Terms and Conditions for Agroparts.com

1. Field of use

(1) LexCom Information Systems GmbH, Munich, ("LexCom") supports the Agroparts.com Internet Portal for the transfer of information, especially original spare parts information of agricultural machines from different manufacturers, as well as additional information from the field of agriculture.

By this LexCom also enables the user to transmit orders to a manufacturer of spare parts. For this LexCom uses the services of LexCom Information Systems Ltd. 2 Stinsford Road, Poole, Dorset BH17 0NF, England, represented by the managing director David Clayton. Orders can only be made by a separate registration and the permission of the manufacturers. Those manufacturers whose content is published in Agroparts, agree with these terms and conditions.

(2) These terms and conditions ("T&C") are valid for salesmen. If a non-salesman registers with Agroparts, he acknowledges and agrees to the present terms and conditions. For the business relations between LexCom and the user the following conditions are valid, provided that nothing else has been explicitly agreed upon. These conditions are also effective for all future business relations, even if they are not explicitly agreed upon.

(3) Verbal subsidiary arrangements should be confirmed in writing e.g. e-mail, fax, letter. Changes of the conditions, including this confirmation clause as well as the arrangement of delivery dates or deadlines which can be arranged to be binding or non-binding, require confirmation by Lexcom.

2. Registration

(1) The customers (called users in the following) who want to use the "Agroparts" Internet portal of LexCom, must register. There is no claim to be registered.

(2) In order to register, the registration form available online in agroparts.com must be filled in. The user ensures that the information he provides in the registration form is true. In addition the user is obliged to maintain his data true, accurate and current by entering changes of his registration data in Agroparts > Administration > Personal Data.

(3) Is the user registered by a representative, LexCom is entitled to demand a proof of the representation entitlement. LexCom defines the particulars of this entitlement of representation.

(4) The registration becomes effective when the customer confirms online his knowledge of these terms and conditions and his agreement to them. This takes place by sending the registration to LexCom.

(5) LexCom confirms the registration by sending a message to the user.

(6) LexCom reserves the right to terminate the registration and suspend the access of the user at anytime, without prior notice and without stating reasons, particularly due to false data in the registration or misuse of the Agroparts portal.

(7) The transmission of orders by dealers requires ongoing use through logging on to Partslink®. Therefore the special terms and conditions for the use of Partslink® are valid. See paragraph 2a.

(8) LexCom reserves the right to supplement missing, clearly wrong or incomplete information. The user undertakes to check his data after the first registration in the menu "Personal data".

2a. Registration / Authorization for the Use of the Partslink Online Ordering Function - Only for Dealers

(1) The registration / authorization for the use of the Partslink online ordering function is only intended for the commercial dealers or the garages of spare parts.

(2) Users who want to use the online ordering service within the "Agroparts" internet portal, must register in order to get identified and authorized. There is no claim on registration/authorization.

(3) For the registration the user must fill in the registration form under the menu item "Online Ordering". The user ensures that the information he provides in the registration form is true. In addition the user is obliged to maintain his data up to date by entering changes of his registration data in Agroparts > Administration > Personal Data.

(4) Is the user registered by a representative, LexCom is entitled to demand a proof of the representation entitlement. LexCom defines the particulars of this entitlement of representation.

(5) The use of online ordering is possible after the user has sent the registration form to Agroparts and has been identified by his manufacturer and authorized to use the system.

(6) LexCom confirms the authorization of the user by sending a message to the user. If the user is not entitled to order online, he receives the message of rejection directly from the manufacturer.

(7) LexCom reserves the right to terminate the registration and suspend the access of the user at anytime, without prior notice and without stating reasons, particularly due to false data in the registration or misuse of the Agroparts portal.

(8) LexCom reserves the right to supplement missing, clearly wrong or incomplete information. The user undertakes to check his data after the first registration in the menu "Personal data"

(9) By ordering, a lawful transaction is realized between the person placing an order and the person receiving this order only if the order, including prices, is confirmed by the manufacturer and unless other agreements between the two parties are not opposed to the above. LexCom and LexCom Information Systems Ltd (UK) are in this transaction only transmitters of information and are not obliged to any kind of service.

3. Password and User name

The user is responsible to protect his password from the illegitimate access of third parties. In addition the user assures that the use by third parties happens only with his authorization.

4. Data protection and security, misuse of information

(1) All of the personal data acquired for the user is handled as confidential. The data necessary for the business process is saved and within the required framework of processing the order, it is forwarded if necessary to related companies or suppliers, or to banks for settlement.

(2) If it becomes known to the user that there is a breach of security in any data or information saved in the Agroparts.com website or considers such a breach of security possible then the user should inform LexCom without delay.

(3) The user ensures that his input and disclosures do not violate the law or the rights of third parties and that they do not disadvantageously affect other data or the data management system of LexCom. Particularly it is forbidden for the user to offer or to inquire on such information and data that may violate criminal law or other legal regulations, or whose trade is forbidden or requires consent.

(4) All the data that the user transmits himself, as well as the data that is created by the spare parts search, messages and orders will be saved in a form that can be read by machines. This data is only saved and used for the processing of legal transactions as well as the operation of the Internet portal. This data will only be disclosed to a third party or be used outside Agroparts for advertisement purposes, if the written consent of the user has been obtained.

(5) LexCom is not obliged to delete the user data after the use of the portal.

(6) It is not allowed to reproduce, distribute, save in other media or change information, data, diagrams, specifications or documents. Printing and saving of single pages is only allowed for personal use.

5. Links to other Internet sites

The agroparts.com portal can contain links to other web sites. Please note that LexCom is not responsible for the data protection (or other) practices of other web sites. The above mentioned data protection principles are valid only for the Agroparts-Websites and information, which is gathered by LexCom for and through the Agroparts site. We recommend that you read the data protection statements and the regulations of use of every web site you visit and which collects personally identifiable information.

The linked sites are not under the control of LexCom and LexCom is not responsible for the contents of any linked site or any link contained in a linked site.

6. Disclosures and declarations

(1) Declarations of intent, will initially be made in Agroparts in electronic form. Users recognize the unlimited effectiveness of this way of transmission of declarations of intention according to the following regulations:

a) In an e-mail the usual details can not be suppressed or avoided through anonymity; this means that the name and the e-mail address of the sender, the moment of the sending (Date und time) as well as the reproduction of the name of the sender at the end of the message must be included. A mail, which is send within the framework of this regulation counts, subject to counter-evidence, as coming from the other partner.

b) Confidentiality is not guaranteed for unencoded data which is transmitted through the Internet. At the customers request an encoded process can be used (PGP).

c) All disclosures will be written in the English language.

(2) The user is obliged to inform himself regularly of messages sent to him ("Messages received" in menu "Administration").

7. Prices

(1) Information or services, which are chargeable will be made known to the user. Before the use, the user will be informed of the prices and charging conditions and he will be asked to confirm his acceptance of them.

(2) The payment for the services has to be made in advance by credit card (Visa, Euro/MasterCard) or by direct debit if the customer already has transactions with LexCom with direct debit

(3) The payment is made in advance. The user receives for the payment a receipt in electronic form.

(4) LexCom reserves the right to change charges and terms with 6 weeks notice. In this case the customer has the right to cancel, if he questions the changes within 4 weeks.

(5) If a deadline is defined with date and /or time then it is according to the system time of Agroparts.com

8. Guarantees and Liability

(1) For services and information given free of charge no guarantee or liability is accepted.

(2) The user acknowledges that software can not be totally free from error. The user accepts that LexCom is not responsible for the availability and quality of the manufacturer's data in Agroparts.

(3) The liability of LexCom for initial incapacity, delay and matters beyond LexCom control will be limited to the amount of the fee for use as well as to the typical contract and foreseeable damages.

(4) Furthermore LexCom is with no limitation only liable for purposeful intent and carelessness even of its authorized representatives and management. For responsibilities of other assistants LexCom is only liable to the extent of the liability for commencing inability according to paragraph 3.

(5) For less serious carelessness LexCom is only liable provided that a commitment is violated, whose maintenance is of great importance for achieving the aims of the contract. If a violation of a serious nature for the contract commitment takes place then the limited liability for commencing inability is valid according to paragraph 3.

(6) The liability of LexCom for the loss of data is limited to the usual reproduction costs, which would occur by the regular, corresponding to risk, making of security copies.

(7) The liability according to the product liability law remains untouched.

(8) LexCom does not guarantee the completeness, correctness and accuracy of the offered information. The price information for spare parts is non-binding price suggestions and prices can change without notice.

(9) Liability for consequential damage is excluded.

(10) LexCom is liable to the user for all damages arising due to LexCom not abiding by the terms and conditions.

(11) LexCom is not liable for damages due to defective data or data attacked by virus.

(12) When transmitting an order, LexCom is not liable for the credit worthiness of the person/company that orders the order.

9. General Regulations/ Venue/ Applicable Law

(1) The parties of this contract agree that the complete legal conditions of this contract relations and present as well as future contract relations after the fulfillment of this contract shall be construed in accordance with German law with the exclusion of the UN purchase law.

(2) Contractual language is German.

(3) It is agreed that the place of completion of all mutual services of the contract is the offices of the LexCom information systems GmbH Company, Munich.

(4) The venue of trial will only be agreed at the competent court of law in the place of completion, if the client businessman, legal person of the public law or public-legal fund is or has no general venue of trial in the Federal Republic of Germany.

(5)LexCom is not responsible for delays or incapacity to keep all or parts of the terms and conditions, if the delay or incapacity is beyond the control of LexCom.

(6) In the event that single regulations of these terms and conditions are or become invalid, the remaining terms and conditions will remain valid.

Munich, the 26.07.2007 Ste

	Home  >  T&C