General Terms Of Use for the website FIRST CLAAS USED Center

CLAAS Global Sales GmbH

Mühlenwinkel 1

33428 Harsewinkel

- referred to below as CLAAS or the Operator -

 By accessing or using the website, you are agreeing with these Terms of Use and entering a legally binding agreement with the Operator. You must not access this website if you do not wish to or cannot consent to these Terms of Use.

1. General

1.1 The FIRST CLAAS USED Center platform is provided by the operator as an information and contact platform for downloading information on the product range of used agricultural equipment in general and advertisements for used agricultural equipment.

1.2. The website operator's role is limited to providing the technical facilities required for viewing information and advertisements. The operator has no control of the content of the advertisements. The suppliers of the agricultural machines placed on the website are FIRST CLAAS USED Center in Germany and in some cases other European countries. Any contracts you may sign after viewing an advertisement on the website are signed exclusively with the party supplying the advertisement. In the relationship between suppliers and prospective purchasers or buyers, the Operator shall not act either as representative or as agent for concluding sales contracts.

1.3. Use of the platform shall be based exclusively on these Standard Terms of Use. Use of the website denotes agreement with these terms and conditions of use.

2. Use

No information (drawings, images, data, prices, specifications) relating to the products offered and described in the Portal may be reproduced, stored in other media, distributed or modified. Printing and storage of single pages for one’s own purposes is permitted, but not for other, external commercial purposes.

3. Services of the Operator

The operator displays the various locations of FIRST CLAAS USED Center and details of the respective contact [persons, and provides information on the services offered. The operator also displays on the website advertisements for used machines placed by FIRST CLAAS USED Center on the page (FIRST CLAAS USED).

The type of display and functionality can be differentiated according to the type of access – for example on the website or via a mobile application.
The Operator shall reserve the right at times to restrict the retrieval of advertisements if this is necessitated by capacity limits, security or server integrity, or carrying out technical procedures. For this purpose, the Operator may also grant third parties access to the stored information and contents of the Portal. The Operator shall make every effort to carry out scheduled maintenance work at times of low use.

For technical reasons in particular, it may occasionally not be possible, or only possible to a limited extent, to retrieve and place activated advertisements (unforeseen system failures).

4. Cross-border sales

In the case of a cross-border sales transaction, the purchaser is solely responsible for ensuring that the machine complies with the provisions of the relevant country in terms of registration requirements, exhaust standards, work safety regulations, etc. The Operator shall not give any guarantee whatsoever that the used machinery offered complies with the legal requirements of the country to which it is sold.

5. Liability

5.1. The Operator shall be liable to the Users in accordance with the general provisions of the law, unless as otherwise indicated in the following regulations.

5.2. The Operator shall be liable without limit for intent and gross negligence; liability shall otherwise be limited and/or excluded in accordance with the following regulations.

5.3. The liability of the Operator shall be limited to reasonably foreseeable loss or damage and expenses typical for the contract.

5.4. The Operator shall be liable for minor negligence only if an obligation is breached, where compliance is of particular importance for achieving the purpose of the contract (cardinal obligation). In this case the above limitations of liability shall apply; liability for minor negligence shall otherwise be totally excluded.

5.5. Liability for indirect loss or damage and consequential damage, in particular for loss or damage in the event of stoppages and for loss of profit, shall be excluded.

5.6. Liability shall be further excluded if the loss or damage would have occurred even with proper data backup. Liability for loss of data shall otherwise be limited to typical recovery costs which would have arisen with regular production of backup copies, as appropriate to the risk.

5.7. Exclusions of liability shall not apply in the event of loss of life, physical injury or damage to health, and also in the event of claims under the Product Liability Act. Liability under guarantees that have been given by the Operator shall also remain unaffected.

5.8. The SP shall indemnify the Operator against all claims lodged by third parties against the Operator because of the violation of their rights by an advertisement or because of other use of the website by the User.

6. Final provisions

6.1. Should individual provisions of the terms of use be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected as a result. A provision whose purpose is as close as possible to that of the invalid or unenforceable provision shall be inserted to replace the invalid or unenforceable provision. The same shall apply if the parties subsequently establish that the provisions of the terms of use are incomplete.

6.2 The Operator shall be entitled to amend and/or supplement the terms of use, unilaterally and prospectively, provided this is necessary to safeguard the legitimate interests of the Operator, in particular if new Portal functions are introduced, and provided the User is not unreasonably affected as a result. In this case, reasonable notice shall be given to the User about amendments and/or additions. Should the User not object to the application of the new terms of use within two weeks of being notified (time limit for objection), the amended terms of use shall be deemed to have been accepted by the User. The Operator shall refer to the right of objection and the importance of the time limit for objection in the notification. In the event of an objection, the Operator shall nevertheless have the right to terminate the operator/user relationship exceptionally without notice, on significant grounds.

6.3. The legal relationship between User and Operator shall be subject to German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or connected to the use of this Portal shall be the domicile of the Operator.

6.4. The Operator shall make these Terms of Use and additional information available to the User in various languages. In the event of disputes and problems of interpretation the German version alone shall be the authoritative version; all other language versions shall be simply read-only versions for the benefit of the User.

Status August 2018