General Terms and Conditions & Safety Advice
General Terms and Conditions for Using the Portals
Preamble
ZwickRoell GmbH & Co. KG, August-Nagel-Straße 11, 89079 Ulm, Germany ("ZwickRoell"), operates the ZwickRoell customer portal ("Customer Portal") at the URL www.zwickroell.com/kundenportal and the ZwickRoell accessories catalog at the URL parts.zwickroell.com ("Accessories Catalog", together referred to as "the Portals"). The Portals are only accessible to registered existing customers of ZwickRoell ("User").
By registering to use the Portals, the User accepts the following General Terms and Conditions for Using the Portals ("Terms and Conditions of Use"). The User can view, print out and download these Terms and Conditions of Use at any time, even after contract conclusion using the "Terms and Conditions of Use" link that is accessible from each of the websites.
1. Registration, approval by ZwickRoell
1.1 Each interested party must register to use the Portals and must be approved by ZwickRoell. Before being approved by ZwickRoell, it must first be verified that the interested party is an existing customer of ZwickRoell. Whether or not an interested party is approved is entirely at the discretion of ZwickRoell.
Each interested party may only register once and consequently create only one user profile.
1.2 After registration and verification, ZwickRoell provides the User with a prepared account for the first login, which the User can activate using a chosen password. After activating the account, the User receives an opt-in email to verify his email address. Only then is the account ready for use. The User is obliged to keep his password secret. ZwickRoell urges the User never to disclose the password or pass it on to third parties. The User may change the password at any time under "My Profile".
1.3 The registration and profile of the User comprises the specification, in full, of: the name, address and email address of the User, as well as the company name, address, telephone number, email address and all other machine information of the company that the User represents ("Registration Data"). This data is entered by ZwickRoell during the verification process and can then be amended by the User himself in his user profile.
1.4 The User is obliged to notify ZwickRoell immediately of any and all changes to the Registration Data or to update it himself in his profile. ZwickRoell cannot vouch for the actual identity of a User or for the accuracy of the Registration Data as this cannot be established with certainty using technological means.
1.5 Upon conclusion of the registration process, the User shall submit a binding offer for the conclusion of the contract governing the use of the Portals. This offer is accepted by ZwickRoell with the approval of the User.
2. Customer Portal and Accessories Catalog
2.1 Customer Portal
2.1.1 The Customer Portal provides access to the ZwickRoell Group and product information, enables dialog with ZwickRoell, enables access to event information while also providing an overview of the products acquired from ZwickRoell and the associated documents, e.g. operating instructions and calibration certificates.
2.1.2 Following registration on the Customer Portal, the User obtains an overview of all the contents of the Customer Portal via the dashboard of his user profile. A Customer Portal profile can include machines and documents from several accounts. If this is the case a drop-down menu(?) appears in the profile bar, displaying all customer numbers. The content of the pages changes automatically depending on the account selected. Here, the company name, place and customer number are displayed to the customer as differentiation criteria.
2.1.3 The User also has the option to have direct access to the most important topics via the use of widgets. Imminent inspection/calibration deadlines are displayed to the User.
2.2 Accessories Catalog
The Accessories Catalog enables access to information on a selected ZwickRoell product portfolio, including price information and the ability to request an actionable quotation.
2.3 Use of the Portals is free of charge.
2.4 ZwickRoell shall endeavor to ensure that the Portals are constantly accessible, however 100% availability cannot be technically ensured. Therefore, maintenance, security or capacity requirements as well as events that are not within the sphere of influence of ZwickRoell, e.g. power outages, disruptions in public data networks etc., can lead to disruptions in or the temporary suspension of the Portals.
3. Responsibility of the User for posted content
3.1 ZwickRoell accepts no responsibility for the content, data and/or information on the User that is posted in the Portals, for its accuracy or fitness for use, nor for the content on external websites linked by Users.
3.2 ZwickRoell is entitled to monitor the registered profiles, for the purpose of ensuring that there is no abuse of the system. ZwickRoell may remove any unlawful content without prior notification.
3.3 The User can lodge a complaint at any time with ZwickRoell in the event of infringements of these Terms and Conditions of Use or the law. ZwickRoell shall review the complaint immediately and remedy the situation if required.
4. Obligations of the User
4.1 The User undertakes, when registering for and using the Portals,
a) to provide exclusively accurate and unambiguous personal and company-specific information,
b) to comply with all applicable laws and to respect the rights of third parties when using the Portals, and in particular not to use content protected under copyright law, trademark law, patent law, registered design or utility model law or any other law, without having the required authorization to do so, and not to promote, offer or distribute legally protected goods or services.
4.2 The User is not permitted to
a) use mechanisms, software or scripts in conjunction with the use of the Portals, unless these mechanisms, software or scripts have been developed and offered by ZwickRoell itself,
b) publicly disseminate or reproduce own or third-party content of the Portals,
c) deliberately impair the functionality of the Portals or excessively burden them.
5. Support
The customer can contact ZwickRoell at any time in the event of questions regarding the services of the Portals.
6. Changes to the Portals
ZwickRoell reserves the right to make changes to the Portals offered and to develop new portals or services, provided this is reasonably acceptable for Users.
7. Liability of ZwickRoell, indemnification by User
7.1 In the event of a negligent failure to fulfill a duty on the part of ZwickRoell, its employees and other vicarious agents, the User shall indemnify ZwickRoell, its employees and other vicarious agents, against all compensation claims – irrespective of the legal reason – if the infringement does not involve a duty which is of critical significance for achieving the purpose of the contract and on the fulfillment of which the User should be able to depend. If a liability exists in such cases, compensation claims should be limited to the typical foreseeable amount.
7.2 The above restrictions do not apply in the case of damages arising from injury to life, limb or health. Mandatory statutory liability regulations such as e.g. liability under product liability law, remain unaffected.
7.3 The User shall indemnify ZwickRoell from all claims, including compensation claims, which are brought by other users or other third parties against ZwickRoell due to an infringement of their rights attributable to the User, as a result of the content posted in the Portals by the User. This indemnification of ZwickRoell also encompasses those claims asserted by other users or other third parties against ZwickRoell due to the infringement of their rights caused by the use of the Portals by the User. The User shall assume all reasonable costs incurred by ZwickRoell in relation to an infringement of the rights of third parties, including the legal defense costs incurred by ZwickRoell. Further reaching rights and compensation claims of ZwickRoell remain unaffected.
8. Data Privacy
8.1 For ZwickRoell, compliance with data protection legislation is not only a statutory obligation, it is also a vital factor in terms of confidence. It is extremely important to ZwickRoell that all personal data submitted by users to ZwickRoell via the Portals is treated with the greatest sensitivity. ZwickRoell therefore respects all relevant statutory data protection regulations, in particular the General Data Protection Regulation and the German Data Protection Act.
8.2 The User consents to ZwickRoell using the User's Registration Data as well as the data created through the use of the Portals ("Usage Data") for contract performance and in-house purposes, e.g. the measurement of product performance, quality and usability, as well as for the development and introduction of new portals or services. In particular, the "Matomo" and "Google Analytics" services are used to evaluate usage behavior. The Data Privacy Statement provides further information on data processing at ZwickRoell.
9. Termination of the contract
9.1 The User can terminate the usage contract at any time with immediate effect without specifying the reason, directly in the customer portal under "My Profile". The contract can also be terminated as follows, specifying the email address registered in the Portals and the name of the User:
by letter: ZwickRoell GmbH & Co. KG, August-Nagel-Straße 11, 89079 Ulm, Germany
by fax: +49 7305-10-200
by e-mail: info@zwickroell.com
9.2 ZwickRoell is entitled to block a User with immediate effect, if the latter infringes his contractual duties, in particular those set out under sections 1 and 4 of these Terms and Conditions of Use, or applicable laws, or if he causes damage to or endangers third parties, including other users, via the Portals. Section 3.2 sentence 2 remains unaffected.
9.3 Notwithstanding section 9.2, ZwickRoell can pronounce a termination with immediate effect in the presence of the conditions mentioned therein. This also applies in the presence of another important reason.
10. Final provisions
10.1 Verbal ancillary agreements to these Terms and Conditions of Use do not exist.
10.2 ZwickRoell reserves the right to change these Terms and Conditions of Use at any time without stipulating reasons for this, unless this is unreasonable for the User. ZwickRoell shall inform the User of any changes to the Terms and Conditions of Use in good time. In this case, the User has the right to object to the validity of the new Terms and Conditions of Use within two (2) weeks of the issue of a relevant notification to the contact details specified in section 9.1; otherwise the changed Terms and Conditions of Use shall be deemed accepted by the User. ZwickRoell shall inform the User of his right to object and of the significance of the objection period in the notification. If the User objects, ZwickRoell can terminate the contract without adhering to a period of notice.
10.3 Unless otherwise agreed, the User can submit all declarations to ZwickRoell by e-mail using the contact form linked in the Customer Portal or can send this latter by fax or in writing to ZwickRoell. ZwickRoell can transmit declarations to the User by email or in writing to the address that the User provided as his current contact data in his user profile.
10.4 Should individual regulations of these Terms and Conditions of Use be or become invalid, this shall not affect the validity of the remaining regulations. An invalid regulation shall be replaced with a valid regulation that comes closest to fulfilling the economic purpose of the invalid regulation; the same shall apply to any contractual loopholes.
10.5 These Terms and Conditions of Use are governed by German law, excluding international private law. The place of fulfillment shall be the headquarters of ZwickRoell. The legal venue shall likewise be the headquarters of ZwickRoell, where legally permissible.
Safety Advice
The components selected by you from our online shop have not been tested with regard to the existing device and machine configuration and the tests to be carried out with them.
An individual assessment of the actual hazard situation on the testing machine cannot be carried out in the online shop.
It is assumed that the current conformity status of the machine is not influenced by the retrofit components.
Further advice on this point can be obtained from one of our sales representatives.