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General Business Terms and Conditions

www.machineseeker.com

§ 1 General Business Terms and Conditions

(1) The online service Machineseeker.com is operated by Thorsten Muschler GmbH (Operator).

(2) These General Business Terms and Conditions (GBT) regulate the legal relationship between the Operator and the user of the online service Machineseeker.com.

§ 2 Object of the online service

(1) The users can research for offers and requests for machines under Machineseeker.com and place advertisements for offers and requests for machines.

(2) The Operator publishes offers and requests of users in the Internet in order to bring together enquiry and subsequent bid for machines. Contracts which are a result of an offer or request published via Machineseeker.com shall be concluded and satisfied without the participation of the Operator.

(3) The Operator shall provide an input mask for advertisements of offers and requests for machines, activates the advertisements placed through the input mask and enables the advertisements to be called via the Internet for the period of time agreed with the user. The users can independently enter, change and delete their advertisements in the database of the Operator.

(4) The Operator tries, is however not obliged, to ensure that the advertisements can be called 24 hours a day. Incoming enquiries for advertisements are forwarded exclusively by e-mail to the advertiser or can be viewed in the Internet using the password chosen for the advertisement. The user hereby declares that he agrees to receive enquiries/messages per e-mail from the Operator.

(5) The Operator reserves the right to process the data for the advertisements entered by the users and to also publish this on other platforms in the Internet such as e.g. under www.maschinensucher.de, www.froogle.de etc. For this purpose parts of the advertisements will be translated mechanically in other languages. The user declares that he agrees that his advertisements may also be translated for foreign-language websites. The Operator assumes no liability for mistakes in the translation of advertisements into foreign languages.

(6) The Operator reserves the right to change, supplement, delete parts of the pages or the whole offer without announcement or to suspend publication temporarily or finally.

§ 3 Duties of the users

(1) Each user, who publishes an advertisement under Machineseeker.com (advertiser) is responsible and liable for the contents of his advertisement and the accuracy of the information stated therein. The advertiser undertakes not to infringe any rights of third parties and to observe applicable law.

(2) The advertiser undertakes to enter his name and address in the “contact information“. Anonymous advertisements will not be published and otherwise deleted again immediately.

(3) The advertiser undertakes to enter a valid e-mail address and declares that he agrees with the use of this e-mail address by the Operator for notification of enquiries for advertisements.

(4) The user agrees that his data are saved and used for performing the service and are used to the extent as necessary for business purposes such as for market research, marketing and advertising purposes.

(5) Merely the entry of advertisements for new and machines is permitted in the machine offers.

(6) The operator only accepts concrete machine offers in the database and only under the pre-requisite that a correct description with technical data of the machines is entered.

(7) Only one advertisement can be placed per machine offer. It is not permitted to enter the same machine in several (sub) categories.

(8) With the exception of the e-mail address according to Par. 3 above in the envisaged field the advertisements may not include any telephone, fax number, domain names and e-mail addresses. Otherwise the Operator will delete the advertisement and shall in future not publish any advertisements from the advertiser.

(9) The advertisements are protected by a password chosen by the advertiser. It cannot be excluded that third parties procure this password and change or delete advertisements against the will of the advertiser. A liability of the Operator is excluded in this respect.

(10) A maximum of 300 advertisements are permitted per user. Should a user wish to publish more than 300 advertisements, he must contact the Operator in advance.

(11) The advertiser undertakes to immediately and personally delete his offer or request from the database again if the advertised machine is no longer offered or requested.

(12) The user shall release the Operator from claims of third parties no matter what kind, which are based on the illegality of his advertisement and/or the infringement of rights of third parties. The advertiser shall also be liable if users suffer damages through documents entered by the advertiser. The obligation for release also covers the assumption of legal defence costs of the Operator such as e.g. court and lawyer’s fees.

(13) Claims of third parties to the Operator’s intellectual property are excluded. Neither individual nor entire advertisements may be published by third parties on other Internet sites or in other media. The further processing and use in media of all kinds is only permitted with the prior written consent of the Operator.

§ 4 Removal and deactivation of advertisements

(1) The Operator reserves the right to reject, change or delete advertisements without stating any reasons. The Operator also reserves the right to exclude individual advertisements permanently from the use of the online service. The advertiser is not entitled to assert a claim against the Operator for publication of advertisements.

(2) The user shall personally bear all the expenses incurred to him and in particular the costs from and in connection with the entry and maintenance of advertisements. This shall also apply if the Operator changes, deletes or rejects advertisements.

(3) The advertiser can delete his advertisements at all times by using the password chosen personally by him upon entry.

§ 5 Contractual term

(1) The advertisements have a term to be determined by the advertiser from one to a maximum of six months.

(2) After the term the advertisements shall automatically be deleted from the Operator’s database. The contractual relationship between the advertiser and Operator shall end when the advertisement is deleted.

§ 6 Remuneration

(1) The database search for offers and requests for machines is free of charge and free of commission.

§ 7 Liability

(1) The Operator is neither agent, broker nor dealer, but exclusively provides an advertisement database for providers and interested parties.

(2) The Operator assumes no warranty for actuality, accuracy, completeness or quality of the provided information. The Operator shall not examine the information published by advertisers for their contents. The Operator assumes no liability for the contents of the information provided by advertisers.

(3) The Operator assumes no liability for damages which are suffered because advertisements are not published, or are abridged or falsified.

(4) Claims against the Operator, that are based on damages of a tangible or intangible kind, which were caused through the use or non-use of the presented information or through the use of faulty and incomplete information, are excluded insofar as the Operator did not act with wilful intent or gross negligence.

(5) All information offers are without obligation and non-binding. The Operator shall not be liable for mistakes or omissions and reserves the right to make changes without announcement on Machineseeker.com. The Operator shall not assume any liability for the suitability of the product for sales or other purposes.

(6) The Operator shall not be liable for errors in the transmission of enquiries.

(7) The Operator shall not be liable for technical interferences in the operation of the Internet pages. The Operator shall in particular not be liable for ensuring that information is available without interruption and/or without faults.

(8) In case of links, for which the Operator is not the originator, the Operator shall only be liable if he is aware of the contents and it would have been technically possible and deemed reasonable for him to prevent the use in the event of illegal contents. The provider of the site, to which reference is made, not however the Operator within the meaning of these GBT, shall be solely liable for any contents beyond this and in particular for damages which are suffered from the use or non-use of information presented in such a manner. This restriction also applies equally for third party entries in database systems installed by the Operator.

(9) The Operator shall not be liable for contents of the websites of his official partners/advertising partners. The partners/advertising partners must personally ensure that the contents of their websites or the services and/or products which they offer, comply with applicable law. The Operator is not liable for litigation between users and partners/advertising partners.

(10) The Operator retains the copyright for published graphics, sound documents, video sequences, texts and other objects personally created by the Operator. A reproduction of such objects in other electronic or printed publications requires the express prior consent of the Operator.

(11) All brands and trade marks mentioned within the Operator’s Internet offer and if applicable protected by third parties are subject to the provisions of the respective valid trade mark law and the ownership rights of the respective registered owners without reservation. The conclusion cannot be drawn that no rights of third parties are protected solely based on the mention thereof.

(12) The dealers registered in the Operator’s dealer catalogue can have their advertisements entered under Maschinensucher.de displayed on their own Internet site through a link. The Operator shall not assume any liability for damages which are suffered because advertisements do not appear, or appear abridged or falsified.

§ 8 Privacy statement

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. Further information can be found under http://www.google.com/intl/en_uk/analytics/tos.html (Google Analytics Terms of Service & Privacy). Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).“

§ 9 Place of service

(1) The Operator’s service is provided in technical and legal terms in Essen , North Rhine Westphalia, Federal Republic of Germany. Place of service in the legal sense is therefore Essen . Every other place at which the Operator’s online service can also be called, shall not be taken into account for asserting claims.

(2) The Operator assumes no warranty for the fact that the advertisements comply with the legal regulations of the country in which the offers and data can be called.

§ 10 Amendments to the GBT

(1) Amendments to the GBT are announced through provision on the sites of the Operator.

(2) The amendments are deemed as accepted insofar as these are not objected to in writing within two weeks after announcement.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply exclusively to these GBT and to the legal relationships between Operator and user on the whole under the exclusion of the UN law on purchases.

(2) Essen in North Rhine Westphalia, Federal of Germany is agreed as exclusive place of jurisdiction for all disputes ensuing from and in connection with legal relationships between the Operator and user and its processing and in particular from and in connection with these GBT.

(3) Verbal collateral agreements do not exist. Amendments and addendums to this contractual relationship must be made in writing. This shall also apply for a change, supplement or revocation of the written form clause itself.

(4) Should individual provisions of these GBT be or become invalid, this shall have no effect on the validity of the GBT on the whole. The invalid provision shall be replaced by a valid provision which shall as far as possible satisfy the commercial intention of the invalid provision. The same shall apply for loopholes in these GBT.

Status: 04. July 2012



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