The following terms of use apply to the MRO-Tracker and PRO-Tracker products provided by b2b-aero.com GmbH (b2b).
Preamble
b2b operates an Internet database with information and data for the subcontracted parts within the aviation industry. The system is providing status information on individual purchase orders such as PO-data, shipping info, scrap, exchanged S/N, new P/N, etc. b2b shall make online access to the data in the above mentioned database available to the customer by HTTPS over the Internet on a payment basis. By "customer" within the meaning of these Conditions is meant the party which applied for allocation of a database ID, that party having been accepted as a customer and allocated a corresponding ID. The database shall be used solely on the basis of these Conditions of Use.
1. Obligations
(1) The customer is entitled to search the MRO-Tracker and retrieve data. The customer shall be given a Customer User-Name and a Password.
(2) The data base is available 7 days a week, 24 hours a day. b2b is entitled to carry out maintenance work on the server and database if necessary. b2b shall keep any resulting disruption to data retrieval to a minimum.
(3) b2b is entitled to alter the scope of service and in particular to improve it. Changes concerning the interface between b2b and the customer will only be performed after approval by customer.
(4) b2b shall operate an e-mail hotline, available 7 days a week 24 hours a day.
2. Rights of Use
(1) All rights in the database, in particular rights of a copyright nature, lie solely with b2b.
(2) The customer shall use the data and information retrieved solely for its own use.
3. Terms of Payment
(1) Payment for the services used by the customer shall be according to the User Agreement concluded with the customer.
(2) Sums invoiced by b2b are due 20 days from date of invoice.
(3) Invoices will be issued by b2b regularly at the end of each calendar month. The customer will be sent an individual statement of use of the database.
(4) In case of payment default of more than 10 days by the customer, b2b is entitled to bar access to the database. This does not affect the right of termination of the contract.
(5) b2b reserves the right to change the prices in case of change to its own manufacturing or procurement conditions, wage increases or other business-related cost increases. b2b shall give the customer due notice of such changes. The changes shall be deemed approved unless the customer opposes them in writing or by e-mail received by b2b within two weeks of receipt of notice.
4. Warranty
(1) b2b warrants the possibility of access to the data base and the retrievability of the data stored there.
(2) b2b has compiled the database from third party data, taking the greatest possible care. b2b also endeavours to continually update and expand the data base. Nevertheless it is possible that some data may be incorrect, incomplete or not up to date. b2b gives no warranty in this respect, nor for the usability by the customer of the data retrieved.
(3) Warranty claims due to obvious defects or due to availability deficiencies are excluded unless notified by the customer within two weeks of supply of the service.
5. Liability
b2b will pay damages on any legal ground up to a maximum of 10,000.00 US$.
6. Secrecy
b2b and the customer shall ensure that unauthorised third parties do not come into possession of the Customer User Name or the starting and following Password or obtain unauthorised knowledge of the database contents.
7. Place of Jurisdiction and Law
(1) All legal relationships arising from these Conditions are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is b2b's registered office and thus Hamburg, Germany.
8. Written Form and Partial Nullity
(1) Amendments and additions to these Conditions shall be made in writing.
(2) Should any provision of these Conditions be or become inoperative, this shall not affect the effectiveness of the other provisions. Instead of the inoperative provisions a replacement provision shall apply that corresponds or at least comes close to the purpose of the provision, and is as close as possible to the parties' intent had they been aware of the inoperativeness in advance. The same applies in case of incompleteness of provisions.
