Terms of Use
We, Maschinenfabrik Berthold HERMLE AG, Industriestraße 8–12, 78559 Gosheim, Germany (hereinafter “Hermle”), offer companies that wish to provide us with their products or services (herein-after “Suppliers”) the opportunity to contact us via our Supplier Application Portal (hereinafter the “Portal”). The following provisions apply exclusively to the use of the Portal; the validity of any terms and conditions of the Supplier is hereby rejected.
- Registration
- Use of the Portal is subject to the creation of a profile and acceptance of these Terms of Use in the version valid at the time of each login.
- If the Supplier wishes to create a profile, they must provide us with the following information: the name and email address of the Supplier’s contact person, as well as (optionally) a phone number. We will then provide the Supplier with a unique access link for logging in to the Portal.
- The access link must be treated as strictly confidential. Disclosure to third parties is not permitted. We are not liable for the loss of the access link or for its misuse.
- We reserve the right to deny or revoke access to and use of the portal if there are legitimate interests involved.
- Purpose of the Portal; Provision of Data
- Registered Suppliers may submit an application via the Portal, in which case various Supplier data will be collected (in particular, company name, legal form, address, data on company size and revenue, certifications). The information provided must be accurate. We will treat the data provided to us confidentially.
- An application may be submitted for one or more predefined product groups. Depending on the selected product group(s), additional specific data may be collected.
- If the Supplier provides us with data via the Portal, this may only be done in accordance with applicable law. By providing the data, the Supplier declares that they are authorized to provide it to us in compliance with the law. Otherwise, the Supplier shall indemnify us against any third-party liability claims upon our first request, provided that and to the extent that the cause of any such claims lies within the Supplier’s sphere of control and organization. This shall not apply if the event giving rise to liability is based on grossly negligent or intentional conduct for which we are responsible.
- The Supplier may not provide us with data that is capable of damaging our systems or otherwise impairing the interests of our company. In particular, the Supplier shall not provide us with any data containing viruses, malware, or other malicious programs.
- The data provided to us will be used to process the application and will be stored by us as long as the possibility of a collaboration with the Supplier exists. To the extent necessary, the Supplier grants us a non-exclusive license to use the data provided to us by the Supplier for the purpose of processing the Supplier’s application. This also includes our right to disclose data to the extent necessary to our affiliated companies or to service providers, and to collect data for statistical purposes. The use of personal data provided to us is described in our Privacy Policy.
- Liability
- We do not make any legally binding statements via our portal. We do not make any commitments regarding the portal’s availability at all times, its continued operation, and/or compliance with specific response times. If the Supplier detects disruptions or malfunctions of the portal that could potentially cause disadvantages, they shall inform us immediately so that we can take appropriate countermeasures.
- If the Supplier culpably violates these Terms of Use, they shall be liable to us for damages. The Supplier is also obligated to indemnify us, as well as our representatives, employees, contractual partners, or affiliated companies affected by the breach of duty, against any claims or losses (including reasonable attorneys’ fees) asserted by a third party based on the Supplier’s breach of duty.
- Governing Law; Jurisdiction
Use of the Portal is governed exclusively by German law, excluding the rules of German law of conflicts. By using the Portal, the Supplier agrees that any disputes arising between the Supplier and us in this context shall be heard exclusively by the court having jurisdiction over our registered office.
- Other Agreements
Any agreements we have made or may make in the future with the Supplier outside the scope of these Terms of Use (e.g., delivery terms) remain unaffected by the content of these Terms of Use.