General Conditions for the Provision of Books, Documents and Software
for the delivery of paper-based and electronic publications.
The following General Terms and Conditions (GTC) shall apply to orders placed via the Internet with VDMA Verlag - A Division of VDMA Services GmbH by a customer acting in the course of his commercial or self-employed professional activity (entrepreneur). By confirming these terms and conditions, the customer declares that he is or represents: an entrepreneur, a legal entity under public law or a special fund under public law.
Delivery is subject to availability of the goods. If the work ordered is not on stock, the order will, if possible, be reserved.
In the case of out-of-print works, the customer has the choice of cancelling the order or having himself noted for a possible reprint or a possible new edition. In any case, the customer will be informed immediately about the unavailability of an item.
The shipping costs are borne by the customer. The delivered publishing works remain the property of VDMA Services GmbH until the purchase price has been paid in full. The licence for the use of electronic publications (database access, pdfs, etc.) is granted subject to reservation until the fee has been paid in full.
Some of the articles offered in the shop are reserved for purchase by VDMA e.V. member companies. The automatically generated order confirmation is issued without checking the membership status, so that VDMA Services GmbH reserves the right to invoice at list prices when invoicing or to refuse delivery of titles reserved for member companies if the customer's details prove to be incorrect.
Books shall be delivered by the logistics partner Stuttgarter Verlagskontor on behalf of VDMA Services GmbH, but in its name and invoice. Payments for these deliveries shall be made to the latter's accounts. Licences are issued by VDMA Verlag.
2. Claims for defects and liability
VDMA Services GmbH shall be liable for defects for a period of 12 months and in accordance with the statutory provisions of sales law, unless otherwise stipulated below.
VDMA Services GmbH shall only be liable for damage which has not occurred to the delivery item itself in the event of intent,
gross negligence, culpable injury to life, limb and health, defects which it fraudulently concealed or the absence of which it guaranteed or to the extent that it is liable for
personal injury or damage to property under the Product Liability Act. Further claims are excluded.
3. Delay and other liability
VDMA Services GmbH shall be liable for delays in delivery and other breaches of duty - irrespective of the legal grounds - within the scope and in accordance with Clause 2 of these Terms and Conditions.
4. Use of data collections
Editable files are usually delivered as Word or PDF files. Insofar as VDMA Services GmbH is not bound by authors or publishers to the contrary, printing, extraction of content and publication on the customer's intranet servers is permitted. In the event of a deviating licensing, the corresponding functions are blocked in the delivered document.
Sublicensing to third parties, including parent, subsidiary or sister companies, is not permitted. The use of content in other documents must be made with reference to the source. Publication in printed or digital form of the document or of isolated and unchanged pages is not permitted without the permission of the VDMA Services GmbH.
The customer is obliged to take appropriate precautions to prevent unauthorised access to the files. Original data carriers and backup copies must be stored in a place protected against unauthorised access by third parties.
It is possible to acquire a licence in favour of a third company.
In the case of legal entities, the license extends to users who are bound to the licensee by an employment contract.
Licensees who wish to give access to the licensed document to users who are not bound to the licensee by an employment contract (e.g. public libraries) must
either have their own protection mechanisms to prevent unauthorised use (e.g. a DRM-protected delivery that ensures a time limit on use analogous to the lending)
or acquire a license that grants access to the licensed document stored on the licenser's servers via its own servers.
The licensee must ensure via his systems that only authorized users access the licensed document via the licensee's servers.
The licenser ensures the temporary use of the document with his systems.
Licensees who acquire the license of an electronic document as merchants name the sublicensee as the "shipping address" in the ordering process and grant this sublicense once and to the same extent and under the same conditions as the licenser grants the licensee.
Definition of the scope of the license for
Employees of the licensee
for the Licensed Version
Licensee's Customers and Suppliers
docviewer library license
For the licensed edition
Students and teachers of the licensee
For the licensed edition
Students and teachers of the licensee
unlimited for the licensed edition, technically limited to the publication period of the work
for universities: students and lecturers (no third parties)
The license is granted to the company or institution represented by the customer and to which the customer belongs. The license is not transferable. The licensor reserves the right to block access to the product in case of unauthorized transfer and to terminate the license agreement with immediate effect.
In order to identify unauthorized access, data protection compliant log files are kept on the delivering servers.
For VDMA Specification 24186: In addition to these GTC, the Special Terms and Conditions for the Purchase of an Intranet Server License of VDMA Specification 24186 as well as the Supplementary Terms and Conditions for the Use of VDMA Specification 24186 within the scope of software licensed by the Licensee shall apply.
5. Final provisions
Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, a provision shall be agreed which comes as close as possible to the intended objective.
Place of jurisdiction is Frankfurt am Main. The contract is subject to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods.
The European Commission provides under ec.europa.eu/consumers/odr a platform for out-of-court online dispute resolution (so-called OS platform). We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.