OMNIplus BusDoc Registration Form

OMNIplus BusDoc Registration Form
for New and Existing Customers
Name of the company:
Contact person:
Street / No.:
Post code / city:
Telephone: Fax: Customer No.:
E-mail:
New user:
Last name:
First name:
All fees are applicable for the respective current calendar year and
plus statutory sales tax
Please indicate desired enablements
with a check mark:
EIB 18,00 €
█
E-mail:
Change existing user:
Change user █
User ID:
Last name:
First name:
E-mail:
Delete user █
Citaro
Travego
Tourismo
Touro
Tourino / MBC
WIB
€ 80.00 / model series
AR / SSL
€ 4 0.00 / model series
Preferred system language:
Language selection
German, English, French, Spanish, Italian, Turkish, Swedish, Romanian, Polish,
Flemish
Mercedes-Benz
Integro
Conecto
Intouro
Cito
Abbreviations:
EIB (replacement part information bus; Ersatzteil-Information-Bus)
– OMNIplus BusParts Catalog
WIB (workshop information bus)
Model series-specific information
– Electrical information
– Diagnostic information
– Workshop / user information
Minibus / Medio / Vario
O 303 / 305 / 307
O 404 / 405
OC 500
AR / SSL SSL (work flat rates / damage code list)
Model series-specific information
MultiClass / ComfortClass 300
TopClass 300
Setra
MultiClass 400
ComfortClass 400
TopClass 400
This application is subject exclusively to the enclosed “General Terms and Conditions for Accessing Service Information and Other Technical Information via
the Aftersales Online Documentation Platform ‘BusDoc’ of EvoBus GmbH” in its currently valid version.
Please fill out and send via e-mail to:
ryan.atkinson@daimler.com
Or by fax to: +44 24 7662 6020
Date:
Signature:
Version: 09/2012
EvoBus
A Daimler Company
EvoBus (UK) Ltd.
Domicile and Court of Registry: England & Wales, Commercial Register No.: 02882442,
Chairman of the Board of Directors: Bernd Giebfried
Board of Management: Jan Aichinger (CEO), Antoine Habar (CFO), Andrew Allsop, Mike
Beagrie, Marcus Watts
EvoBus (UK) Ltd, Ashcroft Way,
Cross Point Business Park, Coventry, CV2 2TU
Phone: +44 24 7662 6000
Fax: +44 24 7662 6020
www.omniplus-services.co.uk

Terms and Conditions of EvoBus (UK) Limited for the OMNIplus BusDoc Customer
1. Application of Conditions
“The following terms and conditions shall apply to all orders placed by the Purchaser
and accepted by the Seller for the supply of OMNIplus BusDoc by the Seller to the Purchaser.
No other terms and conditions of order or purchase whether of the Purchaser or
any third party nor any other standards, specifications, conditions or particulars of or
adopted by the Purchaser shall form part of the contract. No variation of these terms
and conditions shall be effective unless accepted in writing by a Director of the Seller
and signed by him on behalf of the Seller and in conjunction with at least one other
manager from the Seller.”
2. Contract
“A contract shall only be made when the Seller provides a signed application form”
3. Price
“(a) The Seller’s prices are quoted on the application form and are exclusive of VAT.
Prices given or quoted by the Seller are based upon costs existing at or immediately
prior to the date of the order and are subject to increase corresponding with:
(i) any increased costs whether to the Seller, the Seller’s parent company or a subsidiary
company of the Seller as the manufacturer of materials, parts and accessories;
(ii) any increased costs whether to the Seller, the Seller’s parent company or subsidiary
company of the Seller as the provider of services;
(iii) the imposition or a change in the rate of sales tax, import or export tax or similar
impost;
(b) In the event of the manufacturer ceasing to make goods ordered by the Purchaser,
the Seller may at its sole discretion and whether the delivery date has passed or not:
(i) supply alternative goods, which at the Seller’s sole discretion it considers to be of an
equivalent nature. The Seller is entitled to pass to the Purchaser any increased costs in
connection with such supply, or;
(ii) forthwith and cancel the contract. If a contract is cancelled under this provision any
deposit or interim payment made by the Purchaser to the Seller shall be returned to the
Purchaser and neither party shall be under any further liability.”
4. Terms of Payment
“(a) For Purchasers of goods who have the benefit of an approved and subsisting credit
facility with the Seller, which has not been exceeded, payment for goods supplied will
become due within 30 days of the date of invoice.
(b) The Purchaser must advise the Seller by latest 30 August if they wish to cancel
the contract otherwise they will be charged in full for goods supplied as stated on
the application form.
(d) Payment shall be made direct to the Seller and the Seller’s official receipt shall be
due discharge of any liability to the Seller. The Purchaser shall not be entitled to exercise
any right of set-off against payments due to the Seller.
(g) Failure by the Purchaser to make payment in full on the due date shall entitle the
Seller to charge interest to the Purchaser upon the full outstanding balance at 10%
above the Bank of England base rate.
(h) In addition to the right of the Seller to charge interest on overdue accounts the Seller
is also entitled to charge compensation pursuant to the Late Payment of Commercial
Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations of
2002 or any amendments thereof.”
5. Property and Risk
“(a) The goods shall remain the property of the Seller until the Purchaser has paid in full
for the goods and until such time the Purchaser shall hold the goods as bailee and in a
fiduciary capacity for the Seller. A cheque given by the Purchaser shall not be treated as
a payment until the same has been cleared.
(b) As long as the property in the goods shall remain with the Seller then, after delivery
of the goods to the Purchaser, the Purchaser shall:-
(i) be responsible for any loss or damage to the goods howsoever caused;
(c) While the property in the goods remains vested in the Seller:-
(i) the Seller may (without prejudice to its other rights) repossess the goods and the
Purchaser hereby grants to the Seller an irrevocable licence to enter upon any premises
of the Purchaser for the purpose of effecting such repossession;
(ii) if the Purchaser sells the goods he shall hold on trust for the Seller any rights which
he may have against his customer and/or the proceeds of sale of the goods, placing
such proceeds in a separate account so as to be identifiable as being in the beneficial
ownership of the Seller.
(d) The contract will automatically terminate with or without such notice on the occurrence
of any of the following events:-
(i) the appointment of a receiver, administrative receiver or administrator over any of the
assets or the undertaking of the Purchaser;
(ii) a Winding Up Petition is presented against the Purchaser;
(iii) a Winding Up Order is made against the Purchaser;
(iv) a resolution is presented by the Purchaser or any other entity for the purpose of
seeking to place the Purchaser in liquidation whether a Members Liquidation, Creditors
Liquidation or otherwise; (v) the Purchaser enters into liquidation whether Members,
Creditors, or otherwise;
(vi) the Purchaser calls a meeting of or makes any arrangements or composition with its
creditors generally including, without prejudice to the generality of the foregoing, the
calling of a meeting to consider a Company Voluntary Arrangement, Individual Voluntary
Arrangement or Partnership Voluntary Arrangement;
(vii) the Purchaser enters into a Company Voluntary Arrangement, Individual Voluntary
Arrangement or Partnership Voluntary Arrangement;
(viii) if the Purchaser is an individual, a Statutory Demand is served upon the individual
or Bankruptcy Petition filed at Court;
(ix) a Bankruptcy Order is made against an individual Purchaser; (x) if the Purchaser is a
partnership any of the events detailed at 5(d) (vi) to (ix) arise in respect of any individual
partner;
(xi) execution or distress is levied against any of the Purchaser’s goods.”
6. Delivery
(a) The Seller will endeavour to secure delivery of the goods by the estimated delivery
date (if any) but does not guarantee the time of delivery and should not be liable for any
damages or claims or any kind in respect of delay in delivery. The Seller shall not be
obliged to fulfill orders in the sequence in which they are placed. For the avoidance of
doubt, time is not of the essence.
7. Force Majeure
“The Seller shall not be liable for any failure to perform its obligations hereunder for any
reason beyond its power or control, including but not limited to, the inability to obtain
import or export licences or any other licences or consents of any Government or other
authority, strikes, lock-outs, industrial disputes, war, acts of terrorism, civil disturbances
or riots, acts of God, fire, storm, flood, tempest or shortage or delay in obtaining materials.
If any such failure occurs then, (unless the cause thereof shall frustrate or render
impossible or illegal the performance of the contract or shall otherwise discharge the
same) the Seller’s time for performing its obligations shall be extended by such period
(not limited to the length of the period during which such circumstances exist) as a
Seller shall reasonably require to complete the performance of its obligations.”
8. Exclusion of liability
“(a) The Seller does not make or give, nor has any person on behalf of the Seller any
authority to make or give any representation or undertaking express or implied by statute,
common law or otherwise, as to the condition, quality, performance or specifications
of the goods provided by the Seller, their fitness for any particular purpose, or their
correspondence with description or sample, all of which are hereby expressly excluded.
(b) Sold as provided in Clause 8(d) hereof, in no circumstances shall the Seller be liable
to or indemnify or make contribution to the Purchaser in respect of any loss or damage
of whatsoever nature howsoever arising from or as a result of the supply of goods to the
Purchaser or the use of goods (whether by the Purchaser of any other person) whether
caused by any breach of contract or tort (including negligence) on the part of the Seller,
its servants or agents.
(c) The Seller shall not in any circumstances be liable for loss of revenue, profits or anticipated
savings or for any consequential or special loss or damage howsoever
caused.
(d) The provisions of this Clause shall not extend to any liability of the Seller which cannot
be lawfully or reasonably be restricted or excluded by virtue of the provisions of the
Unfair Contract Terms Act 1977, the Sale of Goods Act 1979 (as amended) and the Supply
of Goods and Services Act 1982 (as amended).”
9. Indemnity
“The Purchaser shall on written demand made by the Seller forthwith indemnify the
Seller against all loss, damage, costs and expenses suffered or incurred by the Seller by
reason of any claim or demand made against the Seller by a third party in respect of
injury, loss or damage howsoever caused (including the negligence of the Seller) arising
from or as a result of the possession or use of the goods by the Purchaser, his servants
or agents.”
10. Insurance
“(a) The Purchaser shall effect and maintain insurance in respect of any loss or damage
the liability for which is excluded by Clause 8(b) hereof and in respect of the indemnity
which the Purchaser had entered into pursuant to Clause 9 hereof.
(b) The insurance referred to at Clause 10(a) shall be taken out with a reputable insurance
company approved by the Seller with the interest of the Seller referred to and duly
noted by the insurance company. Upon request by the Seller, the Purchaser shall forthwith
produce to the Seller a copy of the insurance policy (or policies) together with the
relevant schedules. “
11. Notices
“Service of any notice or demand upon the Purchaser at its registered office or last address
notified to the Seller shall be valid service. Any notice or demand given hereunder
must be in writing and will be
deemed served 72 hours after posting.”
12. Searches and Enquiries
“The Purchaser gives the Seller irrevocable authority to conduct searches and enquiries
regarding the Purchaser’s business including, but without prejudice to the generality of
the foregoing, the following:- (a) In the case of a company, Companies House searches
including company accounts, credit checks, credit reference agency checks, and any
register of Judgments, Orders, Prohibitions or anything of a similar nature. (b) In the
case of an individual or partnership, credit checks, credit reference agency checks and
any register of Judgments, Orders, Prohibitions or anything of a similar nature. (c) The
Seller should be entitled to carry out appropriate individual checks including, but not
necessarily limited to, the above individual checks upon any Company Director or Company
Secretary of the Purchaser; or in the case of a partnership upon any individual
partner. “
13. Accounts
“The Purchaser will, within 7 days of any request by the Seller, deliver to the Seller his
last set of signed/audited accounts in full.”
14. Identification
“The Seller shall be entitled to seek identification to seek to verify the identity and
whereabouts of any Purchaser. Without prejudice to the generality of the foregoing (a) In
the case of companies, identification of any officer of the company including, but not
necessarily limited to, any Director or Company Secretary. (b) In the case of individuals
or partnerships, the identity or whereabouts of that individual and all the partners of the
partnership.
15. Severability
“If any provision of these terms and conditions is held invalid, illegal or unenforceable
for any reason by any Court of competent jurisdiction, such provision shall be severed
and the remainder of the provisions of the terms and conditions shall continue in full
force and effect as if the terms and conditions had been executed with the invalid, illegal
or unenforceable provision eliminated.”
16. Governing Law
“These terms and conditions shall be governed by and construed in accordance with the
laws of England and Wales and the Purchaser irrevocably agrees to submit any dispute
arising out of this agreement to the exclusive jurisdiction of the Courts of England and
Wales.”
Version: 09/2012
EvoBus – A Daimler Company · EvoBus GmbH, Corporate Marketing, 73230 Kirchheim unter Teck