LiDAT Terms and Conditions
LIEBHERR (the manufacturer of the Liebherr machine or the supplier of the machine with LiDAT hardware) has developed a machine data recording and machine data transmission system (hereinafter referred to as "LiDAT") which enables the USER to obtain data concerning the use of the machine. Depending on the LiDAT package purchased, different data is made available to the USER.
Any use of LiDAT shall be governed exclusively by the following Terms and Conditions. Any general terms and conditions of the USER shall have no effect in relation to the legal relations between LIEBHERR and the USER in connection with the use of LiDAT. By way of clicking on the designated button during registration the USER accepts these Terms and Conditions.
Use of LiDAT by the USER shall be possible after the USER has been registered, activation has occurred and the annual fee has been paid.
LIEBHERR reserves the right to cancel the registration at any time without notice and to suspend the access of the USER in case of false information, breach of these Terms and Conditions or in case of any misuse of LiDAT. In the event of the termination of the contract, no further data shall be made available to the USER.
LIEBHERR grants the USER the non-exclusive and non-transferable right to use LiDAT for the purpose of managing its machinery for the term of the contract.
The USER may use LiDAT according to the provisions of these Terms and Conditions.
The USER agrees to the transmission of data (machine-data and/or position-/time-data) to LIEBHERR and the storage of such on a Liebherr server. LIEBHERR is entitled to use the data among other matters for product improvement, customer service and for the purposes of evaluation. Data may be transmitted to other affiliated companies of Liebherr-International AG, to third parties, if this is necessary to facilitate the features integrated in LiDAT, as well as to the Liebherr dealer responsible for the USER.
The USER alone shall be responsible for any necessary consent of its employees in terms of employment law and/or to data protection requirements.
The USER shall keep the login details (login, password) in safe custody and take all precautions to prevent access by unauthorised persons.
The USER shall pay to LIEBHERR an annual fee for the use of LiDAT, and such shall be charged in advance to the USER. In the event that the annual fee is not paid, data transmission to the USER will be suspended.
In the event that the contract is terminated before the expiry of the term or if the machine is sold or is no longer available for other reasons, the fee will not be reimbursed, not even on a prorata basis.
LIEBHERR warrants that LiDAT conforms to those specifications valid at the time of receipt or those agreed, provided that LiDAT is used according to the installation and system requirements made known by LIEBHERR. If the system requirements include details of third-party software (e.g. operating system), the USER shall use the versions specified. No guarantee is provided as to any compatibility with third-party software versions not yet on the market at the time of the concluding of the contract.
LIEBHERR does not warrant as to the correctness of the data made available. Furthermore, LIEBHERR gives no warranty as to the full system being available without interruption. Interruptions to the availability of LiDAT may occur as a result of the location of the machine or necessary maintenance work. LIEBHERR provides no guarantee that LiDAT is available everywhere. For various reasons, LiDAT cannot be used in or may become unavailable in certain countries. Please contact your LIEBHEER distribution partner if you have questions about the current network availability. Any rights of the USER to claim for damages in connection with the completeness and correctness of data made available or the availability of the data access are hereby expressly excluded.
LIEBHERR shall only be liable if LIEBHERR or its agents and/or legal representatives are responsible for wilful acts or gross negligence.
Unless otherwise expressly agreed in the contract, LIEBHERR hereby expressly excludes any further liability particularly with regard to indirect damage, consequential damage resulting from any defect, unforeseen damage or untypical damage as well as consequential damages of any nature whatsoever such as loss of profit, loss of orders, operational interruption, data loss, expenses for data reconstruction and/or data recovery.
The USER alone shall be responsible for the evaluation of the data. LIEBHERR shall not have any obligation to receive or relay (except to make available to the USER as required by any purchased LiDAT package), analyze, evaluate, or comment on any data it receives.
In case of the resale of the machine by the USER, the USER shall notify LIEBHERR of such demonstrably. In such case, the USER’s right to use LiDAT in terms of this contract shall not be transferred to the BUYER of the machine. In principle, it is also possible that the BUYER can use LiDAT should the BUYER wish to do so.
LIEBHERR shall have no obligation to update LiDAT or to adapt it to modified circumstances (e.g. changed legal situation, new systems, version changeover). LIEBHERR shall have no obligation to continue the availability of the LiDAT system after the term of any current package.
In the event that any provision of these Terms and Conditions is or becomes ineffective or invalid, the effectiveness and validity of the remaining provisions shall not be affected thereby. In such case the invalid of ineffective provision shall be replaced by an effective and valid provision which as closely as possible fulfils the original intent of such provision.
Any supplementary agreements or amendments to these Terms and Conditions must be in writing in order to be effective.
The exclusive legal venue shall be the court with subject matter and territorial jurisdiction for LIEBHERR. These Terms and Conditions shall be governed and construed in accordance with the material law of the state in which LIEBHERR has its seat.