed depends mainly on the resolution. Maximum speed is 30,000 rpm.

RE encoders have a speed limited by ball bearings and additionally by their sealing for higher IP factor. See the table in the datasheet for estimated bearing life of RE encoders. Maximum speed for encoders without seals is 30,000 rpm. The IP68 version must be immersed in fluid in order to ensure reliable operation.

The encoder can be supplied with a pre-selected magnet to ensure that optimum performance is achieved. Alternatively magnets can be sourced from other suppliers but they must conform to the following guidelines to ensure that performance specifications can be achieved.

To select a suitable magnet it is important to know the properties of the sensors. Hall Sensors are only sensitive to the perpendicular component of magnetic flux density (B). The encoder has a Hall sensor array arranged in a circle. Sensors are located on the surface of the silicon.

Magnets must be cylindrical in shape and diametrically polarized. The main criteria for magnet selection is the distribution of perpendicular component of magnetic flux density at the sensors location (Bn).

 Distribution of perpendicular component of B

Distribution of B_n and its modulation if the magnet is rotated through 360° (for AM512B)

The following table contains values for AM512B. For other ICs please check the corresponding datasheet.

We recommend that a magnet with the following parameters is used to provide the necessary modulation.

RLS provides the following magnet and magnet actuators:

All dimensions are in mm.

 The encoders for standard EMC grade have a single shielded cable and a plastic shell connector and those for high EMC grade have a double shielded cable and a metal shell connector.

The RM/RE encoder systems conform to the relevant harmonised European standards for electromagnetic compatibility as detailed in the relevant Installation guides.

EMC compliance: BS EN 61326

Encoder systems with double-screened cable (high EMC grade variants) meet criteria A for all of the requirements of the given standards, while encoder systems with single-screened cable (standard EMC grade variants) meet either criteria A or B for each of these requirements.

Recommended wiring diagrams for double and single screen cable variants 

Position or time delay in signals is common to all encoders. It can be corrected if needed in the control system by putting in a factor derived from the calculated delay.

At high rotation speed a position delay between magnet position and the electrical output appears because of filtering. Filtering is carried out with an RC filter. Position delay can be calculated with formula:

Δφ = -Arctan{ƒ/ƒ₀} (ƒ = ƒrequency, ƒ₀ = (2πRC)^-1)

For the AM256 and AM512B (8, 9 bit encoder ICs) and up to 9 bit RM/RE, the value of the resistor is 10 kΩ and the recommended value of capacitor is 10 nF.

For 10+ bit encoders the resistor value is 10 kΩ and the value of capacitor is 22 nF.

Using the above equation, we can therefore calculate the position delay in both degrees and time. In the following example we have a 10 bit encoder rotating at 1000 rpm.

*Note: Zero position can be set only on encoders made with AM4096.

You have three options:

1. Using UPRGAM4096

2. Shorting the zero pads on RMB boards or RMC22 and RMC35 encoders

3. Using zero pen with RM44 encoder

The cable length is measured from the rim of the encoder body to the end of the flying leads or the connector.

For flying leads
The length of the flying leads is always 30 mm of which 5 mm are completely stripped, tinned and ready for soldering.

For all connector types

The RM08 encoder max wires length is 0.5m.

There are two main reasons for limited length:
1. product reliability due to long thin wires instead of shielded cable
2. assembling process – handling with long wires during the curing process
For longer distance, the thicker and shielded extension cable is recommended. Example of RM08 with extended cable:

Depending on environmental conditions, also a line driver for digital outputs needs to be considered.

The OnAxis™ have not specifically been designed for use in deep sea applications but due to their robust design customers have found that they work well under these conditions. To assist we have created a special version of the RM22, RM36 and RM44 encoders with vent holes drilled into their bodies so that the electronics inside are at the same pressure as the surroundings. For high pressure applications most customers then flood the encoder with a dielectric fluid. Though tested successfully by our customers, RLS cannot guarantee the same specifications hold true as for the standard RM22, RM36 and RM44 versions, especially MTTF. Although unlikely, the electronic components used are standard components and could contain small air pockets which could burst if exposed to high pressures in deep sea applications.

RE encoders with bearing/shaft have also been successfully used in deep sea applications with the use of vent holes. In this case, the dielectric fluid must be non-conducting oil to prevent damage to the bearings, which are not sealed off inside the encoder body.

The maximum achievable resolution for magnetic encoders based on the Hall effect is limited by a number of factors. The main source for noise is electrical noise from the Hall sensors themselves.

Peak noise for a well-optimised system is normally in the range of 0.02°. This limits the resolution for magnetic encoders with Hall sensors to 13 bits (8192 counts per revolution).

• PCB shape and dimensions,
• Encoder body shape and dimensions,
• Encoder body material,
• Cable: AWG, shielded/not shielded,
• Connector,
• Strain relief to soldered wires,
• Interface/driver,
• Additional protection, filtering,
• Special resolution (e.g. 96 ppr, 1280 cpr)...

There are three signals for incremental output: A, B and Z. Signals A and B are quadrature signals, shifted by 90° and signal Z is a reference mark. One revolution generates N pulses of signal A or B. The number of counts per revolution post quadrature evaluation is N x 4. The reference mark signal is produced once per revolution. The width of the Z pulse is ¼ of quadrature signal period and is matched with A high and B high.

The figure shows the timing diagram of A, B and Z signals with clockwise (CW) rotation of the magnet. B leads A for CW rotation. The counting direction can be changed by swapping A and B signals.

Timing diagram for incremental output	Differential incremental outputs

With incremental outputs it is important to know the difference between PPR (pulses per revolution) and CPR (counts per revolution = 4 x PPR)

Pulses per revolution is the number of pulses in one revolution.

Counts per revolution is the number of changes of state on both channels in one revolution. CPR is achieved by electronically multiplying by four, using both the rising and the falling edges on both channels.

1 Pulse = 4 Counts

Absolute position data can be transmitted in a number of ways. One of the most popular interface standards is SSI as it requires only a minimal number of wires, namely 6. Serial data from the magnetic encoders is available in natural binary code through SSI protocol.

By default, with CW rotation of the magnet the value of output data is increasing.

SSI timing diagram

The controller interrogates the encoder chip for its positional value by sending a pulse train to the CLOCK input. The CLOCK signal must always start from high. The first falling edge (point 1) stores the current position data in a parallel/serial converter and the monoflop (timer) is triggered. With each transition of the CLOCK signal (high/low or low/high) the monoflop is retriggered. At the first rising edge (point 2) the most significant bit (MSB) of binary code is transmitted through the DATA output. The next falling edge shifts the next bit (MSB - 1) which appears on the DATA output at the next rising edge. At each subsequent rising edge of the CLOCK the next bit is transmitted to the controller. While reading the data the t_CL must be less than t_MF to keep the monoflop set. After the least significant bit (LSB) is output (point 3) the DATA goes to low. The controller must wait longer than t_MF before it can read updated position data. At this point the monoflop time expires and the DATA output goes to high (point 4).

It is possible to read the same position data several times to enlarge the reliability of transmitted data. The controller must continue sending the CLOCK pulses and the same data will be output again. Between the two outputs one logic zero will be output.

SSI multi-read of the same position data

NOTES:

• rising edge = low to high transition
• falling edge = high to low transition

The angular position is converted into digital position information. The digital information is then generated from a built-in 10 bit D/A converter. The number of steps is always fixed to 10 bit over one rotation (period) of 360°. By changing the period to 180° the number of steps will therefore be 9 bit for each rise to from V₁ to V₂.

The linear output voltage is sawtooth shaped and lies within thresholds V₁ and V₂.

Sinusoidal outputs produce one period of sine and cosine signal per turn (360°).

Analogue sinusoidal outputs

Complementary Sine/Cosine

The outputs are differential sinusoids in quadrature.

Analogue differential sinusoidal outputs

Unbuffered/Buffered outputs from the ASIC

Unbuffered output means that the signals generated by the rotation of the shaft are transferred directly from the sensor output. Unbuffered outputs have a typical output impedance of 10 kΩ.

Buffered output means that the device incorporates a built-in amplifier with an output impedance of 720 Ω.

The magnetic scale is structured as shown in the image below.

For detailed instruction click on this link Magnetic scale installation guide 

or check Magnetic scale installation video:

Note that we strongly recommend that the scale is cut at RLS. The reason is the scale's composition – the rubber is very soft, whereas the carrier is made of stainless steel. Therefore, the cut needs to be made across the whole surface of the scale, and not at the sides (e.g. if industrial scissors are used, the scale would twist at the ends where it is cut). We use a special rig with a diamond cutter to make a clear cut. Also, it is important that the ends are not overheated, as this causes a deformation of the rubber at the ends. That is why we cut the scale slowly, in »periodic« movements (push down to cut, release slightly, then push down again and release, etc.) Please be informed that warranty does not apply for scales cut by the customer.

Please be informed that warranty does not apply for scales cut by the customer.

*Stick-on reference mark: for use with MS10 only.

Our preferred option for reference marks is the machined reference mark. The stick-on reference mark can be used for prototypes, when the final position has not yet been set. It gives you the possibility to select the position of the reference mark on the spot, when you are building/installing your system. The disadvantage of using the stick-on reference mark is that the ride height needs to be at least 0.5 mm, which increases the SDE. If the ride height is too low, the readhead could hit the reference mark, moving it out of position. Furthermore, the stick-on reference mark needs to be installed correctly with the help of a reference mark applicator.

Minimum Edge Separation means the smallest possible time between two adjacent edges of the quadrature signal. It is given as a unit of time (μs). Typical selections are 0.07 μs through 20 μs. When specifying a magnetic incremental linear or rotary encoder, you need to select a Minimum Edge Separation value which is lower than counting ability of counter and faster that the highest speed in your application, when taking resolution into account. Edge separation time is compromised by three parameters: counting frequency of subsequent electronics, maximum system speed and required resolution. 

Refer to 3M technical Bulletin "Surface Preparation for 3M^TM VHB^TM Tape Applications" for additional information or Magnetic ring data sheet.

A: No cover foil, cut or magnetised reference mark	B: No cover foil, stick-on reference mark
C: With cover foil, cut or magnetised reference mark	D: With cover foil, stick-on reference mark

 All dimensions are in mm.

If stick-on reference mark is applied incorrectly, one of the following can occur:

• Reference mark is not detected in any direction
• Reference mark is detected in one direction only
• Reference mark is detected in both directions but at different positions, which are one scale pitch apart
• Reference mark is detected twice in one direction at one scale pitch apart

In order to ensure stick-on reference mark is applied correctly, always use LM10ARM00 applicator tool for stick-on reference mark.

What are the advantages and disadvantages of using the cover foil?

Advantages

The cover foil can be used to protect the magnetic scale in applications where it could be subject to physical change. If a hot particle strikes the magnetic scale, it could burn the rubber and disrupt the magnetisation which would lead to incorrect readings. Sharp objects can also damage the scale by scratching it and thereby disrupting the magnetisation.

The cover foil is also easy to clean. So for applications that require regular cleaning of the scale surface to avoid excessive dirt build up between the scale and readhead it is advisable to use the cover foil.

Disadvantages

The main disadvantage is that the cover foil and the magnetic scale have to be installed separately doubling the installation time.

Also, the cover foil cannot be re-installed to the magnetic scale. Removal of the cover foil after installation will damage the rubber strip.

Once the cover foil is applied, the batch ID of the scale is also hidden below the cover foil.

The cover foil decreases the ride height by 0.1 mm.

Why is the cover foil not as wide as the scale?

The cover foil is about 0.5 mm thinner to allow for installation tolerances. Also for safety the cover foil should never overhang the edge of the magnetic scale.

There are two options:

1. You can order the magnetic scale with the cover foil
2. You can order the cover foil separately

When ordering the magnetic scale which includes the cover foil the length of the cover foil is always provided 5 cm longer than the scale. This additional length can be used to protect the ends of the scale and secure to the substrate.

Similarly, when ordering the cover foil separately we suggest that the cover foil is at least 5 cm longer than the length of the scale for the same reasons.

Yes, LM series magnetic encoders are perfectly suitable to be used with linear motors. However, to achieve optimum performance of your encoder the influence of linear motor magnetic flux on magnetic encoder accuracy error needs to be taken into account.

Linear motors are electric motors that produce linear motion. In a traditional electric motor, the rotating part (rotor) spins inside the static part (stator), whereas in a linear motor, the stator is laid out flat and the 'rotor' is a slider that moves in a straight line above the stator.

In below example, the stator in linear motors consists of permanent magnets and the slider contains the coils/windings. The magnets used in linear motors are usually very strong and therefore have a very high magnetic flux which can affect the accuracy of a magnetic encoder. However, the strength of a magnet decreases with distance as well as with addition of an external shield.
The graphs and table below show the influence of linear motor magnets on LM encoder accuracy depending on the distance (A) of the encoder from the linear motor magnets.

Distance of encoder from linear motor magnets (A)	Accuracy (µmpp)	Accuracy plot
0	14
5	9
10	6
15	5
>15	4

Radial ring structure

Axial ring structure

For detailed instructions click on links below:

Mounting instructions for axial rings

Mounting instructions for radial rings

No, it is not possible to order the ring without the readhead.

Custom rings can be ordered but only for big quantities and the price is higher.

 How is system accuracy affected when the sensor is at scale's edge?

The sensor operates accross the whole measuring length of magnetic scale. However, at the scale's edges the system accuracy gets worse. Therefore, we recommend that the beginning of measuring length is at least 4 mm from scale's edges.

What is the accuracy of linear magnetic encoder systems and how is accuracy affected when measuring less than 10 mm of scale?

Scale accuracy is defined by multiple accuracy grades: ±40 µm/m, ±20 µm/m, ... The extreme values of measuring curves over any one-meter-section of measuring length lie within accuracy grade ±a. If measuring length is shorter than one meter, accuracy grade corresponds to this length.

What is the accuracy of linear magnetic encoder system for scale lengths of 2 m, 3 m, 4 m, etc.?

Our accuracy grade (a) corresponds to system accuracy over 1 m scale. For example:
a = ±20 µm
2 m scale length: 2 m × 20 µm = 40 µm
3 m scale length: 3 m × 20 µm = 60 µm
4 m scale length: 4 m × 20 µm = 80 µm

Which accuracy can be achieved with magnetic rings?

For more information click on link below:

Accuracy of ring encoder systems

 What is the influence of ride height on system accuracy? 

Influence of ride height on system accuracy is explained in the graph below:

 Example: LM10 ride height influence on accuracy

 What is the influence of temperature on system accuracy? 

The linear expansion coefficient for MS scales is ~17 ppm or ~ 17 × 10-6/K. For each 1 degree Kelvin temperature change, the scale expands for 1 micrometer per meter.

What magnetic fields will damage the magnetic scale? Can the scale be used close to a permanent magnet?

What is "interpolation," "cpr," and "ppr"?

Interpolation rate is defined as number of output measuring steps inside of one input signal period. CPR (counts per revolution) = PPR × 4
Read more here.

What is the maximum temperature the scale can withstand?

 The maximum temperature the scale can withstand without taking damage is from -10 °C to +85 °C.

Can linear / ring magnetic encoder systems be used in vacuum environments?

Linear / ring magnetic encoder systems can be used in vacuum environments where outgassing can not occur. The effects of outgassing could cause the disturbance of system operation.

How big is high-frequency noise of analogue signals?

 High-frequency noise of analogue signals is less than 500 µV_pp.

Can magnetic scale be bent and installed onto a circular surface?

 Yes, the magnetic scale can be bent and installed onto a circular surface. The minimum bending radius is 65 mm. If you will install it on smaller radius, elastoferrite will burst and accuracy will be much lower.

What is the duty cycle of A and B digital output signals?

 The duty cycle of the A and B digital output signals is 50 % for continuous velocity.

What is the requirement for the substrate flatness for scale installation?

Flatness provides a distance within ride height (1 mm). For more information refer to 3M Technical Bulletin "Surface Preparation for 3MTM VHBTM Tape Applications".

Mean time to failure describes the expected time to failure for a non-repairable system.

In November 2018, our Quality Management System (QMS) has been audited and we received IATF 16949 Letter of Approval.

But what does this mean?

IATF 16949 is an industrial quality standard that requires from a company to manage and record its business and production processes in order to fulfill customer demands and to ensure continuous improvement. Whereas ISO 9001 requires from a company to describe its business processes, IATF 16949 goes a lot further. The main difference to ISO is while using the same structure as ISO, and along with the WHAT we should do, IATF specifically requires HOW this should be done. It also suggest using core tools, such as APQP, FMEA, SPC, MSA and PPAP. Annual certification audits are conducted by authorized agents to ensure the high quality standards for products and operational processes.

We applied for IATF 16949 to be able in the future to support customers from automotive industry. Currently we received the Letter of approval but this does not mean our products are IATF 16949 certified. Receiving IATF Letter of approval does not mean we follow AEC-Q100 and perform reliability tests for automotive ICs or have any Functional safety standards implemented.

Existing RLS products have not been developed in accordance with IATF requirements or using its core tools (APQP, PPAP, FMEA, SPC and MSA) in its entirety therefore are NOT automotive certified. Current and future development will follow the IATF standard but the products will still NOT be automotive certified since we do not utilize automotive certified components.

The satisfaction of our customers is the measure of success of our company and every individual, so we will continue to improve our internal processes based on the know-how and the experience of every employee. We are going to continuously acquire and perfect our knowledge and experience, embedding it into new advanced products so our customers will get the best value for money. We will listen to the customers’ wishes and suggestions for the improvements and modifications to our products, always offering them the best solution for their needs. Product quality and customer satisfaction will be based on an honest attitude towards work, our colleagues, partners, and social and natural environment.

Please read RLS Quality Policy and Objectives dated from April 2017.

Our encoders comply with RoHS and EMC EU directives.

LM10, LM13 and LM15 encoders EU declarations of conformity

RM and RE encoders EU declarations of conformity

RMB encoders EU declarations of conformity

RMM, RMA, RMH magnets and actuators EU declarations of conformity

AksIM™ off-axis rotary absolute encoder EU declarations of conformity

All new/current RLS manufactured products as of the beginning of June 2006 are compliant to 2011/65/EU EU Directive (RoHS II) and as of March 2018 compliant to Directive (EU) 2015/863 (RoHS III, extension of hazardous substances list with phthalates). Compliance is declared with EU Declaration of Conformity for each product group. Declarations are available at products sites.

General statement on RoHS compliance of RLS products: RoHS statement: Restriction of Hazardous Substances

RLS is ISO 9001 certified as of 28th July 2006.

Please click RLS ISO 9001 certified to view ISO 9001:2015 certificate.

RLS has IATF 16949 Letter of approval since 25th Nov 2018.

Please click RLS IATF 16949 certified to view IATF 16949:2016 certificate.

RLS does not manufacture or import any chemicals. RLS products are manufactured from standard electronic components with optional aluminum, steel or zinc housing. Environmental information on all potentially hazardous components or materials is required from our suppliers. No component or material is used on non-standard way, therefore it is considered unlikely that any of the current SVHCs if present will exceed a concentration greater than 0.1 % by weight.

RLS products do not contain any biocides. 

RLS products are not batteries and do not contain batteries. 

Please read our RLS REACH Directive Statement,  overing current SVHC list, REACH Annex XVII and Prop65 Listed Chemicals update.

On July 21st 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into U.S. law. Section 1502 added Section 13(p) to the U.S. Securities Exchange Act of 1934. On August 22nd 2012, the U.S. Securities and Exchange Commission adopted the final rule requiring companies that manufacture or contract to manufacture products that contain Conflict Minerals including Tantalum, Tin, Tungsten and Gold (3TG) that are necessary to the functionality or production of a product manufactured to disclose annually whether any of those minerals originated in the Democratic Republic of the Congo or an adjoining country.

RLS is not required by the U.S. Securities and Exchange Commission to submit annual reports. Nevertheless we fully support Conflict Free Smelter Program and all necessary measures will be taken to prevent even unintentional use of any minerals from conflict area.

Please read our RLS Conflict Free Minerals Company Policy Statement, dated from July 2013 and covering currently received suppliers information.

CONDITIONS OF SALE – RLS MERILNA TEHNIKA D.O.O

Effective from 9^th april 2018

In these Conditions, “Seller” means RLS merilna tehnika d.o.o.; “Buyer” means a customer that places on an order on Seller which is accepted by Seller; “Goods” means all items referenced on Seller’s order acknowledgement excluding Services; “Equipment” means the equipment provided by Seller as referenced on Seller’s order acknowledgement; “Software” means the computer programs supplied by Seller to Buyer, whether as part of or in connection with the Equipment or separately, that are the subject of a licence granted by Seller to Buyer (“Licence”) contained in a document accompanying the Software (whether or not signed by the parties) or incorporated in the Software, but excludes computer programs licensed to Buyer by a third party, and unless otherwise agreed in writing, Buyer is licensed to use the Software only for its intended purpose; “Services” means any installation, commissioning, calibration, part programming, training, maintenance or other such services provided by Seller, as are referenced on Seller’s order acknowledgement and any written description or specification which has been provided to Buyer (“Services Specification”); “Deliverables” means the deliverables from any Services, as are referenced on Seller’s order acknowledgement or Services Specification; “Intellectual Property Rights” means any patents, trademarks, registered designs and all applications for registration of them, copyrights or design rights or any right which is similar or analogous to any of these anywhere in the world; “Incoterm” means one of the sets of terms defined by Incoterms 2010.

1. Making of Contract

A. Seller’s quotations are submitted on these Conditions and are not offers capable of acceptance. Buyer’s orders are not binding on Seller.  A contract shall only come into existence on the date Seller issues a written order acknowledgement on these Conditions and the “Contract” means the written order acknowledgement, Seller’s datasheet, if any, any other terms or documents referenced on the order acknowledgement and other terms incorporated by these Conditions.  These Conditions supersede any conditions in Buyer’s order.  No other terms, conditions or representations about the Goods or Services shall apply unless specifically agreed by Seller in writing. No variation or waiver of these Conditions shall be effective unless made in writing signed by an authorised representative of each party.  The Licence shall prevail over these Conditions if there is any inconsistency.

B. The Goods or any part of them are sold subject either to: (i) the “ex works” Incoterm; or (ii) another Incoterm referenced on Seller’s order acknowledgement; and the relevant Incoterm shall be incorporated into the Contract. If there is any inconsistency, the order of precedence shall be (i) any other terms or documents referenced on the order acknowledgement, (ii) these Conditions, and (iii) the Incoterm.

C. Buyer’s cancellation of an order after Seller’s acceptance is a breach of contract.  The parties agree that where Seller is providing the Goods, Services or any part thereof to Buyer’s specification, Seller will be suffering losses as a result of such breach. If Buyer cancels the order after acceptance, Buyer agrees to pay Seller for all Seller’s work done to fulfil the order and other unavoidable costs incurred, as at the date of cancellation, payable in accordance with Seller’s invoice for such costs.

D. Where it is a condition of the Contract that Buyer will open a letter of credit or pay the whole or part of the price for the Goods or Services before the due delivery date, any failure to comply will entitle Seller to treat the Contract as cancelled by Buyer, and Seller may invoice for the amounts in 1C above.

2. Prices and Payment

A. Unless otherwise agreed in writing, or provided for in the relevant Incoterm, all prices quoted are: (i) ex works Seller’s premises, (ii) exclusive of any applicable value added tax, which shall be payable in addition; and (iii) subject to variation and may be replaced with those prevailing at the date of delivery.

B. The price for the Goods includes all matters for which Seller is liable under the relevant Incoterm. 

C. Unless otherwise agreed in writing, Buyer shall pay all Seller’s invoices in full (in cleared funds) not later than 30 days from the date of the invoice.  

D. Seller may charge interest on overdue sums at the highest rate permissible under applicable law, accruing on a daily basis until payment is received, after as well as before any judgment for such sums.

E. All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding.

3. Delivery and Acceptance

A. All delivery dates are estimates only and the time of delivery is not of the essence of the Contract. Seller is not liable to compensate Buyer in damages or otherwise for non-delivery or late delivery of the Goods, Services, or any part of them, for whatever reason or for any direct or indirect loss arising. 

B. If Seller cannot deliver the whole or part of any Goods or Services because of any cause which is not reasonably within Seller’s control, the time of delivery shall be extended by a period equal to that during which the cause delaying delivery exists.  If this Condition applies, Seller shall deliver and Buyer shall take and pay for such part of the Goods and Services as Seller shall be able to deliver in accordance with the Contract.

C. Seller shall be entitled to deliver the Goods in one or more consignments or instalments unless otherwise expressly agreed. In all cases where delivery is made in one or more consignments or instalments, each consignment or instalment shall be deemed to be made under a separate contract and may be invoiced separately, and cancellation of any consignment or instalment shall not void or affect contracts as to other consignments or instalments.

D. Delivery shall be in accordance with the relevant Incoterm.

E. Where Buyer is to collect the Goods from Seller’s premises, it shall do so within 7 days of receipt of Seller’s notice that the Goods are ready for collection, otherwise, Seller may charge Buyer for its costs associated with Buyer’s failure to collect within this time. Where Seller has arranged for carriage of the Goods, Buyer shall be deemed to have received such Goods unless it notifies Seller in writing of non-delivery by the due date for payment of the relevant invoice.

F. If it has been agreed in writing that the Goods are sold subject to prior inspection by Buyer, such inspection shall take place at Seller’s premises and once Buyer or its representative has inspected and approved the Goods, the Goods shall be conclusively presumed to be in accordance with the Contract and accepted, and Condition 3H below shall not apply in respect of those Goods. 

G. For orders comprising Goods or Services only, or Services delivered later than the Goods to which they relate, acceptance of the Goods or Services will be deemed to take place on the earlier of 7 days after the date of delivery and when the Goods or Deliverables are put into use.  For orders comprising Goods and Services which are to be supplied at the same time as the Goods, acceptance of the Goods and Services will be deemed to take place on the date the Seller’s installation report is signed by Buyer.

H. If, before acceptance, Buyer establishes to Seller’s reasonable satisfaction that the Goods are not in accordance with the Contract, Buyer’s sole remedy shall be limited, at Seller’s option, to the replacement of the Goods or refund of the purchase price against return of the Goods.

4. Property and Risk

A. Risk of loss of or damage to the Goods shall pass to Buyer at the time specified by the relevant Incoterm.

B. Property in the Goods or in tangible Deliverables shall not pass to Buyer until Seller receives full payment (in cleared funds) for the Goods and Services. If Buyer does not pay for the Goods and Services on time then Seller shall be entitled to the immediate return of the Goods and Deliverables (or the documents of title to them) and Buyer hereby irrevocably authorises Seller to recover the Goods, Deliverables or documents and to enter any premises of Buyer for that purpose. Demand for or recovery of the Goods, Deliverables or documents by Seller does not affect Seller’s other legal rights.

5. Buyer’s Default

A. Seller may, at its option, cancel or withhold all further deliveries under the Contract if Buyer: (i) does not pay any sum due under this or any other contract between Seller and Buyer on time;  (ii) being a natural person, dies or becomes bankrupt; (iii) being a company, enters into liquidation or if an administrator or receiver or administrative receiver is appointed over all or part of its undertaking, property or assets; (iv) enters or offers to enter into any arrangement or composition with his or its creditors; or (v) suffers anything similar or analogous to any of these events under the laws of any jurisdiction in which Buyer is incorporated, resident or carries on business.

B. Buyer shall immediately give notification to Seller should any of the events in (ii)-(v) above apply, and in the case of death, Buyer’s representatives shall give such notification.

6. Defects

A. Seller warrants that the Equipment will substantially conform to Seller’s datasheets, or to such other specifications the parties have agreed upon in writing. Subject to Conditions 6B and 6F, Seller will make good, by repair or, at its option, by the supply of a replacement, defects which under proper use appear in the Equipment, within a period of:

(i)  12 months; or

(ii) 15 months, if Buyer is a manufacturer of equipment for resale with the Equipment as an integral part of the manufacturer’s equipment, or purchases the Equipment for resale new and unused; or

(iii) such time as stated in any different warranty period for the Equipment or components of the Equipment that is specified in Seller’s order acknowledgement, tender offer or documentation accompanying the Equipment,

after (i) the Equipment has been shipped, or (ii) where the Equipment will be installed by or on behalf of Seller, the date the Seller’s installation report is signed by Buyer, or (iii) such other date as specified in Seller’s order acknowledgement, tender offer, or documentation accompanying the Equipment, (“warranty start date”) and which arise solely from faulty materials or workmanship. The repair or replacement shall benefit from a new period of warranty (of 12 or 15 months or other specified period, whichever is applicable) from the delivery date of the repaired or replaced Equipment. 

B. Seller is not liable for the quality, performance or fitness for purpose of any hardware manufactured or software licensed by a third party that are stand-alone items or otherwise external or supplied as an option to the Goods.  However, Seller will endeavour to pass on to Buyer the benefit of any warranty received by Seller from its supplier.

C. If Buyer notifies Seller that the Software does not materially perform to specification under proper use in the 90 days (or such other period stated in Seller’s order acknowledgement, tender offer or the Software licence) after the warranty start date, Seller shall replace or repair the Software within a reasonable time of notification.  No warranty is given that the Software is bug or error-free.

D. If Buyer notifies Seller that any of the Services or Deliverables have not been provided using reasonable care and skill or do not materially meet any Services Specification in the 90 days (or such other period stated in Seller’s order acknowledgement or tender offer) after delivery, Seller shall re-perform the relevant Services within a reasonable time of notification. 

E. The warranty in this Condition excludes any consumable items.

F. Seller is not liable to Buyer for any such defect unless Buyer immediately gives Seller written notice of the alleged defect with full particulars of the operating conditions under which it became apparent and returns the Equipment or relevant part or Deliverable carriage paid to Seller’s works.

G. Any items returned to Seller are at Buyer’s risk.  Repaired or replacement items will be despatched carriage paid by Seller to the address requested by Buyer.

H. If the Seller does not identify a defect in the Goods or Deliverables Seller may charge Buyer at its then current chargeable rates, and for any costs and expenses reasonably incurred.

I. Seller is not liable, whether in contract, tort or otherwise, for any defect, damage to or reduced performance of any part of the Goods or Deliverables, or any equipment being maintained as part of the Services (“Maintained Items”), or for any direct or indirect losses, and Conditions 6A and 6C cease to apply if, after delivery, the Goods, Deliverables or Maintained Items have been:

(i)    used for any purpose which is not contemplated by Seller’s instructions for use or the applicable datasheets;

(ii)   installed, used or stored in a way that is not in strict accordance with Seller’s instructions for use, or otherwise brought to the attention of the Buyer, including where installation has been undertaken by persons not authorised by Seller;

(iii)  used with materials, equipment or software which is not contemplated by Seller’s instructions for use or used under environmental conditions beyond those expressly stated on the applicable datasheet;

(iv)  damaged, misused, neglected, not properly cleaned and stored after use or had any of their identification marks or numbers altered or removed;

(v)   modified and altered in any way without Seller’s prior written authorisation;

(vi)  damaged as a result of use or operation after any defect in them has become apparent;

(vii) damaged as a result of failure or fluctuation of electrical power or environmental systems; or

(viii) damaged as a result of fire, flood, theft, act of god, war, terrorism or similar event,

and Seller may invoice Buyer for any repairs required to the Goods, Deliverables or Maintained Items in such circumstances.

J. The decision of Seller on all matters governed by this Condition 6 and in particular (but without limiting the foregoing) as to the nature and cause of any defect or malfunction, shall be conclusive, and binding on Buyer.

7. Customised or Bespoke Goods

A. Where the Goods have been produced or adapted according to designs or configurations specified or supplied by Buyer, Buyer represents and warrants to Seller that:

(i)  the Goods as so designed or configured do not breach any third party’s Intellectual Property Rights;

(ii) Buyer’s design or configuration is suitable for the Goods’ end-use, application, and/or purpose (and as such Buyer agrees that Seller will have no responsibility for any defective design or configuration); and

(iii)  Buyer has or will have satisfied itself that all necessary tests and examinations have been made or will be made before the Goods are brought into use to ensure that the Goods are designed, constructed and operational so as to be safe and without risk to the health or safety of any persons using or near to the Goods.

B. Buyer shall indemnify Seller against all actions, suits, claims, demands, charges, interest, costs and expenses which Seller may suffer or incur in connection with any claim by any third party alleging facts which, if established, would indicate a breach of Buyer’s representations and warranties in this Condition.

8. Performance of Services; and Use and Disposal of Goods

A. Buyer shall: (i) co-operate with the Seller in all matters relating to the Services; (ii) provide Seller and its representatives with access to Buyer’s premises as reasonably required to provide the Services; (iii) provide such materially accurate information and materials as Seller may reasonably require to supply the Services; (iv) inform Seller of all health and safety rules and regulations and any other reasonable security requirements that apply at Buyer’s premises; (v) undertake such work necessary to prepare Buyer’s premises for the supply of the Services, in accordance with Seller’s reasonable instructions; and (vi) be solely responsible for assessing and meeting all legislative and recommended health and safety conditions at Buyer’s premises to enable provision of the Services.

B. Buyer shall bring to the attention of all persons using the Goods, or where the Buyer is reselling the Goods, to the attention of its purchaser, all of Seller’s datasheets and/or instructions for the Goods including those referred to in Seller’s catalogues or brochures or which Seller has otherwise provided to or made aware Buyer aware of.  Buyer shall take such steps as are necessary to secure that there will be available in connection with the use of the Goods adequate information about the use for which they were designed and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health.

C. Buyer shall not, and where Buyer resells the Goods, shall require its purchaser shall not remove any marking on the Goods referring any user to Seller’s instructions and/or recommendations for use.

D. If either Buyer or its purchaser requires any information as to the use for which such Goods were designed and have been tested and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health for the purposes of satisfying its obligations under any legal requirement relating to health and safety at work, Seller shall provide such information, subject to reimbursement of its out-of-pocket expenses incurred in providing such information.

E. Buyer shall indemnify Seller against all liabilities losses, interest, costs and expenses which Seller may suffer or incur in connection with any claim by any third party alleging facts which, if established, would indicate a breach of Buyer’s undertakings, representations and warranties contained in this Condition 8 or a breach by any purchaser from Buyer of any undertaking which Buyer is obliged in this Condition 8 to require from such purchaser.

F. Where the national legislation on waste electrical and electronic equipment in the country to which Seller ships the Goods permits Seller to delegate such responsibility to Buyer, Buyer shall be responsible for the disposal of the Goods in compliance with the national legislation, at its own cost. Where Seller is not so permitted, Seller shall be responsible for safe disposal of the Goods in compliance with the relevant national legislation, at its own cost.

9. Intellectual Property Rights

A. Nothing in this Agreement changes the ownership of any pre-existing Intellectual Property Rights. Intellectual Property Rights created specifically for the Buyer as part of the Deliverables shall belong to the Buyer and all other Intellectual Property Rights shall belong to the party that created them.

B. Condition 9C applies where a claim is made against Buyer that any part of the Goods or any use of the Goods for their intended purpose, infringes the Intellectual Property Rights of any person except where (i) Buyer has allowed the Goods to be altered or (ii) the Goods have been used as set out in Condition 6I(iii), and in either such case the claim would not have arisen if such alteration or use had not occurred.

C. Provided that Buyer gives Seller prompt notice in writing of any claim of the type referred to in Condition 9(b) and allows Seller (if it so wishes) the entire control of the defence and settlement of the claim, Seller will pay any costs and damages awarded against Buyer in proceedings brought upon the basis of any such claim.

D. If any claim of the type referred to in Condition 9B is made or is in the opinion of Seller likely to be made, then either (i) Seller shall be entitled to procure for the benefit of Buyer a licence to use the Goods and/or Software for their intended purpose, or to modify or replace the Goods so as to avoid infringement without materially diminishing their utility for their intended purpose, or (ii) if the remedies in (i) are in the opinion of Seller not practicable at reasonable cost, Seller shall be entitled to require Buyer to sell the Goods to Seller at the original price after deducting an allowance for depreciation on a straight line basis over the useful life of the Goods, as reasonably determined by Seller.

E. Seller shall have no other or further liability in respect of the alleged infringement of any Intellectual Property Rights other than as specified in this Condition 9.

F. All drawings, materials, specifications and other data supplied by Seller (“Materials”) and all Intellectual Property Rights in them shall remain the property of Seller and, except where they have already been placed in the public domain by Seller, Buyer shall keep the Materials confidential and shall not use them for any purpose other than that for which they were supplied.  Buyer shall destroy or return the Materials to Seller immediately upon Seller’s request and in any event, promptly upon Buyer’s requirements for the Materials having been satisfied.

10.  Limitation of Liability

A. THIS CONDITION SETS OUT SELLER’S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THE CONTRACT.

B. All warranties, conditions and terms implied by law are excluded to the fullest extent possible.

C. Nothing in these Conditions excludes or limits Seller’s liability for death or personal injury caused by Seller’s negligence, or for fraud or fraudulent misrepresentation, or for any other matter in respect of which it would be unlawful for the Seller to exclude or restrict its liability.

D. Subject to Condition 10B and 10C above Seller’s total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise arising under or in connection with the Contract is limited to EUR50,000 or the total price paid by Buyer under the Contract, whichever greater.  Further, and subject to such total liability:

(i)  Seller’s liability for defects is limited to the obligations in Conditions 3H and 6;

(ii) Seller’s liability for breach of obligations under Condition 6 is limited to the price of the relevant part of the Goods or Services in question;

(iii) Seller’s liability for Intellectual Property Rights claims is limited to the obligations in Condition 9;

(iv) Seller’s liability for damage to tangible property is limited to making good or replacing damaged property;

(v)   Seller is not liable for any direct or indirect loss of profit, revenue, data, contracts, business, or goodwill, or for any indirect or consequential loss, or any claims of third parties;

(vi)  Seller is not liable for any claim unless (a) full details of the claim have been given to Seller within 1 month of the matters giving rise to the claim becoming known to Buyer, and (b) legal proceedings in respect of the claim are begun within 12 months of that date.

E.  Where Buyer resells the Goods or Deliverables by incorporation into Buyer’s products, Buyer shall indemnify Seller against any third party claims arising out of defects in Buyer’s products. This does not apply where the defect is caused by Seller’s Goods or Deliverables.

11. Export Control

A. Seller’s acceptance of Buyer’s order is conditional on the receipt of any export licence, permit, answer to a rating enquiry from the applicable government(s), or other documentation required by the relevant authorities to comply with applicable export controls. Buyer acknowledges that Seller’s compliance with such export controls may delay a shipment and, without prejudice to Condition 3A, agrees that Seller is not liable for such delay.

B. If Buyer intends to export or re-export any item after receipt from Seller (including deemed exports), Buyer shall request and obtain all necessary licences for the use and/or export of the item.

12. General

A. If any term or provision of the Contract is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of the Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.

B. Seller’s failure or delay to insist upon strict performance of any provision of the Contract, or to exercise any right or remedy provided under the Contract or by law, shall not be deemed to be a waiver thereof, or of any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

C. The Buyer is informed and agrees that the data obtained while implementing the Contract or Purchase Order will be processed in the Buyer's IT system.

13. Proper Law

The Contract and any dispute or claim arising from or in connection with it (whether contractual or non-contractual) shall be governed by and interpreted in accordance with Slovenian law and Buyer irrevocably submits to the exclusive jurisdiction of the Slovenian courts, but Seller may enforce the Contract in any jurisdiction. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

All non-contact encoders and components are covered by a 2 year warranty. The RE22, RE36 and RE58 encoders with a bearing/shaft are covered by a 1 year warranty.

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