Promatec International AG: General Terms of Service
Promatec International AG
General Terms of Service
Legal Agreement
This document constitutes a legal agreement between the business entity you are authorized to represent ("Company") and Promatec International, AG. and/or its subsidiaries. The individual who accepts this agreement warrants that they are authorized to act on behalf of the Company. By utilizing Promatec Service ("Service") for purchasing or selling used industrial and technological equipment ("Equipment"), the Company agrees to all terms and conditions outlined herein. This agreement includes these General Terms of Service, as well as the Promatec Buyer Terms of Service and/or Promatec Seller Terms of Service, depending on whether the Company is operating as a buyer or seller. These additional terms are incorporated into this agreement.
1. Membership
The Service is available exclusively to business entities whose authorized representatives complete and submit the registration form. Upon acceptance of the completed registration form, the entity becomes a member.
2. Modifications to Terms
Promatec reserves the right to amend this Agreement at any time. Any changes will become effective once posted. Amendments to this Agreement may only be made in writing and must be signed by both parties. Continued use of the Service after the posting of an amended Agreement signifies the Company's acceptance and agreement to the new terms.
3. Nature of Services Provided
A. Promatec provides a platform that connects members interested in selling Equipment ("Sellers") with those seeking to purchase Equipment ("Buyers"). All decisions regarding buying and selling Equipment are made by the Company or its authorized agents or employees, and the Company assumes full responsibility for these decisions.
B. Promatec does not control the quality, compatibility, safety, or legality of Equipment offered for sale, nor the terms and conditions of transactions between Buyers and Sellers. The Company agrees to release Promatec (including its officers, directors, stockholders, employees, and agents) from all claims, demands, and damages arising from the use of the Service, including disputes with other members. The Company further agrees to attempt to settle any disputes with other members directly. If the Company is a resident of a jurisdiction that states, "A general release does not extend to claims which the creditor does not know or suspect exists in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," this provision applies.
C. Promatec may collect fees from both Buyers and Sellers but does not act as an agent for either party. Compensation may be received in the form of a spread between the Seller's acceptable sales price and the Buyer's offer. PromatecPromatec International AG: General Terms of Service
Promatec International AG
General Terms of Service
Legal Agreement
This document constitutes a legal agreement between the business entity you are authorized to represent ("Company") and Promatec International, AG. and/or its subsidiaries. The individual who accepts this agreement warrants that they are authorized to act on behalf of the Company. By utilizing Promatec Service ("Service") for purchasing or selling used industrial and technological equipment ("Equipment"), the Company agrees to all terms and conditions outlined herein. This agreement includes these General Terms of Service, as well as the Promatec Buyer Terms of Service and/or Promatec Seller Terms of Service, depending on whether the Company is operating as a buyer or seller. These additional terms are incorporated into this agreement.
1. Membership
The Service is available exclusively to business entities whose authorized representatives complete and submit the registration form. Upon acceptance of the completed registration form, the entity becomes a member.
2. Modifications to Terms
Promatec reserves the right to amend this Agreement at any time. Any changes will become effective once posted. Amendments to this Agreement may only be made in writing and must be signed by both parties. Continued use of the Service after the posting of an amended Agreement signifies the Company's acceptance and agreement to the new terms.
3. Nature of Services Provided
A. Promatec provides a platform that connects members interested in selling Equipment ("Sellers") with those seeking to purchase Equipment ("Buyers"). All decisions regarding buying and selling Equipment are made by the Company or its authorized agents or employees, and the Company assumes full responsibility for these decisions.
B. Promatec does not control the quality, compatibility, safety, or legality of Equipment offered for sale, nor the terms and conditions of transactions between Buyers and Sellers. The Company agrees to release Promatec (including its officers, directors, stockholders, employees, and agents) from all claims, demands, and damages arising from the use of the Service, including disputes with other members. The Company further agrees to attempt to settle any disputes with other members directly. If the Company is a resident of a jurisdiction that states, "A general release does not extend to claims which the creditor does not know or suspect exists in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," this provision applies.
C. Promatec may collect fees from both Buyers and Sellers but does not act as an agent for either party. Compensation may be received in the form of a spread between the Seller's acceptable sales price and the Buyer's offer. Promatec may also pay or receive remuneration from third parties assisting in transaction facilitation, which may take the form of financial credits, monetary payments, or reciprocal business arrangements.
5. Links
Promatec may provide links to other websites or resources. The Company acknowledges that Promatec is not responsible for these external sites or resources and does not endorse or accept liability for their content, advertising, products, or other materials.
6. Company Conduct
A. No Illegal or Deceptive Acts. The Company agrees to comply with all applicable laws and regulations; not to impersonate any person or entity or misrepresent its affiliation; to adhere to all laws regarding the transmission of technical data (including encryption data) exported from Switzerland through the Service; and not to use the Service to harvest information about other members, including financial information.
B. The Company will fully adhere to all applicable export control laws, regulations, rules, and orders, both of Switzerland and other relevant jurisdictions. The Company will not export, re-export, release, or transfer any Equipment, or enter transactions for prohibited uses or with prohibited countries, entities, or individuals listed on various restricted lists, without first obtaining written authorization from the appropriate government authority at its own expense. Promatec reserves the right to cancel any sale at its sole discretion if it determines that the sale may violate export control or similar laws.
C. System Integrity. The Company agrees not to upload or distribute files containing viruses or corrupted data; not to interfere with or disrupt networks connected to the Service; not to use any device or software to disrupt the proper functioning of the Service; and not to impose unreasonable or disproportionate loads on Promatec’ s infrastructure. The Company must keep all confidential information secure, including drawings, technical specifications, cleaning procedures, sales agreements, and internal policies marked as "CONFIDENTIAL" or disclosed verbally as confidential. Disclosure is only permitted to officers, employees, or agents who require the information and are bound by confidentiality and non-use obligations. The Company must take all reasonable precautions to prevent unauthorized disclosure. Unauthorized use or disclosure will cause irreparable harm to the owner, entitling Promatec or the owner to seek injunctive relief.
D. Copyright Infringement. If the Company posts or makes available materials that infringe third-party copyrights, Promatec will terminate the Company's access in accordance with its copyright policy, pursuant to the Digital Millennium Copyright Act. Complaints regarding infringing material should be sent to Promatec’ s Designated Agent at customer service@promatec-ag.com. Promatec will investigate complaints and, if necessary, remove or block access to infringing material and notify the posting member.
The Company acknowledges that all content on the Service is protected by copyright, trademark, and other intellectual property laws. The Company may not copy, reproduce, distribute, or create derivative works from this content without written consent. Promatec owns all content and data on the Service and has unlimited rights to use it as it sees fit.
E. Non-circumvention. The Company will not purchase Equipment, parts, or materials first introduced via the Service, nor sell items inspected by prospective buyers introduced by Promatec, without paying all applicable fees, commissions, or charges due to Promatec.
F. No Cheating. The Company will not engage in bid manipulation, use aliases or decoys, or place false bids. All transactions must be conducted transparently and reflect market values.
7. Disclaimer of Warranties
The Company expressly agrees that use of the Service is at its own risk. The Service is provided "as is" and "as available." Promatec disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising from trade usage, course of dealing, or performance. Promatec does not guarantee that the Service will meet the Company's requirements, be uninterrupted, timely, secure, or error-free, nor does it guarantee the accuracy or reliability of any content or information obtained through the Service. Any material or data downloaded or obtained through the Service is at the Company's risk, and the Company is solely responsible for any damage to its systems or loss of data resulting from such downloads.
Promatec makes no warranty regarding any Equipment, products, or services purchased or obtained through the Service or any transactions conducted through the Service.
Some jurisdictions may not permit certain exclusions of warranties; therefore, some exclusions may not apply.
8. Limitation of Liability
The Company agrees that neither Promatec nor its officers, affiliates, directors, shareholders, agents, or employees will be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, earnings, business opportunities, damages, expenses, or costs ("Losses") resulting from the Company's use or inability to use the Service. This includes, but is not limited to, losses from mistakes, omissions, interruptions, errors, defects, delays, account termination, disclosure of identity, intellectual property infringement claims, Equipment failure, seller or buyer defaults, third-party service provider acts or omissions, or conditions beyond Promatec’ s control (such as government restrictions, strikes, war, or natural disasters). If liability is determined, Promatec’ s aggregate liability is limited to the amount of fees or commissions collected from the Company related to the disputed transactions.
9. Indemnification
The Company agrees to indemnify, defend, and hold harmless Promatec, its parent companies, subsidiaries, affiliates, directors, officers, shareholders, and employees from any claims or demands, including attorneys' fees, arising from the Company's use of the Service, violation of this Agreement, infringement or violation of any rights by the Company or any party using the Company's password, possession, purchase, use, or transfer of Equipment, failure to complete a sale, breach of warranties, or any violation of terms or conditions.
10. Termination and Effect
Promatec may modify or terminate access to the Service at any time, with or without cause, and without liability. Termination will be communicated via written or electronic notice. If the Company objects to any terms or modifications, or is dissatisfied with the Service, its sole remedy is to discontinue use. Upon termination, the Company's rights to use the Service cease immediately, and Promatec may delete the Company's account files and bar further access. Promatec may also terminate the Company's access if the Service is not used at least once within any three-month period.
11. Notices
All notices must be in writing and may be delivered via email to w.schulz@promatec-ag.com for Promatec, or to the email address specified by the Company, or any other address as specified. Notices may also be sent by certified mail, postage prepaid. Promatec may broadcast notices or messages on the website, which will constitute official notice to the Company.
12. Arbitration
Any claim or controversy related to this Agreement will be resolved by final and binding arbitration in Zürich or Baselland, conducted by one arbitrator under the Commercial Arbitration Rules in effect at the time. Arbitrators may not add to or detract from the parties' agreements or award punitive, exemplary, consequential, special, indirect, or incidental damages, except where the Company violates Section 6. Damages are limited to specified in Section 8, unless Section 6 is violated, in which case no such limitation applies. Arbitration awards may be entered and enforced in courts of competent jurisdiction. Parties retain the right to seek injunctive or provisional relief to compel arbitration, enforce awards, or prevent disclosure of trade secrets or intellectual property violations.
13. General Provisions
If any provision of this Agreement is found invalid, unenforceable, or void, the parties agree that a court or arbitrator may replace it with a valid provision as similar as possible. Promatec’ s failure to act regarding a breach does not waive its right to act on future or similar breaches. This Agreement is governed by the laws of Switzerland, without reference to choice of law provisions. The Company consents to exclusive jurisdiction in the state and federal courts located in Baselland/Zürich.
This Agreement, including the Buyer and/or Seller Terms of Service and any modifications made pursuant to Section 2, constitutes the entire agreement between the parties regarding its subject matter. Nothing in this Agreement shall be construed to establish either party as the agent, representative, joint ventures, franchisor/franchisee, or partner of the other for any purpose.
Promatec International AG , CH-4153 Reinach, Herrenweg 11
may also pay or receive remuneration from third parties assisting in transaction facilitation, which may take the form of financial credits, monetary payments, or reciprocal business arrangements.
5. Links
Promatec may provide links to other websites or resources. The Company acknowledges that Promatec is not responsible for these external sites or resources and does not endorse or accept liability for their content, advertising, products, or other materials.
6. Company Conduct
A. No Illegal or Deceptive Acts. The Company agrees to comply with all applicable laws and regulations; not to impersonate any person or entity or misrepresent its affiliation; to adhere to all laws regarding the transmission of technical data (including encryption data) exported from Switzerland through the Service; and not to use the Service to harvest information about other members, including financial information.
B. The Company will fully adhere to all applicable export control laws, regulations, rules, and orders, both of Switzerland and other relevant jurisdictions. The Company will not export, re-export, release, or transfer any Equipment, or enter transactions for prohibited uses or with prohibited countries, entities, or individuals listed on various restricted lists, without first obtaining written authorization from the appropriate government authority at its own expense. Promatec reserves the right to cancel any sale at its sole discretion if it determines that the sale may violate export control or similar laws.
C. System Integrity. The Company agrees not to upload or distribute files containing viruses or corrupted data; not to interfere with or disrupt networks connected to the Service; not to use any device or software to disrupt the proper functioning of the Service; and not to impose unreasonable or disproportionate loads on Promatec’ s infrastructure. The Company must keep all confidential information secure, including drawings, technical specifications, cleaning procedures, sales agreements, and internal policies marked as "CONFIDENTIAL" or disclosed verbally as confidential. Disclosure is only permitted to officers, employees, or agents who require the information and are bound by confidentiality and non-use obligations. The Company must take all reasonable precautions to prevent unauthorized disclosure. Unauthorized use or disclosure will cause irreparable harm to the owner, entitling Promatec or the owner to seek injunctive relief.
D. Copyright Infringement. If the Company posts or makes available materials that infringe third-party copyrights, Promatec will terminate the Company's access in accordance with its copyright policy, pursuant to the Digital Millennium Copyright Act. Complaints regarding infringing material should be sent to Promatec’ s Designated Agent at customer service@promatec-ag.com. Promatec will investigate complaints and, if necessary, remove or block access to infringing material and notify the posting member.
The Company acknowledges that all content on the Service is protected by copyright, trademark, and other intellectual property laws. The Company may not copy, reproduce, distribute, or create derivative works from this content without written consent. Promatec owns all content and data on the Service and has unlimited rights to use it as it sees fit.
E. Non-circumvention. The Company will not purchase Equipment, parts, or materials first introduced via the Service, nor sell items inspected by prospective buyers introduced by Promatec, without paying all applicable fees, commissions, or charges due to Promatec.
F. No Cheating. The Company will not engage in bid manipulation, use aliases or decoys, or place false bids. All transactions must be conducted transparently and reflect market values.
7. Disclaimer of Warranties
The Company expressly agrees that use of the Service is at its own risk. The Service is provided "as is" and "as available." Promatec disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising from trade usage, course of dealing, or performance. Promatec does not guarantee that the Service will meet the Company's requirements, be uninterrupted, timely, secure, or error-free, nor does it guarantee the accuracy or reliability of any content or information obtained through the Service. Any material or data downloaded or obtained through the Service is at the Company's risk, and the Company is solely responsible for any damage to its systems or loss of data resulting from such downloads.
Promatec makes no warranty regarding any Equipment, products, or services purchased or obtained through the Service or any transactions conducted through the Service.
Some jurisdictions may not permit certain exclusions of warranties; therefore, some exclusions may not apply.
8. Limitation of Liability
The Company agrees that neither Promatec nor its officers, affiliates, directors, shareholders, agents, or employees will be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, earnings, business opportunities, damages, expenses, or costs ("Losses") resulting from the Company's use or inability to use the Service. This includes, but is not limited to, losses from mistakes, omissions, interruptions, errors, defects, delays, account termination, disclosure of identity, intellectual property infringement claims, Equipment failure, seller or buyer defaults, third-party service provider acts or omissions, or conditions beyond Promatec’ s control (such as government restrictions, strikes, war, or natural disasters). If liability is determined, Promatec’ s aggregate liability is limited to the amount of fees or commissions collected from the Company related to the disputed transactions.
9. Indemnification
The Company agrees to indemnify, defend, and hold harmless Promatec, its parent companies, subsidiaries, affiliates, directors, officers, shareholders, and employees from any claims or demands, including attorneys' fees, arising from the Company's use of the Service, violation of this Agreement, infringement or violation of any rights by the Company or any party using the Company's password, possession, purchase, use, or transfer of Equipment, failure to complete a sale, breach of warranties, or any violation of terms or conditions.
10. Termination and Effect
Promatec may modify or terminate access to the Service at any time, with or without cause, and without liability. Termination will be communicated via written or electronic notice. If the Company objects to any terms or modifications, or is dissatisfied with the Service, its sole remedy is to discontinue use. Upon termination, the Company's rights to use the Service cease immediately, and Promatec may delete the Company's account files and bar further access. Promatec may also terminate the Company's access if the Service is not used at least once within any three-month period.
11. Notices
All notices must be in writing and may be delivered via email to w.schulz@promatec-ag.com for Promatec, or to the email address specified by the Company, or any other address as specified. Notices may also be sent by certified mail, postage prepaid. Promatec may broadcast notices or messages on the website, which will constitute official notice to the Company.
12. Arbitration
Any claim or controversy related to this Agreement will be resolved by final and binding arbitration in Zürich or Baselland, conducted by one arbitrator under the Commercial Arbitration Rules in effect at the time. Arbitrators may not add to or detract from the parties' agreements or award punitive, exemplary, consequential, special, indirect, or incidental damages, except where the Company violates Section 6. Damages are limited to specified in Section 8, unless Section 6 is violated, in which case no such limitation applies. Arbitration awards may be entered and enforced in courts of competent jurisdiction. Parties retain the right to seek injunctive or provisional relief to compel arbitration, enforce awards, or prevent disclosure of trade secrets or intellectual property violations.
13. General Provisions
If any provision of this Agreement is found invalid, unenforceable, or void, the parties agree that a court or arbitrator may replace it with a valid provision as similar as possible. Promatec’ s failure to act regarding a breach does not waive its right to act on future or similar breaches. This Agreement is governed by the laws of Switzerland, without reference to choice of law provisions. The Company consents to exclusive jurisdiction in the state and federal courts located in Baselland/Zürich.
This Agreement, including the Buyer and/or Seller Terms of Service and any modifications made pursuant to Section 2, constitutes the entire agreement between the parties regarding its subject matter. Nothing in this Agreement shall be construed to establish either party as the agent, representative, joint ventures, franchisor/franchisee, or partner of the other for any purpose.
Promatec International AG , CH-4153 Reinach, Herrenweg 11