Terms of Use for the "Used Machinery Platform" (hereinafter referred to as the "Platform") (hereinafter referred to as the "Terms of Use")

The subject of these Terms of Use is the Platform provided by Liebherr-IT Services GmbH (hereinafter referred to as "LIS" or "We"), which enables suppliers and parties interested in used machinery - from mobile excavators to tower cranes, or (used) attachments/parts for machines (hereinafter referred to as the "Products") - to enter into contact with one another.

1. Scope of application

The following Terms of Use shall apply to all visitors to the website http://used.Liebherr.com (hereinafter referred to as the "Interested Party" or "Interested Parties"). The company responsible for the Platform is Liebherr-IT Services GmbH, St. Vitus 1, 88457 Kirchdorf an der Iller, Germany, represented by the Managing Directors Uwe Rechtsteiner and Hermann Mang.

2. "Platform" Offer

1. On the Platform, the Interested Party - without having to register beforehand - is able to find Products put on offer without obligation by suppliers (hereinafter the "Offer" or "Offers") and to send the respective suppliers an enquiry regarding an Offer via the Platform.
2. The Interested Party can send an enquiry to the supplier using the contact data contained in the respective Offer or via the contact form.
3. If contact is made using the contact form, LIS will transmit the enquiry of the Interested Party to the respective supplier.
4. LIS shall neither have rights nor be obligated as a result of a contract concluded between the Interested Party and a supplier for Products offered on the Platform.
5. LIS shall not provide any warranty that the information provided on the Platform by suppliers is complete and accurate. Responsibility for individual Offers and their content shall lie with the respective supplier.
6. LIS is neither an intermediary nor a buyer/Interested Party nor a seller/supplier, nor a representative of the buyer/Interested Party or the seller/supplier. LIS solely provides the Platform and has no influence over the content of the Offers.

3. Liability

1. An Interested Party shall not be entitled to bring claims for damages unless specified otherwise in the Data Protection Statement or in these Terms of Use. Limitation of liability shall also apply for the benefit of legal representatives and vicarious agents of LIS, should an Interested Party assert claims against the former.
2. Claims for damages which result from an intentional or a grossly negligent breach of obligations by LIS, a legal representative or vicarious agent shall be excluded from the limitation of liability. A slightly negligent breach of essential contractual obligations shall also be excluded from this limitation of liability.
3. Any statutory no-fault liability, including in particular liability under German Product Liability Law, as well as liability for loss of life, personal injury or damage to health suffered by an Interested Party as a result of negligence shall not be affected by the aforementioned limitation of liability.

4. Availability

1. There shall be no entitlement to uninterrupted use of the Platform. No warranty shall be given that access to or use of the Platform shall not be interrupted or impaired by maintenance work, further developments or otherwise by malfunctions which may also lead to loss of data. LIS shall endeavour to ensure that the Platform can be used without interruption. However, temporary restrictions or interruptions may arise due to technical malfunctions (such as interruption of the power supply, hardware and software faults and technical problems in data transmission).
2. LIS shall be entitled at any time and at their own discretion to discontinue operation of the Platform without observing any period of notice and without making any prior announcement.

5. Copyrights, product identification rights and other intellectual property

Content accessible via the Platform (texts, data, images, logos, graphics, documentation, sound, video and other pictorial representations) shall be subject to copyright and other legislation on protection of intellectual property. The content shall not - either in full or in part - be reproduced, distributed, stored in other media (e.g. other websites) or altered without the express prior consent of the relevant copyright holder.

6. Data Protection

Protecting and securing personal data of Interested Parties is very important for us. All the information about this can be found here.

7. Amendments to the Terms of Use

1. LIS reserves the right to amend the Terms of Use at any time without stating a reason.

8. Final provisions

1. The usage agreement - as well as these Terms of Use and their interpretation - shall be governed exclusively by the law of the Federal Republic of Germany. The provisions of German or European private international law or the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. If the Interested Party is an entrepreneur in the sense of § 14 BGB (German Civil Code) or if the Interested Party has no permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract shall be the registered office of LIS. Under such circumstances, the place of performance for all rights and obligations arising under the usage agreement shall be the registered office of LIS.
3. Should any individual provisions of these Terms of Use be or become invalid and/or unenforceable, this shall not affect the validity of the remaining provisions. Any invalid and/or unenforceable provisions shall be replaced by way of supplementary contractual interpretation by such valid and enforceable provisions that are most suited to the achievement of the desired economic purpose, taking account of the interests of both parties. The same shall apply mutatis mutandis for the filling of any gaps in these Terms of Use.

Last updated: May 2020