1. Area of Application The following terms and conditions of eSourcing apply, if nothing else has been agreed upon in written form, to the use of the online platform and all orders of the customer of goods and / or services which are delivered to suppliers because of online tenders or online auctions. The following conditions are an extension to the client’s general purchasing terms and conditions. The general purchasing terms and conditions of the client have priority.
2. Written Form Oral supplements to agreements and other statements in connection with orders are only binding if they are confirmed in written form. In this Terms and Conditions eSourcing, if not clearly regulated differently, written form means that a document is provided with the name of the client and his personal signature or qualified electronic signature in accordance with the Digital Signature Act.
3. Tool of Identification and System Security In the case of voluntary acceptance of the registration of the supplier by the client, the supplier receives one or more user names and passwords from the client (along with the user name as a "tool of identification"). The execution of legal transactions and legal acts on this online platform is only possible by using the identification tools. When using the identification tool, the supplier is bound by such legal acts, unless the client is aware or grossly negligent unaware of an abusive use of the identification tool.
The supplier is responsible to protect the identification tools against abuse. He has to ensure that only persons that are legally effective authorized representatives are able to use the identification tools of this online platform. In particular, the supplier has to notify the client about any imminent and actual abuse of the identification tool without delay, as soon as he or she knows or suspects it. The supplier is required to report all incidents and developments derived from his or her control or knowledge without delay, if they are suitable to affect the process or the safety of the operation on the online platform of the client or its connected systems or those of third parties.
4. Data Processing If the supplier is a natural person, he agrees that his personal data is collected and processed to the extend required by the general purchasing activity and fulfillment of the contract. In all other respects, this is done according to the Data Protection Act or to the extent permitted by other legal regulations.
The required consent was given by the supplier with his registration at the online platform. Due to this consent, personal data and information with respect to orders or fulfillment of the contract are collected and processed.
This website uses Google Analytics, a web analysis service of the Google Inc Google Analytics uses so-called„ Cookies“, text files which are stored on your computer and which allows an analysis of the use of the website by you. The information generated by the Cookie about your use of this website (including your IP address) is transferred to a server by Google in the USA and is stored there. Google will use this information to evaluate your use of the website in order to put together a report about the website activities for the website operators and to produce linked services with the website use and the Internet use. Also Google will transfer this information if necessary to third parties, provided that this legally prescribed or as far as third parties process these data on behalf of Google. Google will associate in no circumstances your IP address with the other data which are stored by Google. They can prevent the installation of the Cookies by a suitable setting of your browsers software; we point out to you, nevertheless, to the fact that you cannot use all functions of this website in this case if necessary fully extensively. By the use of this website you agree with the treatment of the data upraised about you by Google in the before described way and for the before named purpose.
5. Terms and Conditions of Auction eSourcing The terms and conditions of auction apply for the use of this online e-sourcing platform by a bidder to participate in online auctions.
Participation in online auctions on this online platform is subject to prior approval by the client. There is no claim against the client for admission. The client has the right to refuse admission or cancel it without giving any reasons. With application for approval, the bidder declares that he accepts the terms of auction eSourcing. The bidder bears any expenses incurred by him arising from the application, registration, using this online platform, the establishment or change of its Internet connection, through the use of public communications networks as well as procurement and maintenance of the necessary hardware and software.
After sending the application for registration, the bidder has to announce all changes of data included in the application without undue delay. Each bidder must ensure that only legally effective authorized representatives have the possibility to participate in an online auction on his behalf.
Each bidder is required to report any all incidents and developments derived from his or her control or knowledge without delay, if they are suitable to affect the duly process of this online platform or the connected systems of the client or third parties or their safety.
The client doesn’t grant the bidder any copyright or other intellectual property rights, especially not at present, or future sites, or associated software, graphics, design, text, illustrations, documentation or manuals of the client or his assistants. Appropriate copyright, trademark and other rights of third parties that affected via access the website / software of the client or his assistants through links or otherwise affected remain to full extent in possession of respective companies and are protected accordingly.
It is forbidden to the bidder to use electronic devices, software or other measures that affect the function of this online platform and connected systems, systems of other bidders or systems of third parties that enable access to this online platform. In particular, the entry and use of viruses, Trojan horses and other programs that are capable to damage, surreptitiously intercept or delete data or systems, is prohibited. In case of violation of the above prohibitions by the bidder, the bidder indemnifies the client and his assistants from all claims asserted by third parties against the client or his assistants for this violation. The bidder also defrays all expenses of legal defense.
The client is liable for contractual and statutory legal bases in connection with the use of the online platform by the bidder - especially for own content, that the client provides to use - only for intent and gross negligence, unless the liability is based on a violation of the client’s cardinal obligations. In the latter case of the liability for simple negligence breaches of cardinal obligations, the client is liable only for direct loss. For third-party content, that the client provides to use, the client is only responsible if he has knowledge of such content and it is technically possible and reasonable to prevent their use. If the client only provides access to external content, the client is not responsible for this.
The online auctions carried out by the client are not auctions in the legal sense. Rather, the bids of the bidders illustrate an offer to the client. The client is free to decide whether and which offer is accepted. In general, however, the client chooses the offer that is most favorable for him. The bids delivered by a bidder during an online auction listings are legally binding. Each bidder is bound to his last offer until at least 30 days after the end of each online auction.
If a date or time is normative for legal transactions or acts, the time system of the online platform is applicable. Unless otherwise provided, in all other respects the current general terms and conditions of eSourcing and the general terms and conditions of purchase of the customer apply.