General Terms and Conditions for the Use of pl24connect

General Terms and Conditions (hereinafter referred to as „T&C“) of LexCom Informationssysteme GmbH (hereinafter referred to as „LexCom“; refer to the Imprint for more contact and company information), Rüdesheimer Straße 23, 80686 München, for the product „pl24connect“.

Version: March 2016

§ 1 Scope of Application

  1. The user accepts these T&C by clicking on a button during the registration process as part of the installation procedure of pl24connect on a Windows server and work station dedicated to this purpose. During this procedure, the user has the option to print and save these T&C in an executable form.
  2. The Terms and Conditions set out below shall apply to all contracts between users of pl24connect and LexCom relating to the use of pl24connect. Users of pl24connect are exclusively entrepreneurs (§ 14 German Civil Code).
  3. Any deviating, contrary or supplementary T&C shall not become an integral part of the contract unless their validity has been expressly agreed to in writing.

§ 2 Scope of Services

  1. pl24connect, as an independent software module, offers a supplement to the order processing within the use of the service “partslink24”.
  2. pl24connect is designed for processing orders as well as exchanging data between partslink24 and the DMS (Dealer Management System) of the user. Thereby, functions such as the transmission of quotation requests, purchase orders, stock-/price information and catalog data between partslink24 and the DMS as well as the sending of illustration-text-pages are enabled. pl24connect includes the following components:
    1. “COMbox” is the core component for realizing the data exchange.
    2. The pl24connect interface allows the management and processing of incoming quotation requests and purchase orders from partslink24.
    3. The „Messenger“ serves for the visual notification in case of incoming new offer requests or purchase orders as well as technical problems of COMbox.
  3. pl24connect provides the user only with the way of communication described in § 2.2. The business relationship that arises when an order is placed on partslink24 is between the buyer and user. This relationship is outside of LexCom's sphere of responsibility.
  4. The user can control at any time which data should be exchanged with the DMS. Particularly the transfer of stocks and price information (if supported) can be switched on or off at any time.
  5. LexCom aims at granting a 24 hour availability of pl24connect which cannot be guaranteed, however. The scheduled time of maintenance is on Sundays from 6 am to 4 pm.
  6. The permission of use of pl24connect is only granted to dealers who are granted access to pl24connect by LexCom or to dealers who are otherwise granted a temporary use by LexCom for testing purposes. Usage is limited to the period of time defined in the Service Agreement for partslink24.

§ 3 Obligations of Users of pl24connect

  1. The user of pl24connect undertakes during the time of use:
    1. to have authorized personnel (IT support) perform the installation of software defined by LexCom according to the installation manual and to establish and provide at own costs a proper and permanent internet connection;
    2. to regularly check the internet connection as an automatic transfer of orders is only possible if the connection is working.
  2. LexCom recommends the user a 24/7 operation of the Windows server on which pl24connect is installed. Whenever the server is not operated, a number of functions such as stock enquiry are not available.

§ 4 Registration

  1. For a correct function of pl24connect, the user has to be registered as user of partslink24. Furthermore, access data will be created/configured during the setup process of pl24connect.
  2. The user has to keep his access data confidential and cannot make them available to third parties. At no time will the user be asked via email or phone to provide his access data.
  3. In case the user violates his obligations due to the Service Agreement (see §§3 and 4 in particular) or uses pl24connect for unlawful purposes, LexCom reserves the right to immediately withdraw and cancel the access of the user.

§ 5 Data Protection and Security

Any and all personal data collected from the user are handled in compliance with the German data security legislation. LexCom is committed to the data privacy statement available at www.lexcom.de/privacy.

§ 6 Prices and Conditions for pl24connect

  1. The prices for using pl24connect can be found on the current order form.
  2. In case a dealer has lost his status as authorized dealer or as contract service provider of a vehicle manufacturer, his Service Agreement for pl24connect can be terminated by LexCom upon withdrawal of this.

§ 7 Limitation of Liability

  1. LexCom shall be liable to the user without limitation in case of intent or gross negligence for any damage caused by LexCom or its legal representatives or persons employed in performing obligations.
  2. As to ordinary negligence, LexCom shall be liable without limitation in case of injury to life, limb or health. In all other respects, LexCom shall only be liable insofar as the company should have violated an essential contractual duty. Liability in such cases shall be limited to the foreseeable typically occurring damage. Total liability in such cases shall be limited within one and the same contractual year to the amount of the prices paid in the same contractual year.
  3. Liability pursuant to the provisions of the product liability legislation shall remain unaffected.

§ 8 General Provisions / Legal Venue / Applicable Law

  1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance for all mutual services and payments under the contract shall be Munich, Germany.
  3. The present T&C are published in German language and in various other languages. In case of doubt, the German version shall be authoritative for the interpretation of the T&C.
  4. LexCom reserves the right to amend these T&C at any time and without having to state any reasons for such amendments. The user will be made aware of any amendment by means of an electronic message sent to the e-mail address specified. Should the user not object to the amendment within a period of four weeks after receipt of the message, the amended clauses shall be deemed accepted.