1. General information
1.1 These terms of use (hereinafter referred to as “Terms of Use”) govern the access to and use of the My PartsHub system (hereinafter referred to as "My PartsHub"). Via My PartsHub, Customers will have access to the online sales of Mercedes-Benz Trucks genuine (remanufactured) parts, TruckParts, Daimler Buses genuine (remanufactured) parts and Fuso genuine parts (hereinafter referred to as “Parts”) - to the extent applicable in the Customer’s respective country , which is provided via My PartsHub. The access for the Customers is limited to those Parts (Mercedes-Benz Trucks, TruckParts, Daimler Buses and/or Fuso) for which the respective Daimler Truck authorised partner is authorised in My PartsHub. My PartsHub gives Customers the opportunity to research Parts independently, as well as to view prices and availability of Parts and order them from their Daimler Truck authorised partner. In addition, My PartsHub offers Customers further advantages such as access to promotions of their Daimler Truck authorised partner.
1.2 The provider of My PartsHub is Daimler Truck UK Limited with registered office in Unit 2, G Park, Tongwell Street, Milton Keynes, MK15 0YS (hereinafter referred to as called "DT UK").
1.3 My PartsHub belongs to and is technically supported by Daimler Truck AG (hereinafter referred to as “DTAG”). Customers in this context are Business to Business independent entrepreneurs within the meaning of Sec. 14 of the German Civil Code (BGB) conducting commercial vehicle repair and maintenance services (such as individual service providers and fleet customers) (hereinafter referred to as "Customer"). My PartsHub is offered and intended exclusively for such commercial Customers. For the avoidance of doubt the use of My PartsHub by end-customers and consumers is expressly not permitted.
1.4 The option to make use of My PartsHub depends on its availability of My PartsHub in each country. To use My PartsHub, the Customer must apply for the User Management After Sales System (hereinafter referred to as “UMAS”) (see UMAS registration process in Sec. 2.2 hereunder). The application for UMAS is granted by DTAG via email confirming admission. In its application for admission, the Customer shall specify the Customer organisation and organisation address as well as the Customer administrator’s name and email address.
1.5 The agreement concluded between DT UK and the Customer on the basis of these Terms of Use shall be referred to as “Usage Agreement”. The Usage Agreement is concluded if the Customer accepts the Terms of Use in My PartsHub.
1.6 Additional users of a Customer organisation can solely be created by the Customer administrator. Only one administrator is permitted per Customer organisation. In addition, the Customers must belong to the authorised group of persons of the respective system (UMAS). Conditions for becoming an authorized user of My PartsHub are set out in Section 2.2 of these Terms of Use. The sole acceptance of these Terms of Use by the Customer does not establish a right by the Customer to the provision My PartsHub.
1.7 These Terms of Use shall apply exclusively for the Usage Agreement. Deviating, conflicting or supplementary terms of use of the Customer shall only become part of the Usage Agreement if and to the extent that DT UK has expressly agreed to their validity in writing.
1.8 The text of the Terms of Use is saved by DT UK after conclusion of the Usage Agreement and is accessible to the Customer in My PartsHub. The Customer can download and save these Terms of Use via My PartsHub. The English language is used for conclusion of the Usage Agreement. DT UK is subject to its own codes of conduct, which are available on Daimler Trucks’ website at the following Link: Our Code of Conduct: Doing the Right Thing | Daimler Truck.
2. Technical requirements, registration and accounts, use policy, license
2.1 In order to use My PartsHub, Customers need a standard PC/laptop and a browser compatible with modern web standards.
2.2 To use My PartsHub, a registration and account creation via the UMAS is required. For this registration and account creation, the terms of use and data protection information for UMAS apply. Once the Customer has created such an account and has received confirmation of it by DTAG via email, Customer is also an authorised user of My PartsHub. The use of My PartsHub, however, is subject to the Usage Agreement on the basis of these Terms of Use.
2.3 The Customer undertakes not to disclose their account data assigned to their organisation or their staff (e.g. his employees) to any unauthorised person (in particular anyone outside the Customer’s organisation). DT UKexcludes any liability for the misuse of user account ID and password in the Customer´s organisation.
2.4 DT UK reserves the right to block a Customer / a Customer’s user in the event of signs of improper use. A use shall be deemed improper in particular where a Customer uses My PartsHub or information provided therein outside the intended use purposes, uses the system for illegal purposes or purposes violating the rights of DT UK or third parties or uses My PartsHub in noncompliance with additional guidelines as provided for by DT UK. Accordingly, the Customer (warrants) that the details furnished by it to DT UK in particular in connection with its application for admission under Sec. 1.4 are true and complete. The Customer undertakes that it shall notify DT UK promptly of all future changes to the details provided by the Customer. The same shall apply with respect to all details the Customer furnishes when setting up further accounts for users of the Customers. Besides that, the Customer undertakes to ensure that the hardware and software employed by the Customer for the use of My PartsHub, including work-station computers, routers, data communication systems and so forth are free from any viruses, worms, Trojan horses, etc. With regard to any data uploaded by the Customer, the Customer undertakes to ensure that he is the holder of all rights in the uploaded data required for the upload and may dispose over the use, including that the uploaded data is not encumbered with third-party rights, which stand opposed to such a use.
2.5 Subject to Customer’s compliance with these Terms of Use, DT UK or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use My PartsHub for the purposes of the Usage Agreement. All rights not expressly granted to Customer in these Terms of Use are reserved and retained by DT X or its licensors. Customer may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of My PartsHub without DT UK’s express written consent.
3. Availability of the services
3.1 There may be interruptions in availability due to maintenance required for the website. Interruptions in availability may occur due to force majeure or other causes beyond the control of DT UK.
3.2 DT UK points out that 1) it is technically impossible to make My PartsHub available free of technical errors of any kind and that the DT UK therefore assumes no responsibility for the error-free functioning of My PartsHub, 2) technical errors can lead to temporary shutdown of My PartsHub, 3) the availability of My PartsHub is dependent on conditions and performance beyond the control of DT UK, such as transmission capacity and internet connection between the various parties involved. DT UK shall not be responsible for disruptions falling within this area.
4. Mandatory instructions for use for My PartsHub My PartsHub provides a service that allows the Customer to enable quicker location of Parts and technical information matching the respective end-customer vehicle. By accepting these Terms of Use, the Customer agrees to provide all relevant information and ensures that the Customer is entitled to use personal data of an end-customer in this context in accordance with applicable laws, especially with regard to the VIN of the end-customer vehicle, the vehicle registration number and the end-customer name, if applicable and such data being entered.
5. Further provisions for the use of My PartsHub
5.1 In order to purchase parts via My PartsHub from a Daimler Truck authorised partner, the Customer has to request a Daimler Truck authorised partner to be activated via My PartsHub. The customer can apply for activation by several Daimler Truck authorized partners via My PartsHub. The Customer has no entitlement to be activated by a Daimler Truck authorised partner. Afterwards, the Customer will be able to purchase Parts directly via My PartsHub from Daimler Truck authorised partners. Such a purchase will be based on separate general terms and conditions of the Daimler Truck authorised partner, which is the sole contracting partner of the Customer. Payment will be executed separately and be governed by the general terms and conditions of the Daimler Truck authorised partner. DT UK will not be part of this contract between the Daimler Truck authorized partner and the Customer.
5.2 The Customer can select Parts from the Daimler Truck authorized partners and collect them in a so-called shopping cart by clicking on the button "Add to cart".
5.3 The offering of Parts shall not constitute any legally binding offers e, but rather merely constitute an invitation to make an offer “. Where a Daimler Truck authorised partner and a Customer have not made any agreement to the contrary, by clicking the button “send order” Customer submits a binding offer to purchase the Parts and a contract shall be deemed formed at such time as the Daimler Truck authorised partners accept the offer of a Customer by forwarding an order acceptance. The order acceptance may either be sent by Daimler Truck authorised partner in electronic form or generated in My PartsHub itself on behalf of the Daimler Truck authorised partner. In this respect, DT UK only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, the Customer can change and view the data at any time.
5.4 If the Customer wishes to have an introduction to My PartsHub, these will be offered by Daimler Truck authorised partners. Alternatively, corresponding manuals for the system can be found on the platform.
5.5 When ordering Parts from the Daimler Truck authorised partner via My PartsHub, company data of the Daimler Truck authorizsed partner will be displayed in My PartsHub, as well as corresponding discount information from their Daimler Truck authorised partner. Also, the Daimler Truck authorised partner may provide other technical information regarding Parts on My PartsHub. DT UK is not responsible for any such information provided by the Daimler Truck authorised partner on My PartsHub. When ordering parts, Daimler Truck authorised partner will receive order details ((number of) ordered parts, order number) including company details (organisation name and address, user name, email, phone number) referring to the Customer and the relevant transaction. This information is used for online Parts ordering and further development of the system.
5.6 Further information regarding the processing of the Customers’ personal data which is forwarded to the Daimler Truck authorized partner in order to enable the purchase of parts, may be set out in the privacy policy or related terms of the respective Daimler Truck authorised partner.
5.7 DT UK and DTAG assume no liability whatsoever for missing or incorrect information such as, for example, on installation, prices and discounts. The availability of Parts shown is based on the information published at that moment in time and is not binding. A delivery period is not agreed.
6. Copyright and database rights
6.1 All content included in or provided by My PartsHub, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections are all subject to copyright and other intellectual property laws. They may not be copied, either for commercial purposes or for redistribution, nor may they be modified and used on other websites. Some material is subject to the copyright of those parties who have made such material available.
6.2 Customers may not systematically extract and/or reuse essential parts of My PartsHub without explicit written permission from DTAG. In particular, they may not use data mining, robots or similar data collection and extraction programs to extract any essential parts of My PartsHub for reuse (whether once or several times) without the explicit written permission of DTAG. Furthermore, Customers may not create and/or publish their own database containing essential parts of My PartsHub without the explicit written permission of DTAG.
7. Claims from intangible property rights DTAG respects the intangible property rights of third parties. If a Customer is of the opinion that its intangible property rights have been used in a way that gives cause to fear an infringement, he must report this infringement to DT UK / DTAG by informing his Daimler Truck authorised partner, who will then notify DT UK through the distribution channels, and DT UK will subsequently notify DTAG.
8. Liability
8.1 DT UK and the vicarious agents of DT UK are liable in case of intent and gross negligence, as well as for slight negligence in case of death or bodily injury.
8.2 Furthermore, DT UK’s liability is limited to the typical direct damage foreseeable at the time the contract is concluded. Insofar as the damage is covered by an insurance policy concluded the Customer for the damage in question (excluding total insurance), DT UK is only liable for direct loss of the Customer, e.g. higher insurance premiums or interest rate disadvantages, until the insurance is settled.
8.3 The liability of DT UK in accordance with the provisions of the German Product Liability Act and to the extent of a guarantee assumed by DT UK remains unaffected.
9. Changes to the Terms of Use
9.1 DT UK is entitled to change the functions of My PartsHub and shall notify Customer in written form (e.g. e-mail) at least one month prior to such change. If changes to My PartsHub should be objectively unreasonable against the background of the services owed by DT UK, the Customer has a right of extraordinary termination. The Customer is aware that My PartsHub is not necessary for the Customer to purchase Parts. The Customer is free to purchase Parts without using My PartsHub via different supply channels.
9.2 DT UK shall be entitled to amend these Terms of Use to the extent such a change is neutral or beneficial to Customers unilaterally at any time. Otherwise, DT UK shall notify Customer in written form at least six (6) weeks prior to such a change. If Customer does not object to such changes in written form within four (4) weeks after having received such a notification the proposed changes shall become binding upon the parties six (6) weeks after the notification. DT UK shall notify the Customer of the effect of not objecting to such changes together with such a notification. Customer shall have the right to object to such changes, therefore if the Customer objects, DT UK shall have the right to terminate the Customers use of My PartsHub contents affected by such a change for cause.
9.3 Section 10 shall remain unaffected hereof.
10. Term and Termination
10.1 The Usage Agreement commences on acceptance and continues until termination by either Part (written form suffices with regard to all terminations under this Section 10).
10.2 The Customer may terminate the Usage Agreement anytime with a notice period of four (4) weeks by which its right to use My PartsHub ends accordingly.
10.3 Either Party may immediately terminate the Usage Agreement for cause.
10.4 A termination for cause for DT UK shall in particular be possible in case of discontinuation of the main license deriving from DTAG to provide My PartsHub or in case the Customer’s status as an Authorised User is revoked. DT UK rights to provide My PartsHub to the Customer derive from an agreement between DTAG and DT UK. DT UK may therefore terminate the Usage Agreement for cause if its own rights to provide My PartsHub are terminated / not continued by DTAG.
11. Place of jurisdiction and applicable law
11.1Disputes arising from these Terms of Use shall be governed exclusively by the laws of England and Wales
11.2The Courts of England and Wales will have exclusive jurisdiction for any disputes arising with these Terms of Use..
12. Final provisions
12.1In the event of a violation of these Terms of Use, DT UK is further entitled to exercise its rights at every opportunity in which the Customer violates these Terms of Use.
12.2If any provision of these Terms of Use is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
12.3Should this case occur, the parties shall replace such provision by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.
13. Embargo Clauses
13.1 In relation to any products supplied by Daimler Truck AG (DT) as well as any software, technology, technical services or repair services related to such products (the “Products”), the buyer shall, and shall procure its affiliates, agencies, shareholders, directors, employees, any entity or individual acting on behalf of or jointly with the buyer, strictly comply with the export control and sanctions laws, in particular those of the European Union (the EU), the UK, Germany and the United States of America (the U.S., altogether: “Export Control and Sanction Laws”).
13.2 The foregoing includes the obligation not to export, re-export, sell, re-sell, or otherwise transfer or re-transfer, directly or indirectly, any goods, including software and technology, in whole, in part or in installed state, to a destination for an end-user or to a person subject to an EU or U.S. embargo, an embargo imposed by the Organization for Security and Cooperation in Europe (OSCE), the United Nations (UN) or other , UK, EU or U.S. sanctions and export control laws, where that act would be a breach of the terms of that embargo, the respective sanction regulations or export control laws. For the avoidance of doubt, such destinations, include Iran, Democratic Republic of Korea, Syria, Russian Federation, Belarus, and any Russian-occupied region of Ukraine, which are subject to change from time to time upon receipt of notice from DT.
13.3 The buyer shall undertake its best efforts to ensure that the purpose of paragraphs (13.1) and (13.2) are not frustrated by any third parties further down the commercial chain, including by possible resellers. To this end, they will set up appropriate monitoring measures.
13.4 Any violation of paragraphs (13.1), (13.2) or (13.3) shall constitute a material breach of this sales agreement. In this case DT reserves the right to corresponding legal actions and refrain from any further business with the buyer.