General Terms and Conditions TecDoc Catalogue
(TecDoc DVD + TecDoc Web)

of TecAlliance GmbH, Steinheilstr. 10, 85737 Ismaning, Germany

1 General Information and Scope of Application

1.1 The Terms and Conditions apply to all current and future business relationships. All concluded contracts and deliveries are subject to the following conditions.

1.1 The Terms and Conditions apply to all current and future business relationships. All concluded contracts and deliveries are subject to the following conditions.

1.2 Our company is engaged in business with other companies. Legal transactions with private customers are excluded. Therefore, these Terms and Conditions do not apply to legal transactions with private customers.

1.3 Customers, for the purpose of the Terms and Conditions, are natural persons with whom a legal transaction is entered into, without these persons being ascribed a commercial or self-employed activity.

1.4 Companies for the purpose of the Terms and Conditions are natural or legal persons or business partnerships or private companies with whom a business relationship has been entered into which involves commercial or self-employed activity.

1.5 Differing, contradictory, or additional Terms and Conditions are not part of any contract, even if known, unless their validity is expressly agreed upon in writing

2. Subject Matter of the Contract

2.1 TecAlliance collects data for the independent automotive spare part market from various companies that are suppliers to the automotive industry (data suppliers). On the basis of special data delivery contracts the data suppliers provide TecAlliance with catalogue data for the products they manufacture and offer for sale. The data supplied is part of the catalogue compiled by TecAlliance. It is an important basis of this contract that TecAlliance collects data that originates from the parts industry; TecAlliance cannot check whether this data is correct, complete or up to date.

2.2 Data that is displayed after a particular country has been selected is only valid for that country. The data loses its validity upon the release of the latest catalogue for the coming quarter. The product data remains visible for two months after this date and will become inaccessible after prior notification.

3. Offer and Contract Conclusion

3.1 Offers are not binding. The right to make technical changes is reserved insofar as these are reasonable.

3.2 Upon placing an order the customer declares a binding willingness to subscribe to the TecAlliance catalogue.

3.3 The contract between the customer and TecAlliance enters into force upon the written acceptance of the contract offer (order) of the
customer by TecAlliance, the delivery of the catalogue or the sending of an eTicket.

4. Supply / Ownership Reserved

4.1 TecAlliance delivers the TecDoc Catalogue DVD to the customer’s premises carriage free. Delivery dates or deadlines that were not expressly agreed upon as being binding are always regarded as not binding. TecAlliance makes available the TecDoc Catalogue Portal and other industry information on the Internet.

4.2 The catalogue supplied remains the property of TecAlliance until all amounts charged in the invoice accompanying the delivery are paid in full. The rights of use are also only transferred once the purchase price has been paid in full. The customer is not authorised to sell the catalogue delivered to third parties until the invoice arising from this contractual relationship has been paid in full. The customer is obliged to enter the copyright conditions listed under point 7 of this contract into the sales contract if and when any part of the catalogue is sold to third parties.

4.3 The customer may only initiate a claim for defects after it has complied with the duty to inspect and report defects found in delivered products according to Part 377 German Commercial Code.

5. Payment Conditions

The invoice amount is due upon receipt of the invoice for the TecDoc Catalogue DVD or immediately on purchase of an license for the TecDoc Catalogue Portal . Should the customer fail to settle the invoice TecAlliance has the right to stop the supply of any further TecAlliance services. While in arrears the customer is liable to pay interest calculated at 8% per year above the basic annual interest rate on the sum owed.

6. The Protection of Data Privacy

6.1 Customer data is stored and processed by TecAlliance subject to the relevant provisions of the German Federal Law on the Protection of Data Privacy and the Law on the Protection of Tele-Data. Personal customer data is only collected and stored for specified, unambiguous, and lawful purposes and is not kept for longer than necessary for that customer.

6.2
The customer has a right to receive notification as well as a right to make corrections to, block, or delete the data stored. Any request to this effect should be directed by email to sales@TecAlliance.net or sent by post or fax to TecAlliance.

6.3
TecAlliance does not pass on personal data of customers, including home and email addresses, to any third parties. The service providers for TecAlliance, however, are excluded from this regulation because they require the data in order to process orders. In such cases the data supplied is limited to the minimum required.

7. Copyright / License

7.1 All intellectual property rights remain reserved.

7.2
TecAlliance expressly reserves all rights with respect to the publication, copying, processing, and exploitation of the catalogue contents and other programmes and documentation that were delivered with it.

7.3
The catalogue DVDs and CDs are encrypted to prevent copying. The data contained in the TecAlliance  catalogue may not be copied and distributed without the authorisation of TecAlliance. This includes the transfer of data to other electronic media.

7.4
The customer may use the data contained in the TecDoc Catalogue DVD or Portal only for his own purposes.

7.5
The usage of a data medium in a company in-house network is allowed. The purchase of the license enables access to the catalogue from a single work station. If the customer has more than one work station that accesses the catalogue, it is obliged to inform TecAlliance promptly of the number of workplaces that access to the catalogue. TecAlliance will charge for the additional workplaces according to the current price scale.

8. Liability

8.1 TecAlliance bears unlimited liability for any endangerment to life, limb, or health arising from legislation insofar as damages arise from negligence or malice on the part of TecAlliance, its lawful representatives or its agents. TecAlliance is also liable for any damages that result from its responsibility as defined in the Product Liability Law. TecAlliance is also liable, subject to the relevant legislation, for damages that did not arise due to the grounds outlined in Sentence 1 but that are due to malicious or negligent breach of contract or wilful deceit on the part of TecAlliance, its lawful representatives or its agents. In this case liability is limited to foreseeable and typically occurring damages as long as TecAlliance, its lawful representatives or its agents did not act wilfully.

8.2
TecAlliance is also responsible for damages arising from simple negligence in as much as the negligence concerns the breach of contractual obligations that are of particular importance for the achievement of the objectives of the contract, (cardinal obligations). In this case TecAlliance only accepts liability for damages that are typically related to the contract or that are foreseeable.

8.3
Further liability is excluded regardless of the legal basis on which the claim for damages is made; this applies especially to claims based on alleged criminal action, or attempts to claim reimbursement for futile expenditures instead of for the service provided. In as much as the liability of TecAlliance is excluded or restricted, the same applies with regard to the personal liability of any of its employees, collaborators, representatives and agents.

9. Concluding Conditions

9.1 The laws of the Federal Republic of Germany shall apply. The regulations contained in the United Nations Convention on Contracts for the International Sale of Goods are not applicable.

9.2
The place of performance and jurisdiction for deliveries and payments as well as for any disputes that may arise between TecAlliance and the customer resulting from the contract concluded between TecAlliance and the customer is the legal domicile of TecAlliance. TecAlliance has the right, however, to also initiate legal proceedings against the customer at the legal domicile of the latter.

9.3
The German version of this contract is exclusively valid if there are versions of this contract in other languages.

9.4
Should individual stipulations of this contract with the customer, including these Terms and Conditions, be, or become void in total or in part, the validity of the remaining stipulations will not be affected. The stipulation that is judged to be void in part or in total is to be replaced by a contract stipulation that meets the commercial objectives of the void clause in the closest possible way.

 

Version 2016-09