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General Terms and Conditions of Use for the DORMA Supplier Portal

1. Preamble:

DORMA Holding GmbH + Co. KGaA, hereinafter “DORMA”, operates the DORMA Purchasing Supplier Portal, hereinafter “Supplier Por-tal,” under the domain sourcing.dorma.com. Requests for bids (RFBs) for purchasing requirements throughout the entire DORMA Group are processed via the Supplier Portal. To participate in an RFB or an auc-tion, a vendor must be registered and approved.


2. Registration/Participation Agreement Relationship

2.1 To establish a participation agreement relationship, a vendor must submit an application for registration. Vendors can register by completely and accurately filling out the appropriate form found under the “Request user” button, and sending it back to DORMA.

2.2 DORMA shall review the vendor's data and decide whether the vendor will be registered and granted access to the Supplier Portal through establishment of a participation agreement rela-tionship. In principle, DORMA shall have full discretion in decid-ing whether to accept or reject the application. Applicants shall have no claim to the establishment of a participation agreement relationship or use of the Supplier Portal.

2.3 DORMA shall notify the vendor in electronic format regarding acceptance or rejection of the registration, and in the event the application is accepted, shall inform the vendor that he has been approved as an official vendor through establishment of a corre-sponding participation agreement relationship. The vendor will also be given a password that can be used to gain access to the Supplier Portal.


3. Terms and Conditions of Participation

3.1 Use of the Supplier Portal within the scope of the participation agreement relationship shall occur exclusively based upon these General Terms and Conditions of Use. DORMA may supple-ment, modify, or replace these terms and conditions with addi-tional terms and conditions in individual cases.

3.2 Participation in RFBs, to which the vendor does not in principle have any claim within the scope of the participation agreement relationship established through registration, shall occur based upon the supplemental “General Terms and Conditions for Internet Requests for Bids (RFBs) and Auctions by Companies of the DORMA Group.”

3.3 DORMA may amend the terms and conditions by informing the vendors of the amendments to the terms and conditions (notifi-cation also possible in electronic format). The vendor may sub-mit a written objection to the validity of the amended terms and conditions within a period of 2 weeks after receipt of the notifica-tion. The amendments shall be considered as accepted if the vendor has not filed an objection within the specified period. DORMA shall explicitly inform the vendor regarding his right to object and the significance of his actions. If the vendor objects to the validity of the amended terms and conditions, then DORMA may immediately terminate the participation agreement relation-ship with the vendor.


4. Changes to Vendor Data

4.1 The vendor must notify DORMA immediately via the “My data” button regarding any changes to the data specified in the appli-cation for registration and approval.

4.2 The vendor shall compensate DORMA for any damages in-curred by DORMA as a result of failure to submit notification of changes to data or delayed notification of such changes.

4.3 Moreover, in the event of delayed notification of changes to vendor data, DORMA shall have the right to make use of its right of termination pursuant to Item 10.


5. Password

5.1 Each registered vendor shall receive a password for access to the vendor area of the Supplier Portal. The participant may change the password at any time. In selecting a password, the vendor must ensure that there are no conspicuous repetitions of the same symbol, and that the password does not consist of generally known words and/or names.

5.2 Use of the password by unauthorized third parties and disclo-sure of knowledge acquired through use of the password to third parties is prohibited. The vendor must carefully store the pass-word, and must use it in such a way as to preclude its loss or disclosure to unauthorized third parties.

5.3 In the event that the password is lost, the vendor must inform DORMA immediately (also via e-mail). DORMA shall block the vendor's access to the password-protected area immediately upon receiving notification. The vendor will be given a new password if possible.

5.4 The vendor shall be liable for all damages that occur as a result of use of the password by unauthorized third parties.


6. Duties of the Vendor

6.1 Vendor shall bear the risk for transmission of information and other data up to the DORMA gateway. The vendor must observe statutory regulations, particularly those involving data privacy. The vendor hereby warrants that he will not use or transmit software or other data, run applications, or place contents into the Supplier Portal that contain computer viruses or which may otherwise impair, alter, or destroy technical equipment, software, or data belonging to DORMA or third parties. In addition, the vendor shall be prohibited from undertaking actions that violate good morals, commercial property rights, copyrights, or other proprietary rights of DORMA or third parties, from entering, sav-ing, or sending hyperlinks or contents for which the vendor is not authorized, and from violating applicable law in any other form.


7.  Copyright/Trademark Law

7.1 The pages of the DORMA Supplier Portal are subject to copy-right protection. In particular, any reproductions and adaptations or revisions are subject to copyright protection, and shall be permissible only with the prior written consent of DORMA.

7.2 The product descriptions and/or product designs on the pages of the Supplier Portal are predominantly registered trademarks of the companies of the DORMA Group or third-party companies. Any unapproved use or misuse of these trademarks is explicitly prohibited and shall constitute a violation of the provisions of copyright law.


8. Hyperlinks

8.1 The Supplier Portal may contain hyperlinks to websites of third par-ties. DORMA does not assume any responsibility for the contents of these websites, nor does it adopt these websites and their contents as its own. DORMA does not monitor these websites and their contents, and DORMA is not responsible for the contents and information con-tained therein. The vendor uses these websites at his own risk.


9. Cookies

9.1 DORMA shall have the right to store “cookies” on the vendor's com-puter during use of the Supplier Portal. These cookies allow the ven-dor to be automatically identified as a user upon his next use of the Supplier Portal. The vendor shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.


10. Termination/Cessation of Supplier Portal Operations

10.1 Both DORMA and the vendor shall have the right to terminate the participation relationship for the Supplier Portal at any time with immediate effect by means of a unilateral written declara-tion (also via e-mail).

10.2 DORMA shall notify the vendor via e-mail regarding the cessa-tion of Supplier Portal operations. This shall also apply as termi-nation of the participation agreement relationship pursuant to 10.1.

10.3 In the event of termination or cessation of Supplier Portal opera-tions, DORMA shall delete all user data and all other stored per-sonal information of the vendor, so long as these are no longer required for contractual purposes.


11. Liability

11.1 DORMA shall not be liable for the availability and quality of the Supplier Portal.

11.2 In addition, except for cases of willful intent or gross negligence, DORMA shall not be liable for damages, on any legal grounds, arising from usage, unavailability, or other hardware or software errors of the Supplier Portal. In particular, the absence of viruses cannot be guaranteed. Prior to downloading information and data, the vendor shall therefore provide appropriate security measures and virus scanners. Downloading or other accessing of information and data when using the Supplier Portal shall oc-cur at the user‘s own risk.


12. Data Privacy

12.1 DORMA shall observe the applicable provisions of the data privacy laws when collecting, using, and processing the vendor’s personal data.

12.2 The vendor hereby explicitly agrees to the permanent storage and use by DORMA of data provided by the vendor within the scope of the reg-istration procedure for all purposes associated with operation of the Supplier Portal.

12.3  DORMA is entitled to also grant a right of usage to any cooperation partner and to make supplier data available to them.

13. Miscellaneous Provisions

13.1 Should individual provisions of these Terms and Conditions of Use be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Con-ditions of Use. In such a case, the parties shall by mutual con-sent replace the invalid provision with a provision that is best suited to achieve the desired commercial purpose, given con-sideration of both parties' interests. This shall apply mutatis mu-tandis for provisions required to fill any gaps in the arrange-ments.

13.2 If the vendor is a merchant [Kaufmann] as defined by the Ger-man Commercial Code, the venue for any disputes arising in conjunction with use of the Supplier Portal shall be Düsseldorf.

13.3 This agreement shall be governed by and construed in accor-dance with German law, with the exception of the regulations on application of competing or conflicting laws.

 

DORMA Holding GmbH + Co. KGaA

 



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