Terms of Use for MY Putzmeister

I. General Terms of Use for MY Putzmeister

1.   Provider information and service description
2.   Registration, Users and authorized Companies
3.   Activation process
4.   Remuneration
5.   Intellectual property rights, rights of use of Companies and Users
6.   Responsibilities
7.   Downloads and retrievable Content
8.   Analyses of MY Putzmeister data
9.   Machine Data of Putzmeister machines in use
10.   Data Protection
11.   Confidentiality
12.   Liability
13.   Indemnification of Putzmeister
14.   Blocking or Deactivation of the User account
15.   Termination of individual rights of use / of the contract of use
16.   Reservation of right to change
17.   Final provisions

II. Special Terms of Use for MY PM Services

18.   General information
19.   MY PM Service: Warranty Tool
20.   MY PM Service: MY Fleet
21.   MY PM Service: Quick Service List
22.   MY PM-Service: Machine Cockpit
23.   MY PM Service: Market Data Base
24.   MY PM Service: Sales App
25.   MY PM Service: Marketing Center
26.   MY PM Service: Service
27.   MY PM Service: SANY Net
28.   MY PM Service: Lancy Net
29.   MY PM Service: Web Store

I. General Terms of Use for MY Putzmeister

1. Provider information and service description

1.1   Putzmeister Holding GmbH, Max-Eyth-Strasse 10, 72631 Aichtal ("Putzmeister") provides a web platform ("MY Putzmeister") at www.putzmeister.com, through which digital services for products of the Putzmeister Group ("MY PM Services") are available. Providers of the individual MY PM Services may be different companies of the Putzmeister Group. The "Putzmeister Group" includes all companies in which Putzmeister Holding GmbH directly or indirectly holds a majority stake.

1.2 MY Putzmeister offers to Dealers and Customers as well as to selected Service Partners and Sales Partners of the Putzmeister Group (Dealers, Customers, Service Partners and Sales partners hereinafter jointly referred to as "Companies") an opportunity to obtain supplementary professional information on the products via the MY PM Services and to use additional services in connection with the products of the Putzmeister Group. „Dealer” refers to businesses that offer Putzmeister products for purchase or rent; “Customer” refers to businesses that purchase or rent Putzmeister products for their own use; “Service Partner” refers to businesses that are authorized by the Putzmeister Group to provide services or maintenance for Putzmeister products; “Sales Partner” refers to businesses that provide marketing and sales services for the Putzmeister Group.

1.3   MY Putzmeister may contain links to digital services from third parties. The use of these services is subject to the terms of use of the respective provider. In these cases, Putzmeister only provides technical access to the services, while the third parties are exclusively responsible for the contents in these third party services.

1.4   MY Putzmeister may also contain links to offers which can be accessed either exclusively or additionally via mobile applications ("Mobile Apps"). The Mobile Apps can be made available either via app stores or directly for download via a designated web address. The use of the Mobile Apps is subject to the terms and conditions agreed upon when downloading or accessing the Mobile App and not to the provisions of these Terms of Use.

1.5   The possibility of using individual MY PM Services may depend on the conclusion of a separate contract between the Company and Putzmeister or a Putzmeister company in advance or after registration for MY Putzmeister. In this case, the provisions set out in the respective contract shall apply additionally.

1.6   General terms and conditions of the Companies shall not apply in the relationship between Putzmeister or the Putzmeister companies and the Company. This also applies if Putzmeister or the Putzmeister companies provide a service without expressly objecting to such conditions.

2. Registration, Users and authorized Companies

2.1   Companies are entitled to use MY Putzmeister and are obligated to do so under these Terms of Use, provided that one or more of their employees ("User") successfully register(s) for MY Putzmeister according to this Section 2.

2.2   The Company's employee must ensure that he is authorized to obligate the Company under these Terms of Use and to use the services of MY Putzmeister for the Company. If the User does not possess the aforementioned authorization, the registration may not be carried out. For its part, the Company guarantees that it will only approve Users to MY Putzmeister who can obligate the Company accordingly.

2.3   Employees of a Company who register as a User are checked by Putzmeister to determine whether they belong to the Company before the User account is activated. During the verification, Putzmeister may, at its own discretion, ask the Company whether the User may be granted access to certain MY PM Services. There is no obligation on the part of Putzmeister to obtain such information.

2.4   Upon completion of the registration by the Users, a contract of use in accordance with the following conditions is concluded between Putzmeister and the individual Users as well as the Company to which the User belongs to.

2.5   The User and the Company are responsible for ensuring that the information provided by the User during the registration process is correct and complete. If, in the course of time, the circumstances underlying the information change, the information provided by the Users on MY Putzmeister must be updated by them without undue delay.

3. Activation process

3.1   Within the framework of MY Putzmeister, various MY PM Services can be used by the User and the Company. There are MY PM Services to which every registered User has access ("Basic Services"). On the other hand, there are certain MY PM Services to which Companies or Users are only granted access under certain conditions ("Restricted Services").

3.2   In order to provide Users with those Restricted Services which they and the Company are authorized to use, Putzmeister may check the authorization after the User has registered ("Activation Process").

3.3   The User can request access to further Restricted Services in the logged-in area of MY Putzmeister. In this case, Putzmeister also carries out the Activation Process.

3.4   Putzmeister shall notify the User of the result of the verification regarding the Company's rights to access Restricted Services to the e-mail address provided by the User. The User will be informed by e-mail of both the rejection of access and the granting of access to the Restricted Services.

3.5   The Company is responsible for ensuring that the registered Users use the Basic Services and the Restricted Services within MY Putzmeister only to the extent permitted by the Company's internal representation structures and authorizations.

3.6   The Company has the option to request graduated authorizations for the Restricted Services for the registered Users from Putzmeister. Putzmeister will endeavor to implement the Company's requests for graduated authorizations for the Restricted Services to the extent that this is technically possible. However, Companies have no right to demand that Putzmeister will comply with the request for graduated authorizations that are not technically provided.

4. Remuneration

The use of MY Putzmeister and the MY PM Services are free of charge for the User and the Company, unless otherwise agreed with regard to the respective MY PM service.

5. Intellectual property rights, rights of use of Companies and Users

5.1   Putzmeister remains the owner of all intellectual property rights related to MY Putzmeister and the Content retrievable via MY Putzmeister. All results, further and new developments and all intellectual property rights associated therewith or embodied therein or resulting therefrom (together the "Developments") are exclusively owned by Putzmeister. This also applies in the event such Developments are based on suggestions, feedback, requirements, ideas, contributions, comments, anonymized benchmark metrics or other input from Users. Developments do not include personal data of the Users and protected trade secrets, which are treated confidentially by Putzmeister.

5.2   Unless otherwise stipulated in Part II., Putzmeister grants the Company the non-exclusive, non-transferable right to use MY Putzmeister, the data, documents and other content ("Content") that can be retrieved or downloaded via MY Putzmeister for the duration of the contract of use. The entitlement only applies to the processing of arising tasks and business transactions in connection with the products of the Putzmeister Group. The entitlement is limited to the intended use of MY Putzmeister and the Content.

5.3   Unless otherwise stipulated in Part II., the User is not permitted to

5.3.1 copy, translate, disassemble, decompile, reverse engineer, or otherwise modify or edit MY Putzmeister and/or any Content, in whole or in part, or create derivative works thereof, except as permitted by mandatory law or these Terms of Use;

5.3.2 use MY Putzmeister and/or Content in a way that violates applicable law or these Terms of Use, including but not limited to the transfer of information and data that is unlawful or a use of Content that infringes proprietary rights of Putzmeister, Putzmeister companies or third parties;

5.3.3 jeopardize or circumvent the operation or security of MY Putzmeister and/or Content;

5.3.4 distribute, publish, make publicly available, as well as edit or otherwise modify Content, including, but not limited to, for User's own commercial purposes.

5.4 If the downloadable Content contains copyright notices or other notices indicating ownership of the rights, these may not be removed.

6. Responsibilities

6.1   The Company and the User must ascertain the functional features of MY Putzmeister and their technical requirements themselves. The Company bears the risk that MY Putzmeister meets its requirements and can be used for its economic purposes.

6.2   The Users undertake to obtain the necessary internal Company authorizations and to establish the necessary representative structures required for the use of MY Putzmeister and the MY PM Services by the User. The Company and the User have to notify Putzmeister without undue delay if a User does not have or no longer has the necessary authorization to use MY Putzmeister or individual MY PM Services on behalf of the Company.

6.3   The Company and the User shall take appropriate precautions in the event MY Putzmeister is not operational or not properly operational (e.g. by data backup, fault diagnosis, regular review of results). Insofar as data and documents can be exported from MY Putzmeister, the Company and the User shall be responsible for the regular and complete backup of the business-relevant data and documents in a separate backup system outside MY Putzmeister.

6.4   The Company and the User are responsible for ensuring that the information, documents and other data provided by them on MY Putzmeister are correct and free of any form of malware such as viruses, worms, Trojans, etc. The User providing the data and the Company are liable for any damage caused by erroneous data.

6.5   The responsibility for the actions performed under a user account in connection with the password of the respective Users shall be borne by the respective Users and the Company.
6.6   If files are uploaded, the Company and the User must ensure that the file format, file name and file size are supported by MY Putzmeister. Putzmeister is not responsible for the success of the upload.

6.7   The Company and the User are responsible for ensuring that the provision of information, documents and other data complies with applicable statutory provisions. Putzmeister is not responsible for the accuracy and completeness of information (including linked content) provided by other Users.

6.8   No content provided by Users and Companies may contain any harassment, insults, disparagement, unlawful threats, defamatory criticism or untrue statements of fact. Other violations of the rights of third parties are also prohibited, as well as the posting of criminal or otherwise unlawful, discriminatory, racist, violent or harmful content. If Users act contrary to these provisions, Putzmeister is entitled to declare the extraordinary termination of the existing contract of use with them and the Company or to temporarily deactivate or block the user account.

6.9   Data communication via the Internet and the availability of MY Putzmeister cannot be guaranteed to be always error-free and/or available at all times according to the current state of technology. Putzmeister endeavors to minimize restrictions of the availability of MY Putzmeister, but is not obliged to provide constant and uninterrupted availability of MY Putzmeister. In the event maintenance work on MY Putzmeister is required, Putzmeister will inform the Users about the maintenance as far as possible in advance. This Section applies accordingly to Putzmeister companies and the MY PM Services operated by them.

6.10   The Putzmeister Group does not give any warranty for the correct display and functioning of MY Putzmeister and MY PM Services when Users use an Internet browser that MY Putzmeister or the relevant MY PM service does not support or that is not up to date.

7. Downloads and retrievable Content

7.1 Putzmeister endeavors to ensure that the Content accessible via MY Putzmeister contains correct and up-to-date information. However, it cannot be completely ruled out that the Content may contain incorrect information or (technical) inaccuracies. The same applies accordingly to the Putzmeister companies that offer individual MY PM Services.

7.2 Putzmeister and the Putzmeister companies responsible for individual MY PM Services reserve the right to change, correct or improve the Content and functionalities of MY Putzmeister and MY PM Services at any time without prior notice. Insofar as Content serves the technical documentation or handling of the products (esp. data sheets, manuals, assembly instructions, test protocols, etc.), the Company and the User are obliged to inform themselves independently at regular intervals about any updates to the Content via MY Putzmeister directly.

8. Analytics of MY Putzmeister data

Putzmeister may analyze User behavior on MY Putzmeister and the content provided by Users for the purposes provided in this Section 8 ("Analytics"). The Analytics data is used for product improvement, development of new products and services, resource and support improvement, product performance improvement, security and data integrity checks, identification of industry trends and developments, creation of pseudonymized statistics and pseudonymized benchmarking. The Analytics are carried out in accordance with the provisions of the General Data Protection Regulation.

9. Machine Data of Putzmeister machines in use

9.1 It is possible that a communication module ("Connect Box") is installed in Putzmeister machines. Data from Putzmeister machines can be transferred to Putzmeister companies via these Connect Boxes.

9.2 The Putzmeister Group is authorized to process the data from Putzmeister Machines in accordance with this Section 9.

9.2.1 The authorization covers Putzmeister machines that are owned by the Company or are temporarily in its possession (e.g. due to a rental). If the Company allows a machine to be used by a third party outside the company (‘third-party user’), the Company is obliged to inform the third-party user of the existence of the Connect Box and the scope of the transmission and storage of the machine data, and to obtain the third-party user's consent in writing.

9.2.2 Data transfer is possible for Putzmeister machines equipped with a corresponding Connect Box. The data transfer is carried out from the Connect Box to a cloud server of the Putzmeister Group ("Putzmeister Cloud Server") via a SIM card installed in the Connect Box. This SIM card is activated (and deactivated if necessary) by a Putzmeister company. Additional costs for the mobile data transmission do not arise for the Company.

9.2.3 Personal data within the meaning of the General Data Protection Regulation is not processed. The following data packages of the Putzmeister machines may be collected and transferred to the Putzmeister cloud server via data transmission ("Machine Data"):

Machine basic data
GPS position data
Data regarding the gearbox position
Status of the machine (working, driving, standstill)
Fuel consumption
Error messages
Real-time monitoring of fluid levels and engine status
Mileage
Machine speed
Operating hours
Flow rate
Hydraulic pressures
Operating hours
Arm and support leg positions
Operating temperature of machine
Support variant

9.2.4 The Machine Data together with the machine identification number can be read out and used by the Putzmeister Group for the following purposes:

Provision of free and paid analysis services for the Company
Provision of free and paid analysis services for the Company
Creation of demand-orientated offers for maintenance and repair services as well as for spare parts from the Putzmeister Group; whereby the Putzmeister Group is not obliged to inform the Company of maintenance or repair needs without a separately concluded agreement
Examination of warranty claims
Creation of anonymous statistics and anonymous benchmarking
Product development (optimization, further and new development of products and services ) and scientific purposes

9.3 The Putzmeister Group is entitled to freely use, process, transfer and sublicense the analysis data and Machina Data collected in accordance with Sections 9.1 and 9.2 for the aforementioned purposes. This right is irrevocable and shall continue to apply even after the end of the usage contract and/or the discontinuation of use for other reasons and/or deactivation of data transmission via a Connect Box, with the proviso that the Machine Data generated and/or recorded up to that point may continue to be used by the Putzmeister Group.

10. Data protection

10.1 The information on the collection and processing of personal data by Putzmeister is summarized in the Privacy Policy |MY Putzmeister. The Company grants the Putzmeister Group the non-exclusive right to use the Company's data as necessary to provide the services offered within the framework of MY Putzmeister and to verify the use permitted under these Terms of Use.

10.2 The Company is solely responsible for ensuring that it is able to use MY Putzmeister and the MY PM Services in accordance with the statutory data protection provisions applicable to the Company. Insofar as Companies allow their employees and external agents to register with MY Putzmeister, they must create the necessary prerequisites under data protection law (e.g. obtain consents).

11. Confidentiality

11.1   The Company and the User (hereinafter "Receiving Party") undertake to treat all confidential information of Putzmeister, Putzmeister companies and of other Users of MY Putzmeister as confidential for an unlimited period of time with reasonable care. "Confidential Information" means all information that Putzmeister, Putzmeister companies or other platform participants (hereinafter "Disclosing Party") protect against unrestricted disclosure to third parties or that is marked as confidential.

11.2   Disclosure of Confidential Information to third parties is only permitted insofar this is necessary for the exercise of rights, statutory or official obligations or the performance of contracts. Disclosure to affiliated companies and consultants subject to professional secrecy is also permitted insofar as it is ensured that they in turn maintain confidentiality in accordance with Section 11.1.

11.3   Section 11.1 shall not apply to Confidential Information that (i) has been independently obtained by the Receiving Party without recourse to the Confidential Information of the Disclosing Party, (ii) has become generally available to the public without breach of contract by the Receiving Party, (iii) was known to the Receiving Party without restriction at the time of disclosure, or (iv) is released from the foregoing provisions upon written consent of the Disclosing Party.

11.4   The obligation of confidentiality applies indefinitely, even beyond the end of the contract of use.

12. Liability

12.1   Users and the Company shall be liable for their conduct in accordance with statutory provisions, except to the extent that limitations are provided in this Section. A Company bound by these Terms of Use shall be liable for the conduct of its employees, vicarious agents, legal representatives and agents as for its own conduct.

12.2   Putzmeister is liable without limitation for intent and gross negligence. Furthermore, Putzmeister is liable for the negligent breach of such obligations, where the breach of such obligations endangers the achievement of the purpose of the contract and on whose compliance the Users or Companies can regularly rely. However, in the case of sentence 2 Putzmeister shall only be liable for the foreseeable damage typical for the contract. Putzmeister is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

12.3   The liability for damages and reimbursement of wasted expenditure is limited to EUR 10,000.00 per damage case in the event of slight negligence on the part of Putzmeister. In the event of several cases of damage in one contract year, Putzmeister's liability shall be limited to EUR 25,000.00. In the event of gross negligence, the maximum liability limits shall be doubled.

12.4   Loss of profit will not be compensated. In the event of data loss, only the costs of recovery shall be reimbursed up to the amount that would have been incurred if the data had been properly and regularly backed up by the Company or the User. The limitations of liability from this Section do not apply in the case of intent.

12.5   Putzmeister's strict liability is excluded.

12.6   The above regulated exclusions of liability do not apply in the event of injury to life, limb and health or insofar as Putzmeister has given a guarantee. Liability under the mandatory statutory product liability provisions shall also remain unaffected.

12.7   In the event of liability due to intent, gross negligence, personal injury or under the Product Liability Act, the statutory limitation periods apply. Otherwise, a limitation period of one year applies to all claims for damages or reimbursement of wasted expenditure of the Company in the case of contractual and non-contractual liability. The limitation period shall commence in accordance with the statutory provisions. However, it shall commence at the latest upon the expiry of 5 years from the accrual of the claim.

12.8   The limitations of liability regulated above apply to MY Putzmeister and MY PM-Services and apply mutatis mutandis for Putzmeister's vicarious agents and legal representatives as well as for all Putzmeister companies and their vicarious agents and legal representatives.

12.9   Any liability of the Putzmeister Group for MY Putzmeister and MY PM Services beyond this Section 12 is excluded, unless otherwise stipulated in a separate agreement.

13. Indemnification of Putzmeister

13.1 Insofar as the User or the Company violates these Terms of Use, they shall indemnify Putzmeister and the other Putzmeister companies concerned, if any, against all claims asserted by third parties due to the violation of their rights and/or due to violations of the law. To the extent required, the Users and the Company shall support Putzmeister and the other Putzmeister companies in the legal defense and shall bear all reasonable costs of the legal defense. This Section 13.1 shall apply mutatis mutandis in the event claims are asserted against Putzmeister or other Putzmeister companies by third parties due to any other breach of duty or rights by the User or the Company.

13.2 A Company is liable under this Section 13 for the conduct of its employees, vicarious agents, legal representatives and agents as for its own conduct.

14. Blocking or Deactivation of the user account

14.1 Putzmeister is entitled, temporarily or permanently and without prior notice, (i) to block access to the user account in whole or in part ("Blocking") or (ii) to deactivate the user account ("Deactivation"). The Blocking or Deactivation may affect either the entire user account or individual MY PM Services that are accessible through the user account.

14.2 Blocking or Deactivation of the user account is possible in particular in the following cases:

14.2.1 Objective reasons related to the security of the use of MY Putzmeister require Blocking, such as:

a. Entering incomplete or incorrect data;

b. Interference with the functionality of MY Putzmeister by actions of the User such as uploading software, scripts, files and/or other mechanisms/techniques which are suitable to spy on, attack, interfere with the operation of or otherwise impair MY Putzmeister and/or the Users of MY Putzmeister and their hardware components, the servers of Putzmeister and/or the software used on the hardware components of the Users or the servers of Putzmeister;

c. There is a suspicion that the Content retrievable in MY Putzmeister is automatically read out (so-called "scraping") and the data is reproduced in another system or extracted from MY Putzmeister in any other way in order to use the Content for the construction of own digital systems, services, databases, directories, etc.;

d. There is a suspicion of unauthorized or fraudulent use of the user account by the User himself or a third party;

e. The User or the Company violates the provisions of these Terms of Use.

14.3 Putzmeister alone decides whether a user account is temporarily or permanently, completely or partially deactivated or blocked.

15. Termination of individual rights of use/of the contract of use

15.1   The user accounts of a Company can be terminated by the Users concerned and the Company at any time and without notice. Insofar as binding terms are stipulated for MY PM Services, the contract of use shall only end upon termination of the MY PM service.

15.2   The termination of the contract of use with Putzmeister can be submitted in text form to [e-mail address] or in writing to [address]. The Company and the User can terminate the user account as a whole or only individual services. The termination of Restricted Services does not generally affect the access to the Basic Services of MY Putzmeister. If the Company or the User wishes to terminate the contract of use as a whole, i.e. both the access to the Basic Services and the Restricted Services, this must be stated in the notice of termination.

15.3   Insofar as the granting of the possibility of use of individual services of MY Putzmeister is subject to a separate contract to be concluded between Putzmeister and the Company, the contract's provisions regarding the termination of the contract take precedence over these provisions.

15.4   The right of the parties to declare the extraordinary termination of individual user accounts in their entirety or of the access to individual services of MY Putzmeister for good cause without prior notice remains unaffected.

15.5   Putzmeister is entitled to permanently prohibit the Company and the User from accessing MY Putzmeister in the event Putzmeister has justifiably declared extraordinary termination without prior notice.

15.6   In the event that the contract of use is terminated in its entirety, those provisions of these Terms of Use shall continue to apply which, according to their meaning and purpose, would reasonably justify their continued application even after termination of the contract of use. This includes in particular, but not limited to, the following provisions:

Intellectual property provisions
Liability provisions
Provisions on indemnification obligations
Confidentiality regulations
Termination provisions
Final provisions

16. Reservation of right to change

16.1 Putzmeister reserves the right to change or terminate functions and Content of MY Putzmeister at any time. Insofar as this significantly restricts the possibility of using services, the contract of use with Putzmeister may be terminated in accordance with Section 15.2 either in its entirety or with regard to individual MY PM Services .

16.2 Putzmeister reserves the right to change these Terms of Use. Putzmeister will announce changes to these Terms of Use to Users electronically either by e-mail or via MY Putzmeister with a notice period of at least four (4) weeks ("Prior Notice Period") in advance of the effective date of the changed Terms of Use. During the Prior Notice Period, the User has the option to accept the amended Terms of Use within the scope of the login at MY Putzmeister. Upon expiry of the Prior Notice Period, the User may only log in to his user account after having accepted the amended Terms of Use. If the User does not accept the amended Terms of Use, Putzmeister has the right to terminate the relationship with the User and Company concerned with a notice period of two weeks.

17. Final provisions

17.1   The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of Putzmeister.

17.2   The law of the Federal Republic of Germany shall apply, excluding international conflict of laws provisions, in particular the UN Convention on Contracts for the International Sale of Goods.

17.3   To the extent that any provision of these Terms of Use is invalid, this shall not affect the validity of the remaining provisions.

II. Special Terms of Use for MY PM Services

18. General information

MY Putzmeister offers a variety of different services which can be made available to the User for use after successful registration, provided that the Company is authorized to use them (hereinafter: "MY PM Services"). The following Special Terms of Use apply in addition to the General Terms of Use set out under Part I. regarding the MY PM Services listed below.

19. MY PM Service: Warranty Tool

19.1   The Warranty Tool is a service provided by Putzmeister.

19.2   Users have the possibility for products which are subject to warranty or special complaint provisions or for which Putzmeister companies have given a guarantee to settle warranty claims on behalf of the Company with the relevant Putzmeister company via a special accessible application ("Warranty Tool") by means of an online request ("Warranty Request").

19.3   If deviating agreements have been made with Companies regarding the handling of warranty claims within the framework of agreements and/or guidelines ("Warranty Agreements"), these Warranty Agreements shall take precedence over the provisions of this Section 19. In general, the Putzmeister Warranty Policy as amended from time to time shall apply.

19.4   In order to submit requests via the Warranty Tool, the User must provide various details about the product (e.g. material number of the defective part, serial number of the machine, customer number of the Company, warranty period, etc.), the defect (e.g. date of the first occurrence of the defect, damage symptoms, etc.) and, if applicable, any repairs already made to the defect (e.g. date of the repair, details of the identity of the repairer, costs, etc.).

19.5   After the request has been submitted via the Warranty Tool, the request will be forwarded to the Putzmeister company that placed the respective allegedly defective product on the market for review and processing. The User can view the submitted requests at any time within the Warranty Tool.

19.6   The Company and the User undertake to completely and truthfully provide all information needed for the processing of the respective request. The information provided in the request has no probative value for the existence of a warranty case. Furthermore, the submission of a request does not give rise to any legally binding claims against Putzmeister or other Putzmeister companies. The submitted requests will be examined separately by the Putzmeister company that places the respective product on the market.

19.7   The User can view the processing status of the submitted request at any time within the Warranty Tool. Putzmeister informs the User of changes to the processing status by changing the respective processing status (e.g. by marking it as "rejected", "accepted", "accepted with changes").

19.8   Insofar as a Putzmeister company performs services based on untruthful information within the scope of Warranty Requests, even though the Putzmeister Group is not legally obligated to perform these services, the Putzmeister company shall be entitled to demand compensation from the Company for the resulting damages or reimbursement of wasted expenditures incurred.

20. MY PM Service: MY Fleet

20.1 MY Fleet is a service provided by Putzmeister.

20.2 Putzmeister offers Companies an application at MY Putzmeister with which the User can centrally manage the Company's entire fleet of machines on behalf of the Company, retrieve individual information concerning the machines, and obtain an overview of upcoming maintenance work on the machines in the fleet ("MY Fleet").

20.3 In MY Fleet, all machines are displayed that are assigned to the Company either as an Customer or as a Dealer. Selected Service Partners or selected Sales Partners also may have access to this MY PM Service. Although the assignment is made to the best knowledge, it cannot be completely ruled out that individual machines are missing in the machine overview in MY Fleet or are incorrectly assigned to the Company.

20.4 In order to provide the full range of functions in MY Fleet for Customers, the Customers must enter their machine(s) with the appropriate data if available. This includes the relevant machine data such as name, mast class, pump type and fleet assignment. However, the Customer is not obliged to enter their entire fleet of machines in MY Fleet.

20.5 The Company and the User are therefore obliged to verify after registration and thereafter each time MY Fleet is accessed, whether all machines belonging to the Company's fleet are displayed in the machine overview or whether machines are displayed which do not belong to the Company's own fleet. If the User determines during the verification that machines are missing, he can add the missing machine to MY Fleet. If the User notices during the verification that machines are displayed that do not belong to User’s machine fleet, the User can remove these machines from MY Fleet.

20.6 The Company and the User are obliged to enter all information in MY Fleet truthfully and completely and to ensure that is correct. The provided information has no probative value for the actual performance of Services and regarding the ownership of the respective machine.

20.7 The User has the option to store certain information for the machines listed in the machine overview, such as Company contact details or details of planned or performed maintenance work ("Services").

20.8 In addition, the User can view the service status of individual machines via the "Preventive Service List (PSL)". The service status indicates whether a service needs to be performed soon or is overdue. The information on the service status of the machine represents a non-binding recommendation regarding Services to be carried out based on the data stored in MY Fleet and is based on the service intervals recommended by Putzmeister for the machines.

20.9 Users of the Company (not the Dealers, Service Partners or Sales Partners) also have the opportunity of creating checklists for their own machine fleet. Putzmeister reserves the right to grant the opportunity of creating checklists only to selected Users of the Company. The Companies can freely choose the content of the checklists (e.g. maintenance checklists or checklists for commissioning the machines). Insofar as checklists are already available, these are examples that are neither complete nor correct. The Company is solely responsible for the checklists it creates for its own machine fleet and whether the checklists are suitable for its own purposes. Putzmeister may include the contents of the company's checklist in its collection of examples. The checklists are available via the Experts App (iOS / Android) provided by Putzmeister. No promise is made that the service will be available at all times via the Experts App, nor is this owed.

20.10 Since the service status of the machine depends on manual information provided by the User or on the Machina Data transmitted by Connect Boxes (when using connected services), it cannot be ruled out that the service status is displayed incorrectly due to incorrect information provided by the User or an unforeseen, incorrect, omitted or delayed transmission of data from the Connect Boxes to MY Fleet. The Company and the User are therefore obliged to examine the recommendations made and to make a decision on the necessity of performing a service only on the basis of their own examination.

20.11 Insofar as Putzmeister processes data on behalf of the Company in MY Fleet, the following shall apply:

20.11.1 The subject of the order processing is the processing of personal data (hereinafter ‘Data’) by Putzmeister in connection with the MY Fleet services. The duration of the order processing corresponds to the term of the usage contract for the MY Fleet services.

20.11.2 The Company's Data will be processed by Putzmeister solely for the purpose of providing the services. The subject matter of the data processing is the following Data types/categories of the Company's employees and agents: first name, last name, country, business email address, business phone number, login data, video material, image material, audio. Protocol data about access is not subject of the order processing, but is collected by Putzmeister for its own purposes for IT security reasons.

20.11.3 Putzmeister shall establish security in accordance with Art. 28 (3) (c), 32 GDPR (EU General Data Protection Regulation), in particular in conjunction with Art. 5 (1), (2) GDPR, and for this reason shall take all necessary technical and organizational measures to protect the Data. Putzmeister shall continually adapt the technical and organizational measures in line with technical progress and further development.

20.11.4 Putzmeister may only process the Data that is processed on behalf of the Company on the instructions of the Company and may not correct, delete or restrict the processing of such Data on its own initiative, but only in accordance with the instructions of the Company. Insofar as a data subject contacts Putzmeister directly in this regard, Putzmeister will forward this request to the Company.

20.11.5 Putzmeister fulfils its legal obligations in accordance with Articles 28 to 33 of the GDPR; in this respect, Putzmeister warrants compliance with the following requirements in particular:

a.   The Company and Putzmeister will cooperate on request with the supervisory authority in the performance of its tasks.
b.   The Company will be informed without delay of any control actions and measures taken by the supervisory authority, insofar as they relate to this order.
c.   Putzmeister regularly checks the internal processes and the technical and organizational measures to ensure that the processing in the sphere of responsibility of Putzmeister is carried out in accordance with the requirements of the applicable data protection law and that the protection of the rights of the data subject is ensured.

20.11.6 Putzmeister shall support the Company in complying with the obligations set out in Articles 32 to 36 of the GDPR regarding the security of personal data, reporting obligations in the event of data breaches, data protection impact assessments and prior consultations.

20.11.7 The Company consents to the assignment of the subcontractors listed in the data protection declaration, subject to a contractual agreement in accordance with Art. 28 (2-4) GDPR. The data protection declaration at the time of the agreement of the MY Fleet services is decisive. Outsourcing to further subcontractors or changing the existing subcontractor is permitted, provided that (1) Putzmeister notifies the Company of such outsourcing to subcontractors in text form a reasonable time in advance (e.g. by providing information to update the data protection declaration), (2) the Company does not object within four weeks and (3) a contractual agreement is concluded in accordance with Art. 28 (2-4) GDPR. If the subcontractor provides the agreed service outside the European Union and the Agreement on the European Economic Area (hereinafter referred to as ‘third country’), Putzmeister shall ensure that data protection requirements are met by taking appropriate measures.

20.11.8 Any transfer of personal data to a third country requires compliance with the provisions on the transfer of personal data to third countries under Chapter V of the GDPR. The Company permits the transfer of data to third countries under these conditions.

20.11.9 The Company has the right to verify compliance with the obligations arising from the processing of the order by Putzmeister at its business premises during business hours by means of random checks, which must be announced at least four weeks in advance. Such checks shall take place no more than once a year. Putzmeister shall ensure that the Company can verify compliance with Putzmeister's obligations under Art. 28 GDPR. Putzmeister undertakes to provide the Company with the necessary information on request and, in particular, to provide evidence of the implementation of the contractually agreed technical and organizational measures. Putzmeister may demand reasonable remuneration for enabling the Company to carry out checks.

20.11.10 The Company shall confirm verbal instructions immediately at least in text form (documented instruction). The Company cannot derive any claim from instructions that have not been confirmed in text form in good time. Putzmeister shall inform the Company if Putzmeister is of the opinion that an instruction violates data protection regulations. The Company is entitled to suspend the execution of the corresponding instruction until it is confirmed or amended by the Company.

20.11.11 Insofar as Putzmeister uses employees or service providers to fulfil the contract, it shall impose appropriate confidentiality obligations on these persons.

20.11.12 After completion of the order, Putzmeister shall, at the Company's option, either destroy all Data subject to this data processing agreement in a manner that ensures data protection or hand it over to the Company and destroy existing copies, unless there is an obligation to store the data under EU law.

21. MY PM Service: Quick Service List

21.1 Quick Service List is a service provided by Putzmeister.

21.2 Putzmeister also provides an application through which Dealers can view machines with very short delivery times ("Quick Service List").

21.3 The User has the possibility to request a reservation without obligation of the machines shown in the Quick Service List on behalf of the Dealer. Putzmeister forwards the request to the responsible Putzmeister company, which makes the reservations for the respective machine. A direct reservation of the machine is not possible within the Quick Service List. The reservation request is therefore not binding. The reservation is not carried out until the Putzmeister company responsible for the requested machine confirms that the reservation.

21.4 Generally, a machine from the Quick Service List is reserved for a maximum period of one month. Requests for a longer reservation can be submitted to Putzmeister. Putzmeister will try to comply with the request for a longer reservation.

21.5 The User can cancel a reservation on behalf of the Dealer at any time by notifying the Putzmeister Company outside MY Putzmeister.

21.6 The reservations can be cancelled by the responsible Putzmeister company at any time if there are objective reasons. In the event reservations are cancelled, the Dealer will be informed of this directly via the sales department of the relevant Putzmeister company.

22. MY PM-Service: Machine Cockpit

22.1 Machine Cockpit is a service provided by Putzmeister Group. Machine Cockpit is offered by the Putzmeister company that is regionally responsible for the company concerned. The responsible Putzmeister company can be seen from the overview that can be accessed here. The attribution may change if necessary; such changes will be indicated in the overview and are binding even if another Putzmeister company is still named as the provider in a previously concluded usage contract. Section 16.2 applies accordingly.

22.2 Within MY Putzmeister, Putzmeister offers an application that enables Companies and their Users to use data from machines with an activated Connect Box to optimize and evaluate their own business processes, among other things, and to obtain information about critical machine conditions and Services to be performed on the machines ("Machine Cockpit").

22.3 Use of Machine Cockpit is generally subject to a usage contract, which the company and Putzmeister or, as the case may be, another Putzmeister company must conclude separately. In the event of contradictions, the usage contract shall take precedence over the provisions of these terms of use. These terms of use shall apply subordinately, even if no separate usage contract has been concluded but the company has nevertheless been given access to Machine Cockpit.

22.4 The Company and the User are obliged to stop using Machine Cockpit upon termination of the Agreement.

23. MY PM Service: Market Data Base

23.1   Market Data Base is a service provided by Putzmeister.

23.2   Putzmeister provides an application within MY Putzmeister which enables Dealers and their Users to fulfill their obligations to report market authorization figures from Dealer contracts concluded with Putzmeister or other Putzmeister companies ("Market Data Base").

23.3   A separate login is required to access the Market Data Base. The Dealer can only designate one User who shall have access to the Market Data Base and submit the reports on the market authorization figures on behalf of the Dealer.

23.4   The User receives the access data for the Market Data Base via e-mail from Putzmeister.

23.5   The User has the possibility, e.g. in the context of accidental wrong entries, to correct his data entries at any time.

24. MY PM Service: Sales App

24.1   The Sales App is a service provided by Putzmeister.

24.2   Putzmeister provides an application within MY Putzmeister which contains information on products specially prepared for Dealers and their Users ("Sales App").

24.3   All information accessible via the Sales App may only be used by the Dealer and User for own internal purposes of the Dealer.

24.4   The Dealer and the User undertake to treat all information retrievable via the Sales App as Confidential Information pursuant to Section 11. If there is any doubt as to whether any information accessible via the Sales App falls under the exceptions of Section 11.3, the Dealer and User undertake to contact Putzmeister in advance of disclosure to third parties who are not privileged under Section 11.2 in order to clarify the confidentiality of the respective information.

25. MY PM Service: Marketing Center

25.1   The Marketing Center is a service provided by Putzmeister.

25.2   Putzmeister provides an application within MY Putzmeister which provides Dealers and their Users with comprehensive information and data in connection with the distribution of the products for free retrieval ("Marketing Center").

25.3   The information and data made available for retrieval are in particular texts, text excerpts, images, graphics, sound, video and animation files as well as logos of the Putzmeister Group ("Promotional Materials").

25.4   By downloading or using the Promotional Materials provided, the Dealer and the User agree to these Terms of Use.

25.5   All Promotional Materials made available on MY Putzmeister are protected by copyright and/or trademark law. Putzmeister or the Putzmeister companies or third parties are exclusively entitled to all rights resulting therefrom. The provision of the Promotional Materials by Putzmeister serves solely to support the promotional appearance of the Dealer and User, to better present products of the Putzmeister Group, and to improve customer acquisition. The Promotional Materials made available via MY Putzmeister may therefore be used exclusively for the Dealer's and User's own promotional purposes and published, disseminated or made publicly accessible within this framework.

25.6   Dealer and User are not permitted to edit or otherwise modify any Promotional Materials unless (i) Putzmeister has expressly consented in writing in advance to any modifications to the Promotional Materials or (ii) there are clearly highlighted fields in the Promotional Materials that permit modifications at these points.

25.7   Putzmeister may update, change or no longer make available for retrieval the Content made available for retrieval in the Marketing Center at any time without prior notice. The Dealer and the User must use the current version of the Promotional Materials available for retrieval via the Marketing Center for the promotional activities, unless otherwise agreed with Putzmeister. Versions of Promotional Materials which are no longer made available for retrieval via the Marketing Center may not be used by the Dealer and User unless Putzmeister has expressly consented to their further use.

25.8   Putzmeister is responsible for the intellectual property rights contained in the Promotional Materials. For this reason, Putzmeister shall indemnify the Dealers and Users against all claims asserted by third parties due to the infringement of their intellectual property rights contained in the Promotional Materials as a result of the use of the Promotional Materials by the Dealer and User. This shall not apply insofar as the Dealer and User, contrary to the obligation of Section 25.7, continue to use Promotional Materials which are no longer available for retrieval without the prior consent of Putzmeister and intellectual property rights of third parties are thereby infringed.

25.9   In other respects, Putzmeister is not responsible for the further use of the Promotional Materials by the Dealer and User. This means that the Dealer and User are responsible for changes made to the materials and the specific manner of use is also the responsibility of the Dealer and User (e.g. in the context of acquisition discussions). Putzmeister shall not be liable for the specific manner of use of the Promotional Materials by the Dealer and User apart from Section 25.8.

26. MY PM Service: Service

26.1   The "Service" is a service provided by Putzmeister.

26.2   Putzmeister provides an application within MY Putzmeister which contains information prepared for Dealers on maintenance and repair measures to be carried out on products ("Service Checklists") and informs about recall actions by Putzmeister ("Service").

26.3   The Dealers and their Users undertake to treat the Service Checklists retrievable via the Service application, information on recall campaigns and all other information which is protected against unrestricted disclosure to third parties, or which is marked as confidential, as Confidential Information pursuant to Section 11, unless the intended use by Putzmeister clearly indicates otherwise. If there is any doubt as to whether information that can be accessed via the application Service falls under the exceptions of Section 11.3, the Dealer and User undertakes to contact Putzmeister in advance of disclosure to third parties that are not privileged under Section 11.2 in order to examine the confidentiality of the respective information.

27. MY PM Service: SanyNet

27.1   SanyNet is a service provided by Putzmeister.
27.2   Within MY Putzmeister, Putzmeister provides access to an application which contains information on products and maintenance and repair measures to be carried out on SANY products ("SanyNet"), specially prepared for Dealers.

27.3   To the extent that information and materials in connection with the distribution of SANY products are made available for free retrieval via SanyNet, the Terms of Use for the MY PM Service "Marketing Center" (Section 25) and the MY PM Service "Service" (Section 26) shall apply mutatis mutandis under the condition that all rights regarding the materials and information are exclusively reserved to Putzmeister, the Putzmeister Group, companies of the SANY Group or third parties.

28. MY PM Service: LancyNet

28.1   LancyNet is a service provided by Putzmeister.

28.2   Within MY Putzmeister, Putzmeister provides access to an application that contains information on products and maintenance and repair measures to be carried out on Lancy products ("LancyNet"), specially prepared for Dealers.

28.3   To the extent that information and materials in connection with the distribution of Lancy products are made available for free retrieval via LancyNet, the Terms of Use for the MY PM Service "Marketing Center" (Section 25) and the MY PM Service "Service" (Section 26) shall apply mutatis mutandis under the condition that all rights to the materials and information are exclusively reserved to Putzmeister, the Putzmeister Group, companies of the Lancy Group or third parties.

29. MY PM Service: Web Store

29.1   The Web Store is a service provided by Putzmeister.

29.2   Putzmeister offers certain Companies and Users access to a store interface through which Putzmeister products can be requested or directly ordered by the User on behalf of the Company ("Web Store").

29.3   Putzmeister operates the Web Store exclusively at the operational and technical level. Insofar as Putzmeister products can be ordered directly via the Web Store, the respective contract for the ordered Putzmeister product shall be concluded with the Putzmeister company named during the order process.

29.4   The respective terms and conditions of sale of the Putzmeister company acting as the contractual partner shall apply in addition to these Terms of Use.

29.5   Users have the option of ordering Putzmeister products for which prices are displayed as part of the product presentation directly via the Web Store. The presentation of Putzmeister products for which prices are indicated is not a legally binding offer. The presentation of Putzmeister products in the Web Store is a non-binding invitation (so-called "Invitatio Ad Offerendum") to an unspecified number of persons to make a binding offer to the respective selling Putzmeister company to conclude a contract by placing an order ("Offer"). After completion of the order process, Users receive an e-mail confirming receipt of the order for the Company ("Order Receipt Confirmation"). This does not constitute acceptance of the Offer. A contract is only concluded when the respective Putzmeister company sends the User the declaration of acceptance ("Order Confirmation") that follows the Order Receipt Confirmation.

29.6   The products presented in the Web Store can be placed in the shopping cart. The User can view the selected products in the shopping cart at any time and make changes to the desired order, provided that the ordering process has not yet been completed. Any input errors can be removed, or the number corrected in the shopping cart by changing the number of items placed in the shopping cart or by deleting them from the shopping cart.

29.7   Once the User has entered and confirmed the information required for processing the order, the User is taken to an overview page. On the overview page, the User can review and, if necessary, change the products previously placed in the shopping cart and information on the delivery and payment terms. By completing the order process, the User makes a legally binding Offer to conclude a purchase contract for the Putzmeister products placed in the shopping cart by the User.

29.8   The text of the contract is not stored and not made available to the User.

29.9   Putzmeister may impose delivery and billing blocks ("Blocks") for certain Companies. As long as there is a Block for the Company, the User can still use the Web Store. However, the orders sent will not be processed until the outstanding invoices have been paid and the corresponding Block for the Company has been revoked. If there is a Block for the Company, the User will be informed about it in the Web Store.

29.10   If no prices are indicated for the Putzmeister products, these can be requested from Putzmeister non-bindingly. In these cases, ordering via the Web Store is not possible.

29.11   Putzmeister tries to describe the products offered in the Web Store as accurately as possible with pictures and text. Nevertheless, not all products can be identified without doubt from the images and texts given in the Web Store catalog. In case of doubt, Putzmeister should be consulted for identification of the correct part before ordering.

Status: April 1st, 2025