1. Area of application, purpose, access
1.3 The registration of a User is
carried out by Jungheinrich. Jungheinrich appoints an administrator for the
User who is the contact person for Jungheinrich and has the option to authorize
additional employees of the User to use the Portal. The administrator may only
create login data for employees of the User. The administrator may only create login data for employees of the User.
1.4 The User gains access to the services offered by the Portal by entering their login data. The login data is personal and may not be disclosed to third parties. The User shall oblige their employees to maintain confidentiality.
1.5 The User shall inform Jungheinrich immediately if a) their access data is used without authorization or if it there is evidence that a third party has become aware of the access data and b) when employees with access authorization leave the User's company or for other reasons are no longer authorized to use the system.
1.6 The access of a User to the Portal must be deleted immediately when the employee leaves the company of the User's company or for other reasons is no longer authorized to use the Portal.
2. Scope of service, blocking
2.1 The Portal
enables the User to direct an enquiry or order to the Contractor. The User may compose their order independently by forming carts
within the Portal. The Portal also provides the opportunity to browse the Jungheinrich
spare parts catalogues.
2.2 By using the Portal, the User agrees that its
data shall be transmitted via email or interface to the Contractor, accompanied
by any other added content.
2.3 Due to the nature of the Internet and
computer programs, Jungheinrich shall not be responsible for the continuous
2.4 Jungheinrich shall be entitled to block the
User's access to the Portal at any time, should the User breach their duties
shall not require the payment of a fee for the use of the Portal. However, the partner shall bear any costs it incurs for the use of
the Portal such as their own Internet access or the appropriate hardware and software.
2.6 Jungheinrich shall be entitled to adjust the
operation of the Portal, either wholly or in part, at any time. Jungheinrich shall also be entitled to make changes or improvements to the Portal at any
maintenance shall be undertaken on the Portal at irregular intervals. Users
shall be informed about maintenance and any restrictions on use
in good time.
3. Copyright, granting rights of use
The following copyright notice applies
to all content and works of the Portal: © Jungheinrich Aktiengesellschaft,
Hamburg (Deutschland) 2016. All rights reserved. Text, images, graphics, sounds,
animations and videos and their layout in the Portal are protected by copyright
and other protective legislation.
identification and logos depicted in the Portal are legally protected
trademarks and may not
be published or used in any other way without the prior consent of Jungheinrich
AG or its licensors. All other trademarks and brand names named within the
Portal and, if applicable, protected by third parties are subject without
restriction to the respectively applicable labelling law and the ownership
rights of each registered owner. Simply naming them expressly shall not indicate that such brands or trade marks are not protected by third party rights.
intellectual property contained in the Portal and the associated existing
intellectual property rights or registrations such as patents,
utility models, designs and copyrights are protected.
AG shall grant the User a non-exclusive, non-sublicensable, non-transferable right
to use the rights, including trademark, copyright and other intellectual
property rights, necessary for contractual use of the Portal in accordance with
and to the extent that this is agreed or, if there is no agreement, that it
corresponds to the purpose of the provision and transfer of the Portal by
3.5 The User
shall grant Jungheinrich or the Contractor all the necessary rights of use for
transmitted by it to the extent necessary for the fulfilment of the request.
This shall apply in particular for the onward transfer of queries and orders to
the relevant after sales service.
4. Obligations of the user
When using the Portal, the User may not
- behave contrary
to accepted principles of morality;
industrial property rights and copyright or other ownership rights, in particular
it may not add any content to its queries and orders
which violates the rights of third parties;
- attach content to
its queries and orders which contains viruses, so-called Trojan horses or other programs which may damage software;
- transmit, store
or upload hyperlinks or content to which the User is not entitled, in
particular in cases where such hyperlinks or content are in
breach of confidentiality obligations or are unlawful; or
advertising or unsolicited e-mails (known as 'spam') or false alerts about
viruses, malfunctions and similar or invite people to take part
in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions.
Unless otherwise specified in separate agreements, the
User shall treat the information obtained via the Portal in the strictest
confidence and shall not disclose it to third parties. It shall oblige its
employees to maintain the same confidentiality.
6. Warranty, other liability of Jungheinrich
6.1 Insofar as
Jungheinrich supplies the Portal free of charge, Jungheinrich shall be liable
to defects in quality and title of the Portal only for intent and gross
negligence, where the liability of Jungheinrich for damages is limited in this
respect to intent or bad faith.
addition, any liability of Jungheinrich – including for consequential damages –
shall be excluded
insofar as Jungheinrich is not liable as per the German Product Liability Act,
due to intent, gross negligence, the endangerment of life, body or health, due
to acceptance of a quality warranty, due to fraudulent nondisclosure of a
defect or due to breach of essential contractual obligations. 'Essential
contractual obligations' are those obligations, the fulfilment of which
facilitates the proper execution of the contract and on which the customer
regularly trusts and may trust. Damages for breach of essential contractual obligations
are however limited to foreseeable damage typical to the contract, insofar as there
is no intent or gross negligence.
7. Data protection
The personal data relating to participation shall be
processed and used by operators for purposes serving the implementation of the program.
Jungheinrich shall comply with the requirements of the applicable data protection law. Use of the Portal
shall therefore require the User to consent to the associated data protection declaration prior to use.
The data protection declaration can be accessed at http://www.parts.jungheinrich.de at any time.
the Jungheinrich data protection declaration.
8. Technical access requirements
The User shall undertake to create the conditions
required in order to be able to use the Portal. In order to ensure the proper functioning of the Portal,
the User must have compatible devices and the required software. It is
recommended that the most up-to-date version of the required software be used.
Regular updating of the devices may also be necessary. Internet access is also
required to use the Portal.
9. Termination of the contract
The User and Jungheinrich may terminate
the contractual relationship in writing at any time without notice.
reserves the right to discontinue the Portal at any time and to terminate the user
agreements. The same shall apply in the event that the Portal is replaced by
Should this be the case, the User shall have the right to terminate the
relationship as per section 9.1.
Jungheinrich shall reserve the right at
does not put the User at a disadvantage contrary to good faith. Claims for
damages by the User against Jungheinrich stemming from any legal amendments are
deemed approved if a User does not object
within two months of notification in writing. Jungheinrich is obliged to draw attention
to this consequence on notification. Should a User object to the amendment or
addition, then their use of the Portal may be terminated in accordance with
11. Notifications and declarations
A purchase agreement in accordance with the terms
agreed separately between the Contractor and
the User comes about when the User places an order via
the Portal and the Contractor electronically confirms this order.
12. Export controls
The goods and services (contract fulfilment) are
subject to the proviso that the fulfilment is not prevented by any impediments arising out of national
or international regulations, in particular export control regulations as well as embargoes or
other restrictions. The parties to the contract shall undertake to provide all
the information and documents required for the export/transport/import. Delays
due to export inspections or approval procedures shall suspend deadlines and
delivery times. Should the required approvals not be granted, the contract
shall not be concluded with respect to the affected parts; claims for damages
shall be excluded in this respect and because of the aforementioned deadline
13. Law, jurisdiction
of the United Nations Convention on Contracts for the International Sale of
place of jurisdiction is Hamburg.
agreements must be made in writing.
Issue: May 2020