Hünnebeck Deutschland GmbH (“Hünnebeck”) provides fresh concrete processing companies (hereinafter referred to as “users”) with this application, which can be used to calculate the concreting speed and the dimensioning of the concreting pressure (hereinafter referred to as “concrete pressure calculator”). The basis of the concrete pressure calculator is DIN 18218 as of 2010-01. By using the application, the user agrees to the following terms of use:
1. The terms of use of the Hünnebeck concrete pressure calculator apply exclusively to business transactions with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or a special fund under public law. They apply exclusively to the use of the concrete pressure calculator. The remaining business relationships between “Hünnebeck” and the user are not affected by these conditions. Unless another contractual agreement has been expressly made, these conditions apply exclusively to the use of the concrete pressure calculator. The application of the user's general terms and conditions is excluded.
2. There is no right to the application being made available by “Hünnebeck”. Hünnebeck does not guarantee the availability of the application, the concrete pressure calculator or technical trouble-free access at all times. The user undertakes to have the concrete pressure calculator operated exclusively by qualified persons who have the necessary knowledge regarding the processing of fresh concrete. The use of the app requires that the rules for creating and placing concrete in accordance with DIN 1045/Part 2 are adhered to. The concrete pressure calculator cannot calculate results for low concreting speeds (less than 0.5 m/h).
3. The parties agree that a concrete pressure calculator that works error-free for all conceivable application conditions is not technically possible. Hünnebeck therefore assumes no warranty and makes no representations that the calculations determined using the concrete pressure calculator are accurate. In particular, Hünnebeck does not guarantee the accuracy of the calculation results of the concrete pressure calculator. Any warranty claims due to any material or legal defects are excluded. The user is therefore obliged to carefully check the results of the concrete pressure calculator. If there are indications that the calculation results of the concrete pressure calculator could be incorrect, the user is obliged to check the calculation results using their own calculations. In addition, the user is obliged to use anchor systems that can bear the expected anchor loads. The user is responsible for providing explanations and proof in order to comply with the aforementioned inspection and usage obligations.
4. Liability
Liability for breach of contractual and non-contractual obligations remains unaffected. Both your liability and Hünnebeck's liability for intent, gross negligence and product liability are governed by statutory regulations. In cases of simple negligence, Hünnebeck is only liable for the breach of essential contractual obligations. In this case, liability is limited to the typical damage foreseeable at the time the contract was concluded. Essential contractual obligations exist if the exemption from liability relates to an obligation, the achievement of which enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely. The rules regarding the burden of proof remain unaffected. To the extent that Hünnebeck's liability is excluded or limited, this also applies to the personal liability of Hünnebeck's employees, employees, employee representatives and vicarious agents.
5. Costs / further development
Currently, the concrete pressure calculator is provided to users free of charge. Hünnebeck is not obliged to further develop the concrete pressure calculator.
6. Intellectual Property, Contractual Penalty
Hünnebeck is the owner of all copyrights and other intellectual property rights with regard to the concrete pressure calculator. The use of the concrete pressure calculator does not result in the user being granted any further rights than the one-time use of the concrete pressure calculator. At the same time, the user is prohibited from making the concrete pressure calculator commercially usable beyond the purpose of these terms of use, in particular by selling or renting it to third parties. For every case of culpable violation of the aforementioned prohibitions, the user undertakes to do so, excluding the objection of continuation A contractual penalty of EUR 3,500 must be paid. Hünnebeck reserves the right to assert any additional damages.
7. Other
The place of jurisdiction for all disputes arising from the usage relationship is Düsseldorf. Hünnebeck also expressly reserves the right to bring legal action at the user's legal place of jurisdiction. The law of the Federal Republic of Germany applies. Should individual provisions of these conditions be or become invalid or unenforceable, the remaining provisions remain unaffected. In such a case, the parties undertake to replace the ineffective or unenforceable provision with an effective and enforceable provision that corresponds as closely as possible to the actual and economic purpose of these conditions. The same applies to a gap in the conditions.
8. Contact Hünnebeck
Questions regarding the use of the concrete pressure calculator can be sent by email to the following email address: [email protected].
