Legal Terms & Conditions
TERMS AND CONDITIONS
BY CONTINUING TO ACCESS THIS WEBSITE YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, YOU SHOULD LEAVE THIS WEBSITE
IMMEDIATELY.
§ 1 SCOPE
BENTLEY MOTORS (referred hereinafter as “ Bentley”), provides service information in electronic form and as mail-order items to dealers and private individuals, exclusively under the following Terms and Conditions. This also applies in the event of contrary purchasing conditions on the part of the customer. Bentley does not recognise such conditions and declares them null and void. Only the Manager of the Legal Department is entitled to make divergent agreements on the part of Bentley.
The General Terms and Conditions applicable at the time of ordering apply. The current contractual language is English.
§ 2 SUBJECT OF THE AGREEMENT
The subject of this agreement is the use of electronic service information needed to make use of the OBD system and other such information needed for diagnostic repairs on Bentley vehicles.
Further service information is available as an item for dispatch in paper and book format and is also available on CD.
The subscriber (hereinafter referred to as Subscriber) to the electronic service information acquires the right to utilise this data on his/her PC (to make it visible) and to print it out. The service information will be continually updated.
§ 3 LIABILITY
(1) The following Bentley liability stipulations apply to all claims for damages and liability cases, regardless of the legal grounds on which they are based except for:
- the subscriber’s claims for damages resulting from injury to life and limb or health,
- the subscriber’s rights and claims in the case of wilful concealment of a fault by Bentley or due to the absence of a characteristic for which Bentley grants warranty, the subscriber’s claims and rights which arise from deliberate or gross negligence on the part of Bentley itself, its legal representatives or vicarious agents and the subscriber’s claims pursuant to product liability law.
For the aforementioned exceptions, the statutory provisions apply.
(2) In all other cases of negligence, Bentley accepts liability only in the event of a breach of its significant obligations (cardinal obligations) and in such cases, the compensation awarded is limited to that for damage deemed typical and foreseeable on the part of Bentley upon conclusion of the agreement. Otherwise, Bentley accepts no liability for any slight or mere negligence in the case of damage caused.
(3) Insofar as Bentley is liable in accordance with the aforementioned stipulations in section (2), liability is limited to €10,000 per claim. In the event of the threat of higher damages, the subscriber shall inform Bentley in due time, so that the parties to this agreement can change this limit, and Bentley can insure against such damages as it sees fit.
Non-tortious liability on the part of Bentley with regard to statutory rental or similar licence conditions for faults already existing prior to conclusion of the agreement is expressly excluded.
The statutory periods of limitation apply.
§ 4 RIGHTS OF USE
The subscriber has the right to install the electronic service information on a computer for his own use. The subscriber is entitled to use the service information and Mail Order Items during the period for which he has paid, within the scope determined by the format.
Beyond the scope of the rights granted to him, the subscriber is prohibited from producing or commissioning the production of copies of the electronic service information and Mail Order Items, the data or parts thereof, and making them accessible to third parties via communication networks.
§ 5 OTHER PROVISIONS
The contractual relationship and the associated legal relationships are subject to English law. The legal venue for any dispute arising with regard to this agreement is Crewe, unless a different legal venue is stipulated by binding statutory regulations. Bentley is also entitled to institute legal proceedings at the subscriber’s general legal venue.
Should any provision of this agreement be or become invalid, or should the agreement contain any omissions, the legal validity of the remaining provisions is unaffected thereby. A valid provision which comes closest to the economic intent of the parties is deemed to have been agreed upon in place of any invalid provisions, the same applies in the event of omissions.
§ 6 CHANGES TO GENERAL TERMS AND CONDITIONS OF THE SERVICES, RESTRICTIONS
Bentley reserves the right to change these Terms and Conditions insofar as such changes may be deemed reasonable for the subscriber, under consideration of the interests of Bentley. This applies in particular when the changes are without economic detriment to the subscriber, e.g. in the case of changes to the registration process, changes of contact persons, changes to or completion of the service information offered etc. as well as modifications to the Terms and Conditions owing to amendments in laws, altered or new services, functionality or content.
Use of and/or access to the services may be temporarily restricted or interrupted owing to the maintenance or further development of the BSI-Website.
Should the subscriber not be in agreement with changes to the Terms and Conditions, he is entitled to terminate this agreement with immediate effect at any time. Changes to the Terms and Conditions are deemed to have been accepted by the subscriber if he continues to use one or several BSI-Website services after one month has elapsed following entry into effect of the Terms and Conditions.
Bentley reserves the right to update, change or discontinue the functions of individual services. Bentley also reserves the right to discontinue services completely.
