Mühlenwinkel 1, 33428 Harsewinkel
- referred to below as the Operator -
1.1. The Operator has created the FIRST CLAAS USED Internet platform, a web-based trading platform for used agricultural machinery. The product assortment covers exclusively used agricultural machinery, and is not limited to products manufactured by CLAAS. The FIRST CLAAS USED Internet platform (also referred to below as the "Portal") will thus be used by registered CLAAS sales partners (referred to below as "SP") as a market place for the purchase and sale of used machinery. The Portal provides SPs with opportunities to offer used machinery for sale by means of advertisements, to search for offers via an input mask and to view their own offers and the offers of other dealers. The Portal is only available to persons (referred to below as "Customers", whereby the SP and Customer together are jointly referred to as the "User") other than SPs as an information and contact platform with respect to the products offered on it.
1.2. In this context, the Operator does not act as the supplier of the goods, but shall be solely responsible for providing the trading and information platform.
1.3. In making the Portal available, the Operator shall provide only the technical basis for transmitting and viewing information (advertisements). The Operator has no influence whatsoever on the content. The Operator in particular is not the supplier of the agricultural machinery displayed. Contracts which are initiated as a result of an advertisement placed on the Portal shall be concluded and fulfilled without the involvement of the Operator. 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.
2. Use and registration
2.1. Initial log-on (registration) is required by SPs before using the FIRST CLAAS USED Portal for the first time. Customers can use the FIRST CLAAS USED Portal with or without registering.
2.2. Only persons and companies and/or cooperatives which operate as commercial or independent traders shall be permitted to register, irrespective of their legal form. Registration is not permitted for all other persons.
2.3. The Portal is also available to Customers without prior registration and log-on. However, Customers who are not registered shall only have limited use of the Portal. Customers must register with and log on to the Portal first in order to be able to use the advanced functions such as saving search requests and saving a watch list. Each account can only be assigned to one person. Multiple registration is excluded.
2.4. As part of the registration, the Operator will request certain information which will be stored and processed. Essential information shall therefore be labelled as such, and all other details shall be voluntary. Information may be used by the Operator to run the Portal and, provided the User has agreed, also used for advertising purposes. The User may revoke this agreement at any time. The User shall expressly agree that, if necessary, a comparison may be made with additional data belonging to the User which has already been stored within the context of other business relations with the Operator or with other companies associated with the Operator (in accordance with § 15 AktG) and, if necessary, this supplementary data may be used in the operation of the Portal.
2.5 The User shall undertake to provide truthful information at registration. This shall apply equally to essential and voluntary information.
The SP shall undertake to provide immediate notification of any amendments to their data occurring after registration. This notification must be given in writing to the responsible CLAAS contact person. Customers can update and amend their data under the "My Account" tab.
Users shall undertake to treat access data (e-mail address and password) for their account as confidential and not to pass them to third parties. The Operator shall never ask Users for their password by e-mail or telephone.
2.6. Use and registration of the FIRST CLAAS USED Portal is free of charge for all Users.
2.7. 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 shall be responsible for providing an input mask for advertisements, for activating advertisements placed via the input mask, and for facilitating the retrieval of advertisements from the database via the internet onto the trading platform. 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 input facility and 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. Forwarding to third parties (external portals)
At the request of the SP, the advertisement-related data (data) may be forwarded to third parties (external portals). Forwarding shall only be done at the express request of the supplier, and then only if an agreement for own use between the SP and the recipient of the data (third party) is already in place and permits the forwarding of data by the Operator on the instructions of the SP. The Operator shall accept no liability whatsoever for the correctness and completeness of the forwarded data. The Operator shall not modify the forwarded data. The Operator shall likewise not be responsible for ensuring that the forwarded advertisements comply with the legal regulations. The SP shall indemnify the Operator from all claims by the third party against the Operator in connection with the forwarding of data.
5. Requirements for contents of advertisements
5.1. The SP shall undertake to provide complete and truthful information relating to the used machinery (in particular a detailed description of the product and its condition, the year of manufacture and the hours of operation) and their legal interest in the used machinery and in regards to the other contents of the advertisement. In this respect, the SP must guarantee that all information relevant to the sale are indicated in the advertisement.
5.2. SPs can essentially offer agricultural machinery of any brand in the Portal. As the Operator wishes to use this Portal solely for selling used machinery, however, machines from specific product categories must meet certain criteria in order to be able to be offered in the Portal. The following criteria apply to the product groups of tractors, combine harvesters, forager harvesters and balers:
- The machine must have a valid manufacturer's serial number, and
- The machine must have already been sold to an end customer (proof of which must be provided on request) and used by this end customer, and
- The year of manufacture must not be the year in which the model was discontinued or the year prior to the current one, and
- The machine must have been used for at least the following amount of work:
Tractors/combine harvesters/forager harvesters: 300 operating hours
Balers: 5000 bales
5.3. Details must be given by the SP in the language of their country. The Operator shall translate the machinery specifications in accordance with the CLAAS Standard translation tables for machinery specifications, into the languages available on the Portal. Free text shall not be translated and shall remain in the input language. The Operator shall make every effort to always enter the correct translations; however, the Operator shall not accept any liability whatsoever for the correctness of the translation. Any liability for translation errors shall be excluded.
5.4. The Operator shall reserve the right to reject, modify or remove advertisements. The following advertisements are not permitted: Advertisements that do not depict the used machinery described, advertisements for used machinery that can only be procured but are not already in the possession of the supplier, advertisements with Internet addresses, advertisements that offer more than one item of used machinery and advertisements with incorrect or unlawful content.
5.5. Errors in the details of the used machinery must be corrected immediately by the SP.
5.6. If the SP illustrates advertisements with images, they must guarantee that they are permitted to use them without restriction and that the images are unencumbered by third-party rights – in particular third-party copyrights. The Operator shall accept no liability whatsoever in this respect. The images used must reflect the actual condition of the machinery.
5.7. If the SP is a dealer, the regulations of the Telemedia Act (§ 5 TMG) in particular must also be complied with. This means in particular that, as the suppliers of used machinery, Users must comply with the obligation to provide publisher details when placing an advertisement. In the event of changes to the publisher details, these must be amended immediately in the Portal under the "My Account" tab.
5.8. Products offered which have been sold or are no longer in the possession of the supplier must be deleted or marked as sold immediately by the supplier. If the User marks a used machine as sold, the Operator shall request from them the sale price and the country in which the used machine was sold. The field providing details of the country of sale is mandatory.
6. Responsibility for the content of advertisements
6.1. The SP shall be solely responsible for the content of advertisements and the availability of the used machinery offered. The Operator shall not check either the correctness or the completeness of advertisements, and shall not give any guarantee whatsoever in this respect.
6.2. The Operator shall exclude any guarantee and liability for the compliance of advertisements with the provisions of the law and shall not violate any third-party rights.
7. Cross-border sales
In the case of a cross-border sale, sellers and buyers must independently ensure that the machinery complies with the regulations of the relevant country in respect of possible authorisation requirements, exhaust emission standards, industrial 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. The seller shall indemnify the Operator from all claims in this respect.
8.1. 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.
8.2. 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.
8.3. The liability of the Operator shall be limited to reasonably foreseeable loss or damage and expenses typical for the contract.
8.4. 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.
8.5. 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.
8.6. 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.
8.7. 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.
8.8. 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.
9. Duration and cancellation
9.1. The User and the Operator may terminate the operator and user relationship at any time in writing, without giving reasons.
9.2. Data previously entered by the User during the operator and user relationship shall continue to be stored after the end of the operator and user relationship, provided the User does not object to continued storage of data. In the event of an objection, the Operator shall immediately delete the stored data.
10. Final provisions
10.3. 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.