General Conditions of Use for the Website Schaeffler eCommerce Industrial
This Website is operated by Schaeffler Group USA Inc. (”Schaeffler”). Schaeffler is registered to do business in the United States of America and has a principal place of business at 308 Springhill Farm Road, Fort Mill, South Carolina, 29715.If you have questions or comments relating to these Conditions of Use, please contact us at:
Schaeffler Group USA, Inc.
308 Springhill Farm Road
Fort Mill, South Carolina 29715
Phone number: +1 803-548-8500
By using our site, you (“User”) confirm that you accept these Conditions of Use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
These Conditions of Use refer to the following additional terms, which also apply to your use of our site:
If you purchase goods from our site, our General Conditions of Sale and Delivery, see link in the footer of the website, will apply to the sales.
Schaeffler may amend these terms from time to time. Every time Users wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Users of the Website hereby undertake and represent that the use of the Schaeffler Website takes place in the exercising of its business, trade or profession and that the User doesn’t use the Schaeffler Website as a consumer.
2. Contents of the Schaeffler Website
The content on the Website as well as related documentation and software is provided for general information only. It is not intended to amount to advice on which a User should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although Schaeffler makes reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Schaeffler may at any time in whole or in part block the Schaeffler Website or change the contents without any prior notice. Because of the basis of the nature of the Internet and computer systems Schaeffler accepts no liability in relation to the uninterrupted availability of the Schaeffler Website.
3. Rights of Use
The use of the information, software and documentation available on the Schaeffler Website shall be subject to these Conditions of Use or in the case of the updating of information, software and documentation shall be subject to the applicable license conditions already agreed with Schaeffler. Any license conditions separately agreed upon shall prevail over these Conditions.
Schaeffler is the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Schaeffler grants the User the right to print off one copy, and download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
Users must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. In case the license conditions of open source software have priority over these Conditions and require Schaeffler to make the source code available, such source code shall be made available in exchange for reimbursement of expenses.
Neither information, software nor documentation may be distributed, rented or in any other way made available by the User to third parties at any time. Insofar as no binding legal regulations require to the contrary, the user may not change, reverse develop or reverse translate the software or its documentation or remove any part therefrom.
The information, software and documentation are protected by copyright laws as well as s well as other applicable laws related to intellectual property. The User shall observe such laws and in particular any alphanumerical identification, marks or copyright notices shall not be removed from the information, software or documentation or from any copies thereof.
Any provision of applicable copyright law regarding the protection of any software shall not otherwise be affected hereby.
4. Intellectual Property
Notwithstanding the particular requirements in section 4 of these Conditions of Use any information, trademark names and other contents of the Schaeffler Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Schaeffler.
Except for the right of use and other rights expressly granted herein, the User shall be granted no further rights of any type whatsoever, in particular those to the company name or to intellectual property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
The Schaeffler Website is protected by way of a password. Access to the website is only possible for registered users after invitation by Schaeffler. There shall be no right to be registered by Schaeffler. In particular Schaeffler reserves the right to make Web pages previously freely accessible subject to registration. Schaeffler may at any time revoke a right of access by blocking the access data without providing any reasons therefore, in particular when the user
- has provided false details for registration,
- has breached the Conditions of Use or its duties of care in relation to the treatment of access data,
- has breached applicable law in accessing or using the Schaeffler Website or
- has been an inactive user of the Schaeffler Website for a period of at least 24 months.
In the event that registration is permitted the user shall provide accurate and correct details and must advise Schaeffler immediately of any changes. The User shall therefore ensure that the information it has provided together with all contact data held by Schaeffler and used in the ordering process is up to date so that it receives all e-mails and Order Confirmations sent to it at the e-mail addresses provided.
The User shall receive a user name and password (user data) by Schaeffler or customer’s central Admin due to permission of Schaeffler. At the time of first access the user shall change the password provided by Schaeffler or central Admin into a secure password. The user data allows the user to access its own data, to change such data and, if necessary, to extend or revoke agreements to data processing.
User Data shall be treated as confidential information by the User. The User shall ensure that the user data is not shared or made available to third parties. The User shall be liable for all orders and other activities taken in relation to the user data. After each occasion of use the area protected by password must be exited by the User. Insofar as the User becomes aware that any third party has access to its user data, the User shall immediately notify Schaeffler of such in writing. After receipt of such notification Schaeffler may block the access to the area protected by password for that user data. The lifting of any blocking is only possible after a special application by the User to Schaeffler or after a further registration.
The User may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case Schaeffler shall erase all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Such links should not be interpreted as approval by Schaeffler of those linked websites or information you may obtain from them Schaeffler does not accept any responsibility for the contents of such websites nor does Schaeffler make the contents of such websites its own as Schaeffler cannot control any information connected by a third party link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the User.
7. Exclusion of Liability
Schaeffler does not exclude or limit in any way our liability to a User where it would be unlawful to do so. This includes liability for death or personal injury caused by Schaeffler’s negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our General Conditions of Sale and Delivery, see in the footer of the website.
SCHAEFFLER HEREBY excludes all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
Schaeffler will not be liable to a user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, Schaeffler will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
The information contained on the Schaeffler Website may include specifications or general descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.
Schaeffler shall endeavour to keep the Schaeffler Website free from all viruses, however Schaeffler cannot give any assurance as to a virus-free environment. Before downloading any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the Schaeffler Website use suitable security measures and virus scanners. The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
A reversal of the burden of proof shall not be assumed by any of the above provisions.
8. Obligations of Use
The User undertakes and represents that it shall not in regard to the Schaeffler Website:
- cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
- act against good morals by its method of use;
- violate industrial property rights or copyright or other property rights;
- transmit any contents with viruses or so-called “Trojan Horses” or other programming which could damage software;
- provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malware or similar or request persons to participate in gambling, games, chain letters, pyramid schemes or any other similar actions.
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Schaeffler may harm Schaeffler or users of the Website or expose them to liability.
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Schaeffler may block access to the Schaeffler Website at any time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The exporting of certain information, software and documentation may e.g. on the basis of their nature or use or end destination, be subject to authorization. In regard to such information, software and documentation the user shall strictly observe the applicable export regulations, and in particular those of the EU and the EU member states as well as the United States of America. Insofar as such is necessary, Schaeffler shall label information, software and documentation in terms of its duty to obtain a permit according to German and EU Export List as well as the US Commerce Control List.
The user shall in particular check and ensure that
- the information, software and documentation made available are not intended for any arms-related, nuclear or weapon-related technical use.;
- no companies and persons contained in the US Denied Persons List (DPL) are delivered with goods originating from the US, or software or technology from the US;
- no companies and persons listed in the US Warning List, US Entity List or US Specially Designated Nationals List are delivered without applicable permission with US originating products;
- no companies or persons listed are supplied which are on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the Terrorist List of the EU;
- no military consignees are supplied;
- the early-warning systems of the respective authorities are observed.
Upon request Schaeffler shall provide the user with the relevant contacts for further information.
10. Protection of Personal Data
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.
The place of jurisdiction is the registered seat of Schaeffler (UK) Ltd.
The individual pages of the Schaeffler Website are operated by and are the responsibility of Schaeffler. These pages comply with the applicable requirements of the United States of America. Schaeffler accepts no responsibility for the possibility that information, software and/or documentation in the Schaeffler Website may be called up or downloaded in places outside of the respective country. If users from countries outside of the respective country use the Schaeffler Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the Schaeffler Website in countries in which access is unlawful is not allowed. In such case and in case the user would like to come into commercial contact with Schaeffler, the user should contact the Schaeffler representatives in the respective country.
Any claim relating to this Website, and the use of this Website and the materials contained herein is governed by the laws of the State of South Carolina, United States, without regard to conflict of law principles. User also agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Fort Mill County, South Carolina, with respect to such matters.