Terms of Service

General terms of use

1. Area of application

1.1. The use of the  web pages (in the following: "Baumüller website") provided by the Baumüller Holding GmbH & Co. KG and/or its subsidiaries "Baumüller") is permitted exclusively on the basis of these General terms of use. These General terms of use can be added, modified or replaced by more terms and conditions.  The General terms of use are accepted in their particular version by logging in or or by taking up the use of the Baumüller website if a separate log-in shouldn't be necessary.

1.2. Providing the user is using the Baumüller website as /for a business which means performing commercial purposes or self-employed occupational activities or for a public corporation, then section 312e (1) s.1 no. 1 - 3 of the German Civil Code (BGB) doesn't apply.

1.3. At web offers directed to companies or public corporations, the accordant company or public corporation is represented by the user and is attributed to his actions and knowledge.

2. Services

2.1. The Baumüller website provides Baumüller information and software and the manual to retrieve or download where necessarry.

2.2. Baumüller reserves the right to shut down the Baumüller website completely or partially. Baumüller assumes no liability for the continuous availability of the Baumüller website.

3. Registration, password

3.1. Individual pages of the Baumüller website are protected by a password. Registered users only are permitted to enter these pages on behalf of the safety of the business transactions. There is no legal claim to registration. Baumüller is entitled to protect pages which originally were freely accessible  by a registration. At all times Baumüller is entitled to take back the access authority by blocking the login data without having to give reasons.

3.2. After registration has been made the user receives a user name and a password (in the following: "user data"). After the first access the user should change the password which was given to him by Baumüller to a password which the user knows, only. The user data enables the user to check and change his data as well as to withdraw given consents for the processing of  the data

4. Rights of use of information, software and documentation

4.1. The use of the information, software and documentation provided by the Baumüller website are exposed to these conditions or when having information-, software or documentation updates to the relevant  license terms which were agreed upon previously. Special license agreements which were agreed upon are the first priority - e.g. downloading software. 

4.2. Baumüller grants the user a non-exclusive and non-transferable right, to use the information, software and documentation of the Baumüller website as agreed upon or (if nothing was agreed upon) as it accords to the pursued purpose of provision and temporary cession by Baumüller.

4.3. Neither information and software nor documentations may be distributed, leased or in an other way  be passed to third parties by the user. Unless the mandatory legal regulations permit something else the user may not change , reconvert or decode the software/documentation nor extract program elements.  The user is permitted to  make a backup copy of the software, if this copy is required referring to the safety of future usage based on these terms of use.

4.4. All information, the software and the documentation provided on the Baumüller website are intellectual property which are protected by national and international laws and agreements. The user must observe to these rights - especially not to remove alphanumerical identification codes, trademarks and copyright notices - neither from the information, the software, the documentation nor from the copies.

5. Intellectual property

All texts, graphics, audio files, video files and animation files are protected by copyright. All rights to the self-provided objects remain the exclusive property of Baumüller. The user will observe these rights. The sections 69a et seq. copyright law remain unaffected.

The all or part of reproduction, distribution, modification or use of the Baumüller website (electronical or in another way) is prohibited for public or commercial reasons without prior agreement of Baumüller. In particular this applies to trademarks and brand names, type plates and company logos of Baumüller as well as its subsidiaries.

Besides the explicitely granted rights in the terms of use referring to the provision of information, software and documentations by Baumüller, the user  shall not be granted any further rights of any kind - in particular to the copyright law, the company names and to industrial property rights like patents, utility models, design patents or trademarks. Baumüller is not responsible to concede such rights.

6. Obligations of the user

6.1. During the use of the Baumüller website the following is prohibited:

  • To offend against good manners.
  • To infringe against the industrial property rights and copyrights or other proprietary rights.
  • To transmit contents containing viruses, so-called Trojan Horses or other programminings which could damage the software.
  • To transmit, save or send  hyperlinks or contents which the user wasn't authorized to do, especially if these hyperlinks or contents violate the obligation to confidentiality  or are illegal.
  • To distribute advertisments and unrequested emails (spam) and incorrect warnings against viruses, malfunctions or the like. Also the request to participate in competitions, snowball systems, chain letter games, pyramid schemes or comparable actions.

 6.2. Baumüller may block the access to the Baumüller website at any time, in particular if the user infringes the obligations of the terms of use.

7. References and links

The Baumüller websites contain links to other pages in the internet. Baumüller declares that the linked pages on its site contained no illegal contents at the time of linking them to the Baumüller website. Baumüller cannot influence the current and the future design as well as the contents of the linked pages. Therefore, Baumüller assumes no responsibility in matters of being up-to-date, correctness, completeness and quality of the information provided there and dissociates itself expressly from all contents of these pages, which were changed after Baumüller linked it. This statement applies to all links to external pages and their contents on the Baumüller website.

8. Liability to material defects and defects of title

8.1. Insofar as information, software or documentation are made available free of charge, any liability is excluded to material defects and defects of title of the information, software and documentation , in particular to their correctness,  accuracy, freedom of property rights and copyrights of third parties, completeness and/or usability - except in the case of intention and fraudulent intent.

8.2. The information on the websites merely contain general descriptions or features which do not always applyas the described type or which could have changed due to further developments of the products. The required performance features are  bindingly if they were explitcitly agreed upon a contract, only.

8.3. The documentations were prepared carefully. However, the described products are continuously developed. This is why the documentation(s) cannot always have been completely checked upon its performance data, standards or other features. If technical or editorial errors occur we reserve the right to change these at any time and without prior notice. From the specifications, figures and descriptions in this documentation no claims on changes can be asserted to products, which already have be delivered.

9. Other liability, viruses

9.1. The liability of Baumüller for material defects and defects of title conform to the provisions under No. 8 of the Terms of use. Apart from that, Baumüller excludes any liabilities unless the liability is obligatory - as for example referring to the product liability law, intent, severe negligence, loss of life, bodily harm and injury, or illness, because of the acceptance of a quality warranty, because of fraudulent concealment of a defect or because of the misconducting fundamental contractual obligations. However, the recovery of damages because of violation of fundamental contractual obligations is limited to the contractual-characteristic predictable damage, provided there is  no malicious intent or gross negligence.

9.2. Even though Baumüller is anxious to keep its website virus-free, Baumüller doesn't guarantee a virus-free website. Before downloading information, software and documentations the user should provide adequate safety devices as well as a virus scanner for his own safety.

10. Final remarks

10.1. Additional agreements require a written form.

10.2. If parts or  individual terms of this text no longer comply with the currently legal status, the content and the validity of the other parts in the document are unaffected.

10.3. Place of jurisdiction is Nuremberg if the user is merchant within the meaning of the German Commercial Code (HGB).

10.4. Baumüller Holding GmbH & Co. KG and/or its subsidiaries operate and account for the individual pages of the Baumüller website. The requirements of the particular country where the registered seat of the company is are considered within the pages. Baumüller assumes no responsibility to information, software and/or documentations being downloaded from locations outside the affected country. If users access Baumüller websites at locations outside the respective country they are exclusively responsible to the relevant provisions of the  particular national law. The access to information, software and/or documentations on the Baumüller website from countries, where this access is illegal, is prohibited. In this case and in case the user would like to get in business relations with Baumüller, the user must contact the accordant country for further information.

10.5. German right applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).