General Terms and Conditions for the IndustryArena Used Machinery Market

Operator: IndustryArena GmbH, Katzbergstraße 3, 40764 Langenfeld
The range of services of IndustryArena Used Machinery Market addresses entrepreneurs only. With application for registration the applicant declares himself to act as entrepreneur.
  • §1 Subject of the General Terms and Conditions
    • (1) The Used Machinery Market is a platform for exchange of information about suppliers and potential buyers of used machines. The operator of the Used Machinery Market is IndustryArena GmbH ("operator"). The operator is neither intermediary, nor broker nor dealer for advertised items, but provides users with functions for advertisements only.
    • (2) These General Terms and Conditions (T&C) provide the contractual relationship between the operator and the user of the online-service www.industryarena.com/usedmachines. Deviating terms of the user are not valid, if the operator has not agreed explicitly.
  • §2 Scope of the General Terms and Conditions, Conclusion of Contract
    • (1) These T&C shall apply to all services of Used Machinery Market, irrespective of whether gratuitous or against payment, and whether subject to registration or not. The user accepts these General Terms and Conditions by making use of such services.
    • (2) A contract about services of the Used Machinery Market subject to registration between a user and the operator is concluded by an application for registration by the user and acceptance of this application by confirmation of registration by the operator. The acknowledgment of receipt of an application for registration is not an acceptance of the application.
  • §3 Subject of the Used Machinery Market
    • (1) The Used Machinery Market makes it possible for users to advertise offers and requests for used machines on their own responsibility. The potential buyers can research advertisement and contact the advertiser. The Used Machinery Market will be only provided in the Internet within its operational availability.
    • (2) The operator publishes offers and requests of the users in the internet and facilitates the approach of potential buyers to the advertiser via E-Mail. The offers and requests are generally not binding and without obligation. The operator will not provide further services for preparation or conclusion of the contract for a machine, especially neither review of offers or requests nor advice for the advertisers or the potential buyers.
    • (3) The operator provides the user with an input screen for advertisement about offers and requests of used machines, completed advertisements will be activated and are retrievable over the internet within the operational availability of the Used Machinery Market. The users can add, change and delete advertisements in the database of the operator on their own. The user himself is solely responsible for the contents and the design of his advertisements, also towards the operator.
    • (4) Incoming requests concerning advertisements will be forwarded to the advertiser only by E-Mail or can be viewed by him via internet. The user agrees to receive requests and notifications by the operator via E-Mail.
    • (5) The operator is authorized, but not obliged to prepare data specified by users in advertisements and to publish them in the internet in other platforms like e.g. Twitter, Facebook, etc. To this, parts of the advertisements can automatically be translated in German, as far as they are not available in the advertisement in German. The user agrees with the automatic translation of his advertisements for foreign-language websites. The liability of the operator for mistakes of automatic translations is excluded, except for malice and gross negligence of the operator.
    • (6) The operator reserves the right to modify, to replenish or to delete parts of the web pages or the entire offer without advance notice or to stop the publication temporarily or permanently. In case of services against payment the operator will announce substantial restrictions with an adequate period of notice and will then refund advance payments in adequate amount. No. 5.1 remains unaffected.
    • (7) Trademarks and protected designations contained in the internet-offer of the operator remain with their respective owner.
  • §4 Duties of the Users
    • (1) Each user is responsible for the contents of his advertisement and the accuracy of his details and incurs liability therefore. The advertiser is obliged towards the operator also not to infringe rights of third parties and to comply with applicable law. This also applies for references to further information of the user or third parties.
    • (2) The user is obliged to declare his full name and address in the "contact information". Anonymous advertisements are illegitimate and can also be deleted immediately.
    • (3) The advertiser is obliged to declare a valid mail-address and agrees with the use of this mail-address by the operator especially for the notification about advertisements and the performance of the contract. Communication from and to the specified e-mail address will be attributed to the user.
    • (4) The user's account is protected by a password chosen by him. The user is responsible for the selection of a sufficiently safe password, its modification in a suitable period of time as well as its safeguarding against unauthorized notice. Actions under the use of his password will be attributed to the user. The liability of the operator therefore is excluded, except as far as fault is to be attributed to him.
    • (5) For offers of machines only a registration of specific offers with a comprehensive description including technical data of the machines is permitted. For one offered machine an advertisement may be placed for one category or subcategory of machine offers only. Especially general promotions like "all sorts of XY machines" are not allowed to be advertised. The advertiser is obliged to immediately delete his advertisement for an offer or a request on his own, if the advertised machine is no longer offered or requested.
    • (6) The user will examine an advertisement for a request or an offer after its creation for correct display in the Used Machinery Market and modify it immediately if necessary. The advertisement has to be deactivated by the user as a first step, until the modification occurred. If the user suspects a malfunction of the Used Machinery Market as a reason for an inappropriate display of an advertisement, he informs the operator by E-Mail at usedmachines@industryarena.com without delay including the details of the basis for his assumption.
    • (7) The user will review the information of the Used Machinery Market before their use on his own responsibility. This information is generally non binding.
    • (8) Hereby the user exempts the operator from any claims of third parties based on or related to an unlawfulness of his advertisement and/or the violation of third party's rights. This also applies especially for data used by him (illustrations, documents, videos) and includes costs for legal defense of the operator, too.
    • (9) The user not claim for granting of rights of the operator's services, as long as they are not explicitly granted in the contract and in these T&C. The user will especially refrain from the use of his advertisement beyond the Used Machinery Market and from enabling third parties to do so. The processing und use of services of the operator requires the operator's prior written consent. The operator grants no rights to illustrations, sound recordings, video sequences, texts and other protectable objects of the operator or third parties. The duplication or making publicly available of these objects requires the operator's prior written consent.
    • (10) The operator can correct recognizable mistakes in advertisements by himself, but is not obliged to review or correct advertisements or any other information.
    • (11) The user bears the efforts and costs for and in the context with the registration and maintenance of advertisements.
  • §5 Deactivation and Removal of Advertisements
    • (1) The operator is entitled to refuse or delete gratuitous advertisements at his own discretion. The operator is also entitled to exclude individual advertisers from the Used Machinery Market, especially in case of violations of their duties. This applies also for advertisements and services against payment within legitimate interest of the operator, especially for violations against the user's duties, if necessary after a previous warning.
    • (2) The advertiser is able to delete advertisements with his password on his own. He is obliged to immediately delete an advertisement for an offer or a request, if the advertised machine is no longer offered or requested. The operator grants this possibility after the expiration of the contract for an appropriate time, in principle not longer than for two weeks.
  • §6 Contract Period
    • (1) For advertisements against payment the user enters in the online-booking form a desired tariff starting with the booking. The user is able to use the function for advertisements for the entire contract period after paying the remuneration. The contract term is extended automatically at the end of each specified timeframe, unless a cancellation has been submitted.
    • (2) The operator reserves the right to stop his services without prior notice for gratuitous advertisements and services. A claim of publication does not exist for those advertisements.
    • (3) The user will delete his advertisements without delay after the expiration of the contract period.
  • §7 Remuneration
    • (1) The use of the functions for the search for requests and offers in the database of the advertisements is for free.
    • (2) The use of the functions of advertisements for requests is for free.
    • (3) The use of the functions of advertisements for offers is chargeable. The amount of the remuneration is defined in the then current price list of the operator at conclusion or extension of the use, which is available on the website of Used Machinery Market. The fee results in principle from the period the use and allows the number of advertisements for offers indicated in the price list.
  • §8 Warranty and Liability
    • (1) The operator does not examine information of the users for their content. The operator assumes no warranty for actuality, accuracy, completeness or quality of the information. Liability of the operator is excluded for information originating from users.
    • (2) The operator is not liable for a failed display of advertisements or delivery of requests towards potential buyers, except for malice and gross negligence. The same applies towards users placing advertisements for requests.
    • (3) Towards users who place advertisements for offers the operator is liable only in case of violation of obligations which enable a correct performance of the contract at all and on fulfillment of which the user may regularly rely ("substantial contractual obligation"). In case of slight negligence violation of a substantial contractual obligation the liability of the operator is limited to the typical and foreseeable damage.
    • (4) The Used Machinery Market is only available in the internet within its operational availability. Especially an uninterrupted or unrestricted availability can not be warranted. The user does not have any rights because of insignificant limitations compared to the usual operational availability.
    • (5) The operator is not liable for indirect or consequential damages, except as far as the operator is attributable of malice and gross negligence for those damages.
    • (6) The operator is only liable for references (links) to contents of users or third parties, if he was aware of these contents and if the prevention of the use was technically possible and appropriate for him. For references of users or third parties on these contents the operator is only liable, if he knew about their unlawfulness.
  • §9 Modifications of the General Terms and Conditions
    • The operator can modify these General Terms and Conditions at equitable discretion under appropriate consideration of the users' interests. He will announce such modification two weeks in advance by publication of the modified General Terms and Conditions on his website. The operator will inform users of services subject to registration about the modified General Terms and Conditions with the next login and ask for consent, otherwise he will inform about the modification by E-Mail two weeks in advance and will especially point out the consequences of an omitted objection. The user may within two weeks object such modification in written form and terminate the contract ahead of time in written form effective at the date of taking effect of the modification.
  • §10 Place of Performance and Place of Jurisdiction
    • (1) Place of performance for the services and obligations of operator and user is the operator's place of residence.
    • (2) For all disputes originating from and in context with this contract and these T&C the place of jurisdiction is the user's place of residence. Mandatory places of jurisdiction remain unaffected.
  • §11 Miscellaneous
    • (1) For this contract and these T&C the law of the Federal Republic of Germany governing domestic transactions shall apply.
    • (2) Oral subsidiary agreements do not exist. Modifications and amendments of this contract and these T&C require the written form to be valid. This also applies for a modification or an annulment of the requirement of the written form.
    • (3) Should individual terms of these T&C be or become ineffective, the rest of the T&C remains unaffected. The ineffective term shall be replaced by an effective regulation, which comes as close as possible to the economical spirit and purpose of the invalid term. This applies analogously to gaps of these T&C.
    • (4) The interpretation of these T&C shall be governed by German law and its interpretation of the wording and terms used herein. In case of doubt, the German translation of the wording shall prevail.
Langenfeld, 09.11.2010