Conditions of use
NOE Partsfinder
App
Preamble
NOE-Schaltechnik Georg Meyer-Keller GmbH + Co. KG (hereinafter
referred to as NOE) makes an "App" called NOE Teilefinder
(hereinafter referred to as the NOE Partsfinder App)
available on its website www.noe.de.
The NOE Partsfinder App displays images of NOE products on a PC or
on mobile devices.
Every use of the NOE Partsfinder App is at the user's own responsibility and
risk, this also applies to the downloading and installation of this App on a PC
or mobile device.
By using the NOE Partsfinder App, you accept the following conditions of
use:
1. Scope of use
1.1 Use is
permitted exclusively for business purposes by companies as defined in § 14 BGB
(German Civil Code).
1.2 The
following conditions therefore apply exclusively in business dealings with a
company as defined in § 14 BGB for the purpose described in the Preamble and
for the use of NOE products.
2. Protection clause
These conditions apply exclusively to the use and
scope of application of the NOE Partsfinder App in as
far as no other contractual agreement is expressly affected. Other regulations,
in particular the user's General Terms and Conditions (GTC) are not part of
this agreement, even if these GTC are not expressly contradicted by NOE.
3. General use
3.1 The NOE
Partsfinder App was created in accordance with best
knowledge and belief and carefully checked before being made available.
3.2 NOE
strives to keep its website free of viruses, freedom from viruses cannot be
guaranteed however. The user of the NOE Partsfinder
App is obliged to take appropriate security precautions and use a virus
scanner.
3.3 NOE
provides no guarantee of the availability of the website, the NOE Partsfinder App or its technical defect-free operation at
any time.
3.4 NOE
reserves the right to amend the conditions of use at any time. No express
notice of amendment of the conditions of use will be issued.
4. User's obligations to check
4.1 The
parties agree that it is not possible to develop a program that functions
without error for all conditions of application, and that this also applies to
the NOE Partsfinder App.
4.1 The
result determined with the NOE Partsfinder App must
be checked carefully to verify that it is correct.
5. Guarantees/warranty
5.1 NOE
affirms that it is the owner of the contractual right of use and is therefore
entitled to grant the user the right to use the NOE Partsfinder
App, without infringing the rights of third parties. If this is not the case,
NOE will indemnify the user from all third party claims in relation to this.
5.2 Beyond
this, no guarantees or assurances are provided. In particular, NOE does not
guarantee the correctness of the displayed results of the NOE Partsfinder App.
5.3 Warranty
claims based on any material defects and defects of title are generally
excluded.
6. Liability
6.1 Liability
for infringements of contractual and extra-contractual obligations are unaffected.
NOE is liable for the infringement of these obligations only in the event of
intent or gross negligence, limited to the foreseeable damages typical for the
use of the NOE Partsfinder App. Considerable
contractual obligations exist if the disclaimer of liability relates to an
obligation that must be discharged for proper operation of the application and
that the user could ordinarily expect to be honoured. The rules about the
burden of proof remain unaffected by this.
6.2 NOE
accepts liability for personal injury exclusively in accordance with the
mandatory statutory requirements, for other damages only in the event of gross
negligence or intent. NOE is not liable for consequential damages, financial
loss or data loss.
6.3 Unless
the liability of NOE is excluded or limited, this also applies for the personal
liability of the officers and directors, contractors, employees,
representatives and vicarious agents of NOE.
7. Costs/termination of the making available of the NOE Partsfinder App
7.1 The NOE
Partsfinder App is made available free of charge.
7.2 NOE
reserves the right to offer the use of the NOE Partsfinder
App only against the payment of a charge.
7.3 NOE is
not obliged to further develop the NOE Partsfinder
App.
7.4 NOE
reserves the right to terminate the availability of use of the NOE Partsfinder App without having to give any reason.
8. Intellectual property rights, contractual penalties
8.1 The NOE
Partsfinder App is the intellectual property of NOE
and may not be modified, enhanced, reverse engineered, sold, rented or reused
in any way for commercial purposes without the prior written permission of NOE.
8.2 For
each case of culpable infringement of the prohibition in 8.1, the user is
obliged to pay a contractual penalty of € 5,000-00 excluding the defence
of the continuation of an offence. NOE reserves the right to assert damages
over and above this sum.
9. Data protection
When using the NOE Partsfinder
App, the user is obliged to comply with the statutory requirements relating to
data protection, and in particular not to store any data about persons. The
attention of the user is drawn to the provisions of NOE's data protection
policy (http://www.noe.de/Datenschutzerklaerung.html).
These provisions of the data protection policy are part of these conditions of
use.
10. Miscellaneous
10.1 If one
or more provisions of these conditions of use is or becomes ineffective in part
or in whole or an omission is found in the provisions, then this does not
influence the effectiveness of the remaining provisions. Completely or
partially ineffective provisions or omissions are to be replaced by a suitably
effective regulation which, in as far as it is legally possible, fulfils the
intended legal and commercial purpose or comes closest to doing so.
10.2 The
place of jurisdiction for all disputes arising from the use is the domicile of
NOE (Süssen, Germany). The law of Germany applies,
excluding the provisions of the UN Sales Convention.
10.3 The
disclaimers published at www.noe.de/Impressum.html apply
for the NOE websites.
11. Contact
Please address questions about the NOE Partsfinder App or these conditions of use to info@noe.de