Nov 15, 2019 | Uncategorized
Bezannes, November 15, 2019 – The ViO80-2PB, a new midi excavator by Yanmar, has the performance of a large machine and the advantages of a compact excavator. Designed to work effectively on a wide range of construction sites, it combines performance, versatility, comfort and reliability. With this machine, Yanmar once again underlines its position as a leading manufacturer in the compact equipment sector.
The 8-ton midi excavator convinces with an adjustable boom of a unique design. The additional articulation of the boom improves the machine”s manoeuvrability and precision when positioning loads, as it can be lifted faster and lowered slowlier. A monocylinder is located in the upper part of the boom, reducing the excavator’s own weight and increasing its stability. With a very slim structure, the boom also possesses one of the best views in the market. For efficient and precise work in darkness, the standard version of the ViO80-2PB has three LED lights in the boom and at the front of the cabin. The LED technology provides strong light with reduced energy consumption, increasing the battery life.
What is also new: The ViO80-2PB is equipped with the Yanmar 4TNV98C-WBV1 engine, with 55.6 HP and a direct injection Common Rail System. The fuel injection is controlled and adjusted by an electronic control unit, ensuring clean combustion and optimum operating conditions for the engine. The cooled exhaust gas recirculation and diesel particle filter strongly reduce nitrogen oxides and pollutant emissions. The excavator fulfills the EU exhaust gas regulations. Also, it is by default equipped with an automatic idling function and Eco mode.
The operator is always in the focus of Yanmar’s design initiatives. Therefore, the “Universal Design” concept offers an ergonomic environment, an exceptional level of safety and excellent visibility. The design of the cabin provides a 360-degree panoramic view. This helps improving safety on the job site while enabling more efficient work. The air-suspended driver’s seat has many adjustment options to help the operator find the optimum seating position. The dashboard and the armrest have been redesigned, the footwell area has been enlarged and the cabin access improved – all for enhanced operator comfort.
With the ViO80-2PB, the Yanmar midi excavator range now includes seven models for all application areas. Whether building construction, landscaping, earthworks, levelling, demolition or road construction – every user will find the right machine for his needs.
Nov 15, 2019 | Uncategorized
Financial information was automatically exchanged once again on September 30, 2019. Those with unreported income in foreign accounts can still submit a voluntary declaration leading to immunity from tax evasion charges.
The automatic exchange of (financial) information (AEOI) occurs regularly at the end of September, with Germany”s Federal Ministry of Finance (Bundesfinanzministerium) exchanging financial information with around 100 countries this year as well. For the authorities, the AEOI is a powerful weapon in the fight against tax evasion. Its reach is not limited to countries such as Liechtenstein, Luxembourg, Austria or Switzerland; many other countries that were once considered tax havens take part in the exchange.
In doing so, the German tax authorities receive vast amounts of data and information concerning foreign accounts, income, interest, and dividends. Tax evaders who have deposited untaxed income in foreign accounts, on the other hand, are now scarcely able to conceal their tax evasion from the German tax authorities. We at the commercial law firm MTR Rechtsanwälte note that submitting a voluntary declaration leading to immunity from tax evasion charges still represents a way out of this situation.
Given the ever-increasing risk that the tax evasion will be uncovered, tax evaders should not kick voluntary disclosure into the long grass. Voluntary disclosure can only succeed if there are no grounds impeding its success. This means that the tax evasion must not yet have been discovered by the authorities.
However, it is equally important for a voluntary declaration to be well prepared and not hastily put together on one”s own or with the help of standard templates, as a voluntary declaration can only lead to immunity if it is complete and error-free. It must include all relevant information from the past ten years. Complying with these requirements is a tall order for a layperson. Those who nonetheless decide to take their chances and forgo expert legal advice risk voluntary disclosure failing. Even minor errors can lead to an invalid voluntary declaration.
To prevent this from happening, lawyers with experience in the field of tax law ought to be consulted when dealing with voluntary disclosure. They can assess each case individually and know what information needs to be included in the voluntary declaration for it to be capable of leading to immunity.
https://www.mtrlegal.com/en/legal-advice/tax-law/voluntary-disclosure.html
Nov 14, 2019 | Uncategorized
Ready-made software solutions no longer cut it in many businesses whose needs require dedicated software. In this context, attention needs to be paid to how the project contract is drafted.
A lot of business sectors require the use of specially developed software that is tailored in detail to individual requirements. We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en/ note that in order to avoid legal disputes between the developer and the contractor at a later date, it is crucial to precisely define in a project contract the performance requirements as well as the rights and obligations of the client and the contractor.
Essential points that ought to be regulated in a project contract are a precise performance specification, the timeframe, the costs, and, of course, the rights of use.
In many instances, only a brief outline is provided of the requirements that need to be met by the software. A vague description is in practice not enough, especially if problems with technical implementation or delays arise. That is why the performance expected of the developer should be precisely defined from the outset. One possibility to this end is to create a functional specification and product requirement document, which then forms an integral part of the contractual agreement.
One obvious requirement is the provision of a timetable setting out when each stage of development is reached and when the software is ready to be accepted by the client.
Delays typically go hand in hand with additional costs, and these must be agreed upon in the project agreement as well. It needs to be clarified what budget is available, whether there is any financial leeway, whether calculations are made according to effort or a fixed price is agreed upon, and whether provision is made for installments. The issue of whether subsequent remedial work is included in the price should also be clarified in advance.
Another important aspect is rights of use. Software developments and computer programming are protected by copyright. Generally speaking, the client does not obtain the copyright but instead merely a right of use. The scope of this right of use should equally be clearly defined in the contract.
Standard-form contracts are normally not sufficient when dealing with such complex issues. It is therefore advisable to draft detailed project contracts. Lawyers with experience in the field of IT law can offer advice.
https://www.mtrlegal.com/en/legal-advice/it-law.html
Nov 14, 2019 | Uncategorized
Las Vegas, Nevada – November 14, 2019
The SmartTOP additional convertible top control by Mods4cars offers VW EOS owners more comfort and functionality of their vehicle: For example, the convertible module allows the top to be opened and closed while driving at slow speeds (of up to 44 km/h). Thanks to the One-Touch function, a brief tap of the button is enough and the convertibles top movement is carried out automatically.
It is also possible to open and close the top from a distance using the vehicles remote control. As our customer walks toward their vehicle, they can already open their convertibles top using the vehicles key and start their journey open. In the event of sudden rain, the top can be conveniently closed from a distance. No change to the vehicles key is needed.
In addition to these two main functions, there are a number of other additional features that can be individually programmed: Windows and the sunroof can be opened and closed using the remote control. A horn signal can be programmed to sound when the central locking system is activated. Optionally, the hazard warning lights can be programmed to activate during the movement of the convertible top.
The operating direction of the convertible top and sunroof buttons can be reversed. It is possible to activate the top when driving with a trailer. The front passenger mirror can be set to automatically tilt downwards when the reverse gear is engaged. Starting and stopping the engine will not interrupt the convertibles top movement in progress. The module can be completely deactivated if necessary.
A plug-and-play adapter, included in delivery, ensures a simple connection between SmartTOP module and the vehicle electronics. A built in USB port on the SmartTOP module allows it to be connected to the home PC/Mac. This in turn allows software updates to be installed, which the company Mods4cars provides free of charge.
The SmartTOP convertible top control for Volkswagen EOS is available from 269.00 Euro + tax.
SmartTOP convertible top controls are available for the following vehicle brands: Alfa, Audi, Bentley, BMW, Chevrolet, Ferrari, Ford, Infiniti, Jaguar, Lamborghini, Land Rover, Maserati, Mazda, McLaren, Mercedes-Benz, Mini, Nissan, Opel, Peugeot, Porsche, Renault, Volkswagen and Volvo.
A demonstration can be viewed here:
For more information:
http://www.mods4cars.com
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Nov 13, 2019 | Uncategorized
While a managing director”s invalidly constituted employment contract may be treated as if it were valid, it can be rescinded at any time without good cause.
Companies and managing directors should, of course, always make sure that the employment contract is validly constituted and that all contractual arrangements are valid. However, it is possible for mistakes to be made when concluding an employment contract that renders it invalidly constituted. This is not necessarily a problem as long as there is no dispute between the parties, and the shareholders or, more specifically, the supervisory board are aware of the managing director”s service. We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html note that under these circumstances an invalid employment contract may be treated as if it were a valid employment contract.
Yet managing directors should not rely on this arrangement. In the event of a dispute with the company, the managing director”s invalidly constituted employment contract can be rescinded at any time without good cause, as demonstrated by a ruling of the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, from August 20, 2019 (Az.: II ZR 121/16).
In the instant case, the chairman of the supervisory board of a GmbH had unilaterally concluded an employment contract with the managing director despite the fact that this was strictly speaking the responsibility of the supervisory board and later, following an amendment to the articles of association, the shareholders” meeting. When the shareholders became unsatisfied with the managing director”s work, the shareholders” meeting formally removed the managing director from his position and issued both extraordinary as well as ordinary notice terminating the employment contract.
Despite reaching all the way to the BGH, the managing director”s action against his dismissal was ultimately unsuccessful. The employment contract was deemed to have been invalidly constituted because it had not been concluded as prescribed in the articles of association by the supervisory board, which was found at the time of the contract”s conclusion neither to have had effective representation nor to have authorized its chairman to conclude the contract. The BGH held that because the employment contract had not been validly constituted, it could be rescinded at any time without good cause. The Court went on to state that the employment contract was only to be deemed valid for the duration of the managing director”s service.
Companies and managing directors therefore have a mutual interest in ensuring that contracts are legally watertight. Lawyers with experience in the field of company law can offer advice.
https://www.mtrlegal.com/en/legal-advice/company-law.html
Nov 12, 2019 | Uncategorized
A Chinese manufacturer of motor scooters is not in breach of an Italian competitor”s intellectual property rights. That was the verdict of the General Court of the European Union (EGC) in a ruling from September 24, 2019 (Az. T-219/18).
We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html note that in order for a registered design to be capable of being affording protection under the Community Design Regulation, it needs to be new and possess individual character.
In the dispute between the motor scooter manufacturers, the General Court found the Chinese model to have sufficient individual character, there being no risk of confusion with a well-known model from an Italian manufacturer. Consequently, the Chinese producer”s Community design remains registered.
The Chinese manufacturer had its scooter registered in 2010 as a Community design at the European Union Intellectual Property Office (EUIPO). Its Italian rival brought an action against this and applied to have the design declared invalid, reasoning that the Chinese scooter lacked novelty and individual character because its profile and structural characteristics bore a strong resemblance to one of the Italian manufacturer”s models. It went on to note that the Italian motor scooter was protected as a creative work in Italy and France.
The EUIPO rejected the application for annulment, and this decision has since been upheld by the EGC. The Court held that the two motor scooters created a different overall impression. While the Chinese model was said to have a predominantly angular profile, the Italian scooter, on the other hand, was said to be characterized by curved lines. Consequently, the EGC found that the Chinese scooter possessed individual character. It ruled that the differences distinguishing the two scooters were numerous and of such significance that they would not escape the attention of informed consumers, and that there was thus no risk of confusion.
The EGC also confirmed the EUIPO”s view that the Chinese motor scooter did not infringe the Italian manufacturer”s copyrights in Italy and France. The Court noted that the copyright protection was for the “curved, feminine vintage character,” and that the more angular Chinese roller did not draw on this character.
Trademarks and the protection of intellectual property are of great value to businesses. Lawyers with experience in the field IP law can offer advice.
https://www.mtrlegal.com/en/legal-advice/ip-law.html
