Terms of use for the Liebherr Used Equipment Marketplace for various product segments (hereinafter "Application")

(hereinafter "Terms of Use")

The subject of these Terms of Use is the application provided by Liebherr-EMtec GmbH (hereinafter "Liebherr" or "we"), which enables users (hereinafter "you" or "User") to access offers for used machines, equipment and accessories (hereinafter collectively referred to as "Machine"). In addition, registered and authorised Users in accordance with section 3 can create offers for used Machines (hereinafter "Offers") and use other contents of the Application, such as networking and communication with other Users

1. Scope of Application

The following Terms of use apply to the use of the Application by a User. The provider of the Application is Liebherr-EMtec GmbH, Liebherrstraße 12, 88457 Kirchdorf an der Iller, represented by its managing directors Rainer Abheiden, Klemens Ströbele, Eugen Schobesberger and Joachim Strobel.

2. Offer of the Application

2.1 Offer for non-registered and authorised Users The application offers Users who are not registered and authorised in accordance with section 3 the opportunity to search for and view offers and to contact the seller via a contact form. The user can also use the Application to find out about news on used Machines.

2.2 Offer for registered and authorised Users in accordance with section 3 In addition to the services mentioned in section 2.1, registered and authorised Users have various machine management services at their disposal.

In particular, the Application offers registered and authorised Users the opportunity to create their own listings in the Application and thus make them visible to other users of the Application. Registered and authorised Users also have the opportunity to network digitally with other Users and, in particular, to communicate by sending messages. Among other things, they have the opportunity to build networks with other organisations. They can also establish connections with Users of their own or networked organisations. Registered and authorised Users can also share their own posts such as news, images, their own location or links with other connected Users within existing networks via a newsfeed. Furthermore, registered and authorised Users can be informed about contacts and news from other Users via the Application itself or via email notification.

Each User is solely responsible for the legality of the creation, uploading, maintenance and deletion of his or her own offers and contributions to digital networking and communication (hereinafter collectively referred to as "Third-party User content"). Liebherr accepts no responsibility for the Third-party User content. Liebherr accepts no liability for the completeness and accuracy of the Third-party User content entered and/or displayed in the Application or on the linked websites.

Registered and authorised Users also have the option of analysing data on their own stock of used Machines and information on the sale of used Machines using specific KPIs in a dashboard.

The Application is intended for professional Users of Liebherr machines. The use of the Application, in particular the use of the product information, does not replace the reading of an operating or service manual. Repairs, maintenance and service work etc. on Liebherr machines may only be carried out by specialist personnel trained and authorised by Liebherr.

3. Conditions of use

To use the functions of the Application for unauthorised and registered Users without Third-party User content, it is not necessary to log in to the Application.

In order for a User to be able to use the Application with functions for authorised and registered Users, the User's organisation must be invited by the provider. This gives the User's organisation the opportunity to invite the User and other Users from their own organisation. Furthermore, registration via an existing Liebherr account with Liebherr-IT Services GmbH is then required [https://login.liebherr.com/Account/Login]. When using the Application with functions for authorised and registered Users for the first time, an attempt is made to establish a connection to a Liebherr account and the authorisation of the requesting Liebherr account holder is checked. Upon successful registration and verification of authorisation, the Liebherr account holder will be activated for the functions for authorised and registered Users. The User agreement begins with the opening of the Application and runs for an indefinite period. Liebherr shall be entitled to refuse to activate the functions for authorised and registered Users without giving reasons.

4. Termination of the Terms of use

Both you and Liebherr may terminate these Terms of use at any time without notice by giving ordinary notice. In the event of termination, the authorisation to use the Third-party User content shall be blocked. In addition, both parties reserve the right to extraordinary termination for good cause. Cancellations must be made in writing, i.e. at least by e-mail. The cancellation must be sent to used.marketplace@liebherr.com

5. Liability / indemnity

5.1 Claims for damages by the User are excluded unless otherwise provided for in the data protection and terms of use. The limitation of liability shall also apply in favour of legal representatives and vicarious agents of Liebherr and its affiliated companies if the User asserts claims against them.

5.2 Excluded from the limitation of liability are claims for damages resulting from an intentional or grossly negligent breach of duty by Liebherr, a legal representative or vicarious agent. Also excluded from this limitation of liability is the at least slightly negligent breach of material contractual obligations.

5.3 Statutory strict liability, in particular liability under the Product Liability Act, as well as liability for culpable injury to life, limb or health of a User shall remain unaffected by the above limitation of liability.

6. Availability

There is no entitlement to uninterrupted use of the Application. There is no guarantee that access to or use of the Application or individual functions of the Application will not be interrupted or impaired by maintenance work, further developments or other disruptions. We endeavour to ensure that the Application can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines). We reserve the right to change or temporarily or permanently discontinue individual functions of the Application or the Application istelf any time and without giving reasons.

7. Copyrights, labelling rights and other intellectual property

The content accessible via the Application (texts, data, images, logos, graphics, documentation, audio, video and other images) are subject to copyright and other laws for the protection of intellectual property. The content may not be reproduced, distributed, stored in other media (e.g. other websites) or modified in whole or in part without the express prior consent of Liebherr.

The User warrants that it holds the necessary rights of use to the Third-party User content. The User grants Liebherr a non-exclusive, revocable right of use to the Third-party User content that is unlimited in terms of territory, time and content. The revocation shall be exercised by deleting individual Third-party User content or Third-party User content in whole in the Application. The User shall indemnify Liebherr and all companies affiliated with Liebherr within the meaning of Section 15 of the German Stock Corporation Act (AktG) against all claims asserted by third parties in connection with the User's Third-party User content.

8. Data protection

The protection and security of your personal data is very important to us. All information on the processing of your data in connection with the use of the Application can be found in the privacy policy of the Application.

9. Amendment of the Terms of use

We reserve the right to change the Terms of use at any time without giving reasons. Liebherr will inform you at least 30 days before the amended Terms of use come into force. If you object within 30 days before the amended Terms of use come into force, the authorisation to use the extended functions of the Application will be deleted, meaning that further use of the extended functions of the Application will not be possible in this case. The objection should be sent to: used.marketplace@liebherr.com.

10. final provisions

10.1 The User Agreement and these Terms of use and their interpretation shall be governed exclusively by the law of the Federal Republic of Germany. The Application of German or European private international law and the UN Convention on Contracts for the International Sale of Goods is excluded.

10.2 If the User is an entrepreneur within the meaning of § 14 BGB or if the User has no permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising out of or in connection with this contract shall be the registered office of Liebherr. Subject to the same conditions, the place of fulfilment for all rights and obligations arising from the contract of use shall also be Liebherr's registered office.

10.3 If individual provisions of these Terms of use are or become invalid and/or unenforceable, the validity of the remaining provisions shall remain unaffected. Invalid and/or unenforceable provisions shall be replaced by way of supplementary interpretation of the contract by those valid and enforceable provisions which, taking into account the interests of both parties, are most suitable for achieving the desired economic purpose. The same applies to the filling of gaps in these Terms of use.

Status: February 2024