3D-Printing Licence eShop

General Terms and Conditions of EvoBus GmbH for the Sale
of 3D Printing Licenses
– Terms and Conditions for the Sale of Print Licenses –

(Stand: 02/2022)
The following terms and conditions of sale apply to the sale of 3D printing licenses by EvoBus GmbH to commercial customers
  1. Scope
    1. The following terms and conditions of sale apply to all 3D printing licenses for original spare parts for Mercedes-Benz and Setra buses ("Spare Parts") purchased from the 3D Printing License eShop of EvoBus GmbH, Fasanenweg 10, 70771 Leinfelden-Echterdingen, Germany ("EvoBus").
    2. Insofar as a license agreement has been concluded that contains a deviating provision, this shall take precedence over the terms and conditions of sale.
    3. None of the customer’s general terms and conditions of business apply, even if EvoBus has not explicitly objected to them. This non-acceptance shall even apply if the customer refers to its own general terms and conditions of business or purchase in its order confirmation.
  2. Contract Conclusion and Order Process
    1. The subject of the contract is the sale of 3D printing licenses. The customer’s order constitutes an offer to conclude a purchase contract with EvoBus.
    2. The order process comprises the following steps:
      In the first step, the customer must register in the 3D Printing License eShop, create a profile, and then be activated by EvoBus for orders in the 3D Printing License eShop. As part of the registration, the customer specifies which terminal equipment he/she uses to print the spare parts. The prerequisite for activation is that no order, delivery, debtor or other block exists with regard to the customer, that the customer is a domestic customer (address data country: Germany), and that the customer exclusively uses domestic end devices to print the spare parts. In the second step, the customer is shown in the 3D Printing License eShop which printing licenses - or files - are compatible with his/her stored profile. The customer then selects the desired print licenses in the 3D Printing licence eShop by clicking the basket button. Before completing the order process by clicking the “Order (subject to a charge)” button, the customer can check all the details again and amend them if necessary. The terms and conditions of sale are displayed before the order process is completed and can be printed in file format.
    3. If the flat rate license model is selected, the customer is informed in the 3D Printing License eShop that a separate flat rate contract signed by EvoBus will be sent to him/her by mail, which the customer must in turn sign and return to EvoBus by mail. When EvoBus has received, reviewed and approved the flat rate contract signed by the customer, the customer will be authorized by an EvoBus administrator for portal access with the flat rate license model. The customer will be notified by e-mail regarding this authorization as soon as the final activation has taken place. The customer is not entitled to conclude a flat rate contract for the purchase of 3D printing licenses.
    4. When the customer places an order in the 3D Printing License eShop of EvoBus, he/she will receive a message confirming receipt of the order and listing its details (order confirmation). This order confirmation does not constitute acceptance of the offer, but is intended to inform the purchaser that his/her order has been received by EvoBus.
    5. In the case of the purchase of printing licenses, a purchase agreement shall only be concluded once EvoBus has sent the customer the ticket for the transfer of the printing license from one and the same order via the 3D Printing License eShop. No purchase contract is concluded for printing licenses from one and the same order that are not sent by ticket. The order data and order status can be viewed at any time via the "Orders" function in the 3D Printing License eShop.
  3. Usage license
    1. In the case of a single license, the customer receives a single usage license for each print license purchased. The usage license includes permission to print the original Spare Part in the contractually agreed quantity for the customer's own operational purposes of repairing buses.
    2. A concluded flat rate contract entitles the customer, after acquiring a printing license, to print the original spare part in any quantity for the contractually agreed period of time for use for its own operational purposes of repairing buses.
    3. The use of the licensed rights is limited to the printing of the original spare parts for the repair of buses. Any use beyond this is not permitted. In particular, the customer is not entitled to transfer or assign the acquired license rights in whole or in part to third parties.
    4. The licenses are protected by copyright. The printed original Spare Parts feature a manufacturer branding and an A part number. Any further printing is prohibited. It is expressly prohibited to save, modify, edit or in any way make the print file or parts thereof available to third parties for private or commercial purposes.
  4. Prices
    1. In principle, prices quoted are net final prices plus the statutory VAT, if the amount is subject to VAT.
    2. If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his/her commercial or independent professional activity when concluding the purchase agreement, the purchase price shall change in the same proportion as the (list) prices of EvoBus plus the statutory value added tax change up to the date of transfer of the license.
    3. The prices stated for printing licenses are final prices for the right to use the print license as a single license.
    4. If the customer has concluded a flat rate contract with EvoBus, the customer shall pay a monthly basic amount to EvoBus and in return shall receive a discount as agreed on the net list price of the printing license valid at the time the license is purchased. EvoBus reserves the right to increase the price of the flat rate base amount and to change the discount granted. These will be communicated to the customer at least six weeks before the change occurs.
    5. All prices stated on websites, in catalogs, brochures and in the order confirmation sent by EvoBus are non-binding and subject to change without notice and to possible spelling, printing or calculation errors.
  5. Payment
    1. The purchase price for the printing license shall be due for payment upon activation of the printing license by the customer and sending of the invoice by EvoBus, but no later than 14 days after dispatch of the ticket for transfer of the print license by EvoBus to the customer, even if activation by the customer has not yet taken place.
    2. If the customer has concluded a flat rate contract with EvoBus, the monthly flat-rate base amount shall be paid on the first day of each month. The amount is debited by direct debit on the first working day of each month.
    3. If the customer purchases the licenses as a business person concluding the purchase contract on a commercial or freelance basis or as a legal entity, withholding taxes may be payable on the payments made by the customer to the local tax authorities.
    4. The customer can only offset its claims against claims by EvoBus if the customer's counterclaim is uncontested or if a legally binding title exists. This excludes counterclaims by the customer under the same purchase contract. The customer can only assert the right to retention if it is based on claims from the same contractual relationship.
  6. Transfer of license
    1. General information regarding the availability of a license in the 3D Printing License eShop does not represent binding transfer dates.
    2. Partial transfers of licenses in the case of an order for several licenses are permissible insofar as they are reasonable for the customer.
  7. Liability for material defects
    1. EvoBus's liability for material defects shall be limited to the faultlessness of the encrypted 3D print files and the 3D printing licenses transmitted to the customer. Claims for material defects shall be excluded in particular if the customer uses a printer that is unsuitable or defective for printing the replacement part, or uses unsuitable or defective printing materials.
    2. The customer is obliged to inspect the printed spare part immediately in accordance with the diligence of a prudent businessman and, if a defect is found, to not use the Spare Part until the defect has been rectified. The customer shall notify EvoBus of any defects for which EvoBus is responsible immediately after inspection, unless the defect was not apparent during the inspection. If such a defect becomes apparent later, it must be reported immediately after its discovery. The notice of the defect must be issued in writing and must include a concrete description of the defect.
    3. Claims on the part of the customer due to material defects shall become statute-barred one year after transmission of the ticket for transfer of the print license if the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract. There is no sale of licenses to consumers. Other claims will remain unaffected if EvoBus is held liable by law or if an alternative agreement has been concluded, particularly if a warranty has been provided.
    4. The reduced limitation periods in paragraph 3 do not apply for losses arising from grossly negligent or willful dereliction of duty on the part of EvoBus, its legal representatives or its agents, as well as in the case of death, physical injury or damage to health.
    5. Where EvoBus is liable by law for losses caused by simple negligence, its liability is limited as follows: EvoBus will be liable only for the breach of essential contractual obligations, such as those which the purchase contract specifically seeks to impose upon EvoBus, as evidenced by its content and purpose, or without which the due and proper performance of the purchase contract would not be possible and upon whose compliance the user relies and ought to be able to rely. This liability is limited to the typical loss foreseeable at the time the contract was concluded. EvoBus's legal representatives, agents and staff will bear no personal liability for any losses caused by their own simple negligence.
      Clause 4 of this paragraph applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
    6. Regardless of any fault on the part of EvoBus, its liability remains unaffected in the event of fraudulent concealment of a defect, if it has provided a warranty or accepted a procurement risk or is liable under the terms of the German Product Liability Act (Produkthaftungsgesetz).
  8. Liability for other damages
    1. Other claims on the part of the customer not covered by Section VII. Liability for material defects, lapse after the expiration of the standard limitation period.
    2. The provisions of Section VII "Liability for material defects" shall apply mutatis mutandis to other claims for damages against EvoBus.
  9. Term of contract, place of jurisdiction and applicable law
    1. The flatrate contract is concluded for an indefinite period. Both parties are entitled to terminate the flat rate contract at any time with a notice period of four weeks to the end of the month, without giving reasons. In the event of an increase in the flat rate base fee or change in the price discount pursuant to Clause IV.4., the customer may terminate the flatrate contract with immediate effect. Notice of termination must be given by registered letter.
    2. If the customer is a business owner, Stuttgart is the exclusive place of jurisdiction for all present and future claims arising from or in connection with this contractual relationship. EvoBus is also entitled to institute legal action at the registered office of the customer.
    3. The same place of jurisdiction applies if the customer has no general place of jurisdiction in Germany, moves its place of residence or habitual abode abroad after conclusion of the contract, or if its place of residence or habitual residence is not known at the time the action is filed. In other respects, the place of residence the customer is considered as the place of jurisdiction for claims made by EvoBus against the customer.
    4. This relationship between the customer and EvoBus is subject to the laws of the Federal Republic of Germany.
    5. The United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980 is excluded.
    6. Address where a summons may be served:
      EvoBus GmbH, Fasanenweg 10, 70771 Leinfelden-Echterdingen, Germany.
      Domicile and court of registry: Stuttgart, HRB no.: 17 316.
      Directors: Till Oberwörder (Chairman), Peter Rödder, Michael Klein, Mirko Sgodda, Lutz Wittig.
      Chairman of the Supervisory Board: Jochen Goetz.
Last update: February 2022