These Terms and Conditions (Terms) solely govern the sale by Hella, Inc. (“Hella”) of Hella Gutmann hardware and software (together the “Products”; individually the “Hardware” and the “Software”) to Customer. Hella expressly rejects any other terms and conditions.
The Parties agree that Customer will acknowledge acceptance of these Terms upon the first electronic access to the Software. Hella reserves the right to make amendments to these Terms and Customer will acknowledge its acceptance electronically of any amendments before accessing the Software (by first delivery and every new software update).
If Customer pays in full either on its own account or through a third-party financing group, title will pass to Customer or the financing group as the case may be at the time of payment. Risk will transfer in accordance with section 2 above.
If Customer negotiates a financing agreement with Hella, Hella will retain title and not risk until such time as the final payment is made in accordance with the financing agreement concluded between the Parties.
In addition to the hardware Products purchased in accordance with the Terms, Hella hereby grants a limited, non-exclusive license (the “License”) to access and use the diagnostic information (the “Information”) embedded in the hardware Product or accessible through the hardware Product . The Information includes the proprietary diagnostic information formulated by Hella.
For the first year of this agreement, Hella will provide updates to the Information without charge. Thereafter, Hella will charge an annual fee, payable in advance, for all updates to the Information.
In its use of the Information, Customer may only load, install, display and run the Information on the diagnostic tool(s) for which it is intended.
Customer may not assign, transfer or sub-license the Information without the prior written consent of Hella.
Hella reserves the right to cancel the License at any time for any breach of the License by Customer. See also “Indemnification” below.
HELLA WILL MAKE ALL REASONABLE EFFORTS TO ENSURE THE COMPLETENESS AND ACCURACY OF THE INFORMATION BUT HELLA DOES NOT WARRANT THE COMPLETENESS OR THE ACCURACY OF THE INFORMATION. HELLA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OF ANY NATURE ARISING FROM THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION.
CUSTOMER ACKNOWLEDGES THAT THE INFORMATION LICENSED TO CUSTOMER IS A DIAGNOSTIC TOOL ONLY. HELLA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR DAMAGES OF ANY NATURE ARISING FROM THE USE OF THE INFORMATION BY CUSTOMER IN ITS DIAGNOSIS OF ANY ISSUE TO WHICH IT APPLIES THE INFORMATION.
Unless otherwise agreed in writing, Hella offers a one (1) year limited warranty to repair or replace only the hardware Product normal wear and tear excluded. Parts subject to wear such as the OBD connector, USB cable and [lithium battery] have a warranty for manufacturing defects only.
The warranty covered under this Section 9 is void if: (a) the Customer modifies or allows third parties to modify the hardware Products without Hella’s written consent; and (b) if Customer does not exercised the reasonable care and control of the Products having particular regard to where the Products are being used.
Customer is responsible for inspecting the Products upon delivery and notifying Hella immediately of any defects.
The term of this warranty is one year from the date of delivery.
HELLA DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSS OF REVENUE OR PROFITS, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED BY CUSTOMER AS A RESULT OF CUSTOMER’S USE OF THE INFORMATION OR THE HARDWARE PRODUCT PURCHASED UNDER THIS AGREEMENT.
THIS LIMITATION OF LIABILITY EXTENDS EQUALLY TO ANY INFORMATION PROVIDED TO CUSTOMER USING THE SERVICES OF THE HOTLINE PURCHASED UNDER A SINGLE OR COMPLETE LICENSE PACKAGE.
Customer agrees that its data may be stored for implementing and executing the contractual relationship and that technical data may be stored for performing data audits relevant to data security, statistical analysis and quality control. The technical data shall be stored separately from personal data and shared only with our contractors. Hella will treat all customer data received confidentially. Hella will only disclose Customer data if required by law or a court of competent authority or with the consent of Customer.
This agreement is governed by the laws of the State of Michigan, USA and the courts of Michigan have exclusive jurisdiction.
The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
If any provision of this Agreement with Customer, including these Terms, is or becomes completely or partially invalid, the validity of the remaining provisions shall not be affected. The completely or partially invalid provision shall be replaced by a provision that best approximates the commercial intent of the invalid provision.
No waiver of any breach of any provision of this Agreement will constitute a waiver of any other breach or waiver of such provision.
These Terms constitute the entire agreement between the Parties and supersede any previous agreement, written or oral.
Customer may not assign or otherwise transfer this Agreement without the prior written consent of Hella. Hella may assign this Agreement to an affiliate or subsidiary that is at least 50% owned by a common parent company.
Neither party shall be liable for any delays or nonperformance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, epidemic, strike or labor dispute, war or other violence, or any other law, order, or requirement of any governmental agency or authority.
The Hella Gutmann Solutions GmbH ensures the continuous actualisation of the contents of this homepage. Despite all due care and attention, some data may however not be up to date any longer. Therefore, we cannot assume liability or warranty for the up-to-dateness, correctness and completeness of the information made accessible. Moreover, we reserve the right to make amendments or supplementations of the supplied information at any time.
This exclusion of liability also refers to other web pages, to which a so-called hyperlink has been provided. The following applies in this case: The Hella Gutmann Solutions GmbH is not responsible for the content of those web pages, that can be accessed by the hyperlink. The content and the construction of this web page are protected by copyright. The reproduction of information or data, especially the usage of texts, parts of texts or pictorial material requires the prior written consent of the Hella Gutmann Solutions GmbH.
WELCOME TO THE HELLA GUTMANN SOLUTIONS BUSINESS GROUP
We are delighted you are visiting our Internet site and wish to thank you for your interest in our company, our products, and our web sites.
HELLA GUTMANN SOLUTIONS RESPECTS YOUR PRIVACY
HELLA GUTMANN SOLUTIONS GmbH, Am Krebsbach 2, 79241 Ihringen, Germany, as operator of the Internet site and responsible authority takes the protection of personal data very seriously. Data protection and information security are part of our corporate policy. Therefore, the protection of your privacy when processing personal data as well as the protection of all business data is an important concern, which we take into account in our business processes. We treat personal data confidentially and only process it in accordance with the legal requirements.
Our Internet pages may contain links to web sites from other providers, to which this data protection declaration does not extend. We have no influence on whether their operators comply with the data protection regulations.
Personal data is information which can be used to learn about your identity. This includes name, address, mailing address, as well as phone number. This does not include information which cannot be connected to your identity, such as the number of users of the web site.
COLLECTING, STORING, AND PROCESSING PERSONAL DATA
When visiting our web sites, we store the name of your Internet service provider, the browser type used, the web site from which you are visiting us, our web sites which you visit, as well as the date and duration of the visit. Additional personal information about you is generally not gathered. This means that you can generally use our web site without disclosing your identity.
If you wish to visit certain areas of our web sites, contact us by phone, or participate in certain activities, additional data may be collected and stored for these purposes. This means that it may be necessary to provide personal data in order to participate in a survey, send an inquiry, or execute an agreement, for example.
Personal data is provided on a voluntary basis. When an inquiry is made over the phone, through our contact form, or via e-mail, the personal data which you provide is stored for the purposes of personal communication with you, and processing the inquiry.
Individual areas of our web sites require a special login. In order to register and/or login, you will be asked for your name and/or other personal information. For areas which are aimed at a specific target group, we use registration in order to identify users from the target group. It is your decision whether or not to enter this data. For some activities, for example the retrieval of certain information, some details are absolutely necessary. You can recognize details that are absolutely necessary as they have been marked with an asterisk in order to signify that they are "mandatory fields". Furthermore, if additional details are requested and they have not been marked as "mandatory fields", then they are considered voluntary details.
USE AND DISCLOSURE OF PERSONAL DATA, PURPOSE OF PROCESSING, AND LEGAL BASIS
We use your personal data for the purposes of technical administration of the web sites, customer management, product surveys, and marketing, only to the extent to which it is necessary and permissible for each respective case. We do not share your data with third parties outside of the HELLA business group without your consent, particularly not for advertising purposes. You can find an overview of the HELLA business group at https://www.hella.com/unternehmen.
Provide that we are required to by law or by court order, we will pass your data onto parties entitled to receive it.
Selected employees in the business group have access to your data to ensure proper operation. These employees are not allowed to use the data for their own purposes. The employees responsible for data processing are committed to maintain confidentiality and data secrecy. Additionally, an adequate level of data protection is ensured
Information about cookies:
A cookie is a small text file which is saved onto your device when you visit an Internet page and which helps to identify your device. Cookies are used to save information when you visit different pages of a web site or return to a web site. They contain no personal information and cannot run any programs which could trigger a virus.
Cookies from this category are saved on the visitor's device, so that the web site functions as intended.
Cookies from this category are used to collect statistical information about a web site's visitors, in order to improve the visitor experience. Collected data is used internally and not disclosed to third parties.
Internet browsers are generally set so that they automatically accept cookies. You can, however, disable the saving of cookies, or set your Internet browser so that you are notified when cookies are sent.
You can disable data collection and data storage with future effect at any time by modifying your Internet browser. To do this, open your browser settings and select the option of blocking third party cookies.
This website uses PIWIK PRO Cloud, a web analysis service provided by PIWIK. PIWIK PRO Cloud uses "cookies" – text files which are saved on your computer or smartphone, in order to help us analyse how visitors use the web site. PIWIK stores and processes information about visitor web site usage generated by the cookies on servers in Germany.
IP addresses are completely anonymized before the collected data becomes accessible to us via PIWIK Suite. It it not possible to reverse IP address anonymization or assign IP addresses to collected data.
This information benefits us by allowing us to evaluate the user activity of visitors to our web site, generate reports about this, and, finally, to improve the web site experience for our visitors. PIWIK will not disclose this information to third parties or use it for marketing or advertising purposes of any type.
We take technical and organizational security measures in order to protect your data that we manage against manipulation, loss, destruction, or access by unauthorized people or unauthorized disclosure. Access to your data is possible only for a few authorized individuals.
Transfer of our web sites and your entries on our web sites via the Internet is generally unencrypted. It can therefore not be precluded that third parties may view and/or access the transferred data. We recommend that you take this into account when deciding whether to submit data to us and which data to submit to us over the Internet. As far as possible we use secure socket layer (SSL) encoding for data transmission on our portals where registration/login is required.
We continually improve and modify our security measures to reflect technological advancements.
We would also like to use your data to inform you about our products and ask you questions about them if need be. Participation in these types of activities is, of course, voluntary. If you do not consent to this, you can contact us at any time so that we can block or delete data for this purpose accordingly. An e-mail sent to the address specified in the imprint is sufficient for this purpose. You can find additional information on the respective local web site.
RIGHT OF ACCESS, RECTIFICATION, ERASURE, RESTRICTION OF PROCESSING, OBJECTION
You have the right to access information about your data at any time, in written or electronic form. Moreover, you have the right to have any personal data blocked or erased, to object to data processing, or to have incorrect data corrected at any time. (Note: if there are country-specific legal storage periods, the data will be blocked for a determined country-specific period of time before the data is deleted.)
RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
You have the right to complain to a supervisory authority should the processing of your data violate any applicable law.
CONTACT DETAILS OF THE DATA PROTECTION OFFICER
You can contact our data protection officer by e-mail or mail should you have any suggestions and complaints regarding the processing of your personal data.
DATA PROTECTION OFFICER
HELLA GmbH & Co. KGaA.
Rixbecker Str. 75
59552 Lippstadt Germany
Status: January 2019
Components under high voltage!
Severe injuries or even death through electric shock!
Regard the following when working on or close to high-voltage systems:
Have the high-voltage system de-energized by an "Expert in working with HV-inherent vehicles".
Any of the working steps shall be done only by "Persons instructed in electronic systems" (EUP).