Registration

Please read and accept our terms of use at the end of this document to complete registration process:

TERMS OF USE
ELECTRONC DATA INTERCHANGE VIA DIEHL AVIATION – COMMUNICATION PORTAL
(hereinafter referred to as "DA-Portal")

These Terms of Use are valid for the participating allied companies of the Diehl Aviation group:

1. Diehl Aerospace GmbH (hereafter: "DAs"), Nußdorfer Str. 23, 88662 Überlingen
2. Diehl Aviation Laupheim GmbH, Am Flugplatz, 88471 Laupheim
3. Diehl Aviation Hamburg GmbH, Hein-Sass-Weg 41, 21129 Hamburg
4. Diehl Aviation Gilching GmbH, Friedrichshafener Str. 5, 82205 Gilching

In terms and provisions being valid for each of the named companies, these are referred to as "DA“.
The User approves these Terms of Use as the legal terms and provisions for the execution of the electronic data interchange in the DA-Portal when he applies for accreditation to the DA-Portal. The Partner cannot demand to use all services possible hereby. The DA-Portal is technically operated by DAs. In case of disputes related to the use of the DA-Portal the DA company concerned is allowed to sue or be sued directly.

 

1.Definitions

1.1Data as defined by these Terms of Use are those made accessible, sent and/or received in electronic form via the DA-Portal with the aim of simplifying correspondence between the Parties. Such data are, for instance, planning documentation, manuals, technical descriptions and the software used for operating the platform. The examples named are not exhaustive.

1.2The Party/Parties are the DA company granting access to the user and/or the user.

1.3User is any legal or natural person who acknowledges these Terms of Use and got from DA due to his registration the password for using the DA-Portal. For the data interchange the user appoints one or several Authorized Persons and provides their personal data as requested.

1.4Electronic transaction means the electronic transmission of technical and/or business data between the Parties' computers/computer networks.

1.5DA-Portal means the platform on which the data exchange between the Parties and/or access to files provided take place.

1.6Unauthorized Person means any person who is no User and who gets knowledge of and/or uses the data beyond the purpose of the contract.

 

2.Principles of Use

2.1The User obligates himself to abide by these Terms of Use. The participation in the common DA-Portal does not imply a contractual relationship between further DA companies and the User.

2.2These Terms of Use apply irrespective of the continuation of further current or future privities of contract between the parties and/or the participating DA companies.

2.3DA is entitled to delete the authorization of a User in case of disuse of the DA-Portal of more than 90 days. For readmission the registration procedure shall be repeated.

2.4These Terms of Use apply independently and in addition to individual contracts between the Parties and the General Conditions of Purchase and the quality requirements for suppliers to DA companies even without explicit reference hereto.

2.5Users get access to their activated areas. Such area may be valid for several users.

2.6The User obligates himself to commit Authorized Persons to abide by these Terms of Use.

 

3.Performance of the Electronic Data Interchange

3.1DA provides with this communication platform a specifiable and project-oriented data interchange medium which may be used by the Parties as from the activation of the connection. There is no commitment to use this platform.

3.2The Parties mutually oblige themselves to repair significant malfunctions in their particular responsibility by using all economically reasonable and available efforts. In case of such malfunctions of the transmission process the Parties mutually oblige themselves to disclose, if known, information about the cause and expected duration of the malfunction. The user shall provide this information in text form to GMB-A-DAS-e-business@diehl.com. The other Partner shall immediately be informed about the repair of the malfunction.

3.3The User as well as the Authorized Person shall apply with their full name, company, business address, telecommunication data and function. Subsequent changes shall be notified immediately.

3.4The regulations of 312e para. 1, sentence 1 no. 1 - 3 and sentence 2 BGB shall not apply.

3.5Sceduled downtimes of the DA-Portal due to maintenance or other reasons shall be notified to the other Party in reasonable advance.

3.6Data interchange takes place from Monday to Sunday all-day.

 

4.Obligations

4.1Depending on their available technical equipment the Parties shall make reasonable efforts to identify and remedy data losses and data changes.

4.2The User commits himself to implement in his data processing system those technical modifications necessary due to technical developments. Such developments and needs for adaptation shall be notified to the User.

4.3The User has to undertake his registration and deregistration, protective measures against data abuse and the prompt information of DA about data abuse detected by his company.

4.4The User is obliged to use the portal access and the data deposited there solely in the direct context of the execution of contracts between the Parties or as a customer of such a contracting company.

 

5.Confidentiality

5.1The Parties as well as the participating DA companies are mutually obliged to handle all data exchanged or submitted via the DA-Portal confidentially and to prevent the transfer of such data to Unauthorized Persons as well as the use of such data for other than purposes of the contractual relationship. Data submitted is not considered to be confidential if it is open to the public at the moment of transmission.

5.2The same applies if and insofar as personal data is presented within the participation in the DA-Portal.

5.3The origin and integrity of data submitted shall be controlled by the User, the sender shall be identified.

 

6.Data Storage

DA stores solely for their own purposes and for a duration of 6 months at the longest a record of all data communicated among all parties via the communication system in the original form. In case of abuse this data may be provided to authorities and/or Partners for litigation.

 

7.Responsibility

7.1Irrespective of the high standard and continuing quality management measures the Parties do not warrant mutually that the data stored or transmitted is failure-free, safe and/or accurate.

7.2Access to and use of provided data take place at the sole risk of the accessing or using Party. There is no liability for data loss, downtime, economic loss and/or damage or virus infection of the IT equipment. Derogations may be made if the User damages the DA-Portal by injecting malicious code or other harmful disturbance data or abuses the DA-Portal in any other manner. In such cases the Partner shall indemnify DA of possible consequential damages, also resulting from claims by third parties including also other DA companies.

7.3The Parties shall support each other with the enforcement of justifiable claims, resulting from the use of the DA-Portal.

7.4These Terms of Use shall not affect any other agreements between the Parties.

 

8.Charges

Unless otherwise agreed the electronic data interchange on the DA-Portal is free of charge for the User. Each Party bears the expenses for installation and operation, including support, of its own hardware and software as well as data transfer.

 

9.Written Form

These Terms of Use and any future amendments thereof are accepted by the subsequent electronic confirmation. Terminations are valid by electronic mail from the User. Oral or written additional agreements beyond these Terms of Use have not been made.

 

10.Rights

Unless rights of third parties are explicitly referred to, all rights, in particular the intellectual property rights of the data provided via the DA-Portal as well as future developments thereof shall remain the sole property of the DA company concerned. DAs holds the rights to the DA-Portal itself.

 

11.Severability Clause

If single terms of these terms and conditions are or will be entirely or partially inoperative, the validity of the other terms is not touched hereby. The entirely or partially inoperative regulation shall be replaced with a regulation, which is as close as possible to the legal success of the inoperative one; mutatis mutandis for omissions in the Terms of Use.

 

12.Choice of Law and Jurisdiction

12.1The Terms of Use shall be governed by German law to the exclusion of the conflict of laws provision and the UN Convention on Contracts for the International Sale of Goods.

12.2In case of doubt the German version of these Terms of Use shall be legally binding.

12.3Place of jurisdiction in case of disputes resulting from access to and use of the DA-Portal is 88662 Überlingen, Germany.

 

Überlingen, Hamburg, Laupheim, Gilching; Mai, 29st 2011


DIEHL AVIATION

Diehl Aerospace GmbHDiehl Aviation Hamburg GmbHDiehl Aviation Laupheim GmbHDiehl Aviation Gilching GmbH

 

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