These General Terms and Conditions for the Use of the Website “Bühler ReNew” set out the terms on which Bühler AG (hereinafter “Bühler”) offers Registered Users (as defined below) access to and use of the Website “Bühler ReNew” (hereinafter “Website”) that supports trade and services in used Bühler equipment (hereinafter “Products”).
The Website helps Bühler, its affiliates and Registered Users (as defined below) facilitate the sale of the Products and the provision of services in relation to the Products. Bühler acts merely as a technical service provider of the Website. Any sales contract for Products listed on the Website is solely between buyer and seller, and, unless Bühler is the seller or buyer of the Product, Bühler is not a party to nor assumes any responsibility arising out of or in connection with such sales contract. In the event that Bühler or any of its affiliates acts as the buyer or seller of a Product listed on the Website, or provides services in relation to such Product, the General Terms and Conditions of Bühler and/or its affiliates shall apply.
2. Registration of Users and Account
Bühler provides access to the Website to registered users (“Registered Users”). In order to register to the Website, users must provide to Bühler their name, e-mail address, telephone number, company name, company address and a password.
The creation of a user account is permitted only to professional users and individuals acting in a professional capacity which have reached the age of eighteen (18). The creation of a user account is not permitted to consumers.
By registering to the Website, user warrants that the registration information (and any notification of change of such information) is accurate, current and complete. Registered User is obliged to notify Bühler of any changes to the registration information immediately. User further warrants that the company it represents: (a) is duly organized and existing under the laws of the country under which the company is registered; (b) is creditworthy; and (c) has not been involved in any government investigation in relation to bribery, money laundering and/or breach of export controls (hereinafter “Offenses”), and that any of its principal officers, directors or shareholders have never been charged with any of the Offenses.
Registrations are not transferable and may not be used by anyone other than the Registered User. Registered Users are solely responsible for maintaining the confidentiality of their account and password, and shall inform Bühler immediately if the account is being, or likely to be used in an unauthorised manner.
Bühler reserves the right to reject any registration for any reason in its sole discretion. Furthermore, Bühler may terminate the account at any time with immediate effect if Registered User is in breach of any of its warranties, representations and obligations hereunder. Registered User may terminate its account at any time by giving notice to Bühler.
3. Use of Website
Registered Users may list Products on the Website, subject to the prior review and approval of the listing by Bühler. In order to list a Product on the Website, Registered Users must provide to Bühler the following information: Product name, Product description, Product pictures, indicative price, availability and location of the Product.
By listing a Product, Registered User warrants that the listing is accurate, current and complete and is not misleading or otherwise deceptive. Registered User is obliged to notify Bühler of any changes to the Product information immediately. Registered User further warrants that: (a) it is the true owner of the Product or is authorised to sell the Product and able to transfer title to the Product free from any third party claims, liens or encumbrances; (b) the sale of the Product is not in breach of any applicable law; and (c) the Product listed on the Website meets the quality and safety requirements implied on the Website.
Bühler reserves the right to reject any listing for any reason in its sole discretion. Furthermore, Bühler retains the right to remove or edit any content or remove any Product from the Website if Registered User is in breach of any of its warranties, representations and obligations hereunder, or if a third party has objected to any such listing. Registered User may request Bühler to remove a Product listed by Registered User at any time by giving notice to Bühler.
4. Online Requests
The Products are presented on the Website as follows: (i) “AS-IS” which means that Bühler has not inspected the Product nor confirmed the Product description as provided by Registered User, and does not guarantee the availability of this Product; (ii) “Bühler Inspected” which means that a Bühler representative has physically inspected the Product and can confirm the accuracy of the Product description as provided by Registered User, but Bühler does not guarantee the availability of this Product; or (iii) “Bühler Overhauled” which means that Bühler owns and has overhauled the Product and guarantees the Product description and availability as listed on the Website.
The presentation of a Product on the Website, including the listed price, does not represent a binding offer. By clicking the button “Request Quote”, buyer may request a binding purchase offer for a Product from the seller. Any sales contract for a Product listed on the Website is solely between buyer and seller, and, unless Bühler is the seller or buyer of the Product, Bühler is not a party to nor assumes any responsibility arising out of or in connection with such sales contract. In the event that Bühler or any of its affiliates acts as the buyer or seller of a Product listed on the Website, the General Terms and Conditions of Bühler and/or its affiliates shall apply.
In addition and as required, buyer may request services for a Product from Bühler, including, but not limited to, Product inspection, refurbishment, up-gradation, installation and commissioning, logistics including export/import procedures, certification, and training (hereinafter “Services”). Bühler will determine the Service requirements for the Products listed on the Website in its sole discretion. In the event that any Services are required for a Product in relation to the sale of such Product, the Services will be provided by Bühler and/or its affiliates subject to the General Terms and Conditions of Bühler and/or its affiliates.
5. Intellectual Property and License Granted
Bühler is the owner of the Website and all content included in or made available through the Website, subject to the rights held by third parties. Registered Users are not permitted to extract and/or reutilise any parts of the content of the Website, or create and/or publish their own Website that features substantial parts of the Website. Bühler grants Registered Users a limited, non-exclusive and non-transferable license to access and use the Website, subject to these General Terms and Conditions.
Registered User grants to Bühler and any of its affiliates a perpetual, non-exclusive, worldwide, royalty-free and irrevocable license to edit, duplicate, disseminate, archive and otherwise use any material or Product information provided to Bühler (excluding any of Registered Users’ logos, trademarks or similar branding).
6. No Warranties
Except as expressly stated in these General Terms and Conditions, the Website is provided on an “as-is” basis. Bühler makes no representations or warranties of any kind, express or implied, including without limitation, the warranty of: (a) merchantability, fitness for a particular purpose or non-infringement; (b) uninterrupted, timely, secure and error-free availability, accessibility and operation of the Website; (c) accuracy, correctness, timeliness, reliability, and completeness of the information included in the Website; (d) existence, quality, safety and legality of the Products listed on the Website; and (e) performance of buyers and sellers and compliance with their obligations under the respective sales contract. To the extent permitted under applicable law, Bühler disclaims any and all such warranties.
7. Limitation of Liability
To be extent permitted by law, Bühler will not be liable for any direct or indirect damages (including, without limitation, loss of profits or loss of data), arising out of or in connection with (i) the access to and use of the Website, and (ii) the performance of buyers and sellers and compliance with their obligations under the respective sales contract. In the event that a dispute arises between one or more Registered Users, each Registered User release Bühler from any claims or actual or potential damages of any kind and nature, arising out of or in connection with such disputes.
Registered User agrees to indemnify and hold Bühler (including all its affiliates, employees, contractors and agents) harmless against any and all claims, damages, liabilities, losses, costs and expenses (collectively, the “Claims”) to the extent arising out of (i) the breach by the Registered User of any of its warranties, representations and obligations, or (ii) the gross negligence or willful misconduct of Registered User, except to the extent that such Claims were caused by the warranties, representations and obligations, or gross negligence or willful misconduct of Bühler.
9. Jurisdiction/Applicable law
The place of jurisdiction for all disputes arising out of or in connection with the use of the Website shall be exclusively CH-9240 Uzwil. The applicable law shall be exclusively substantive Swiss law.