Terms of Use

The user must log in to the download portal before using the download portal. The user will receive a user name and password for this purpose. There is no entitlement to use the download portal and it cannot be claimed, demanded or otherwise enforced in any form. The user is obliged to keep his password secret and is not permitted to pass it on to third parties. The user is solely responsible for all actions carried out under his/her name. The download portal is aimed exclusively at our business partners and is therefore only used for business data exchange. Herth+Buss has the right, but not the obligation, to take the following measures against the user at its own discretion at any time and without giving reasons:

• Modification, suspension or interruption of the download portal
• Reject, move or remove any content available on the download portal.
• Establishing rules and restrictions for the use of the download portal

The user shall indemnify Herth+Buss against any claims by the user or third parties arising from the performance of a measure described above.

The download portal contains content created by Herth+Buss or by Herth+Buss business partners. All material made available on the download portal, in particular files, texts, photos, graphics, images, logos, sound and video clips, is the intellectual property of Herth+Buss and is protected by German and international trademark, copyright and database law. Any reproduction or redistribution in any medium in whole or in part requires the written consent of Herth+Buss.

The use of the download portal, in particular the download of data, is at your own risk. All downloads offered here are subject to a virus check. Nevertheless, Herth+Buss cannot accept any liability for damage, impairment, loss of data or other damage caused by computer viruses or other impairments, nor any liability for indirect damage or loss of profit. This also applies to damages caused by third parties in this context.

Claims for damages against Herth+Buss are excluded, regardless of the legal grounds, unless Herth+Buss, its legal representatives or vicarious agents have acted wilfully or with gross negligence. Herth+Buss shall only be liable for slight negligence if Herth+Buss, its legal representatives or executive employees or vicarious agents have breached a contractual obligation that is essential for achieving the purpose of the contract. The above limitation of liability does not apply to claims for damages resulting from injury to life, limb or health or the assumption of a guarantee of quality or fraudulent concealment of defects by Herth+Buss. Insofar as Herth+Buss is liable for slight negligence, the claim for damages shall be limited to the foreseeable damage typical for the contract. Claims for damages against Herth+Buss shall become time-barred 12 months after they arise, unless they are based on an unauthorised or intentional act. Insofar as the liability of Herth+Buss is excluded, this also applies to partners of Herth+Buss and companies affiliated with Herth+Buss as well as to the personal liability of employees, workers, representatives, shareholders and vicarious agents of Herth+Buss and/or partners and/or companies affiliated with Herth+Buss. Confidentiality and data protection. The user undertakes to treat all business and trade secrets or data and information designated as confidential as confidential and to keep them secret for an unlimited period of time. The user is hereby informed that Herth+Buss handles its data and information in accordance with ISO/IEC 27001.

German law shall apply to the exclusion of international private law (UN Convention on Contracts for the International Sale of Goods). The place of fulfilment and exclusive place of jurisdiction is, as far as legally permissible, the location of Herth+Buss.

Verbal collateral agreements do not exist. Amendments to the contractual conditions must be made in writing. This also applies to the cancellation or amendment of this written form clause. Should a provision of these Terms of Use be invalid, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by a provision that comes as close as possible to what the parties intended, taking into account economic considerations.