Terms and Conditions

for procurer services of IDS Imaging Development Systems GmbH

1. General, scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC“) shall apply

(a) for the procurement and initiation of contracts procured by IDS Imaging Development Systems GmbH, Dimbacher Str. 10, 74182 Obersulm (hereinafter referred to as „IDS“) via the IDS Internet platform „visionpier“ (hereinafter referred to as „internet platform“) for the contractual partner (hereinafter referred to as „system supplier“).

(b) for the procurement and initiation of contracts procured by IDS to the system supplier via events organized by IDS (online and offline).

1.2 The GTC shall only apply if the system supplier is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

1.3 The terms and conditions of IDS shall apply exclusively. Deviating or conflicting GTC of the system supplier shall not become subject matter of the contract.

2. Object of transfer

3. Rights and duties of IDS

3.1 The contractual obligations of IDS shall be limited exclusively to the proper transfer by forwarding requests of a user to the system supplier of the contract between the service supplier and the respective customer. The provision of the mediated third-party service as such is not part oft he contractual obligations.

3.2 IDS shall not act as a representative/ agent of the system supplier.

3.3 When providing instructions and information, IDS shall be liable for the correct selection of the source of information as well as the correct forwarding/ transfer of the information obtained to the system supplier, unless the instructions and information have been expressly provided in a binding manner.

3.4 IDS is not authorized to make collections for the system supplier, is not a closing agent and is not a substitute.

3.5 IDS shall forward the request to the system supplier in text form via the internet platform.

4. Rights and obligations of the system supplier

5. Remuneration

6. Term of the contract; termination

7. Liability

7.1 IDS only procures third-party services and is not responsible for the proper performance of the procured third-party service. IDS shall not be liable under the procured contract. A guarantee for the availability of services shall not be assumed / taken over.

7.2 Claims of the service supplier for damages are excluded. Excluded from this are damage claims by the service supplier accruing from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on a intentional or grossly negligent breach of duty by IDS, its legal representatives or vagarious agents. Material
contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

7.3 In the event of slight negligence, IDS only is liable a) for damages arising from injury to life, body or health, b) for damages arising from the breach of a material contractual obligation; in case b), however, IDS’s liability shall be limited to compensation for the foreseeable, typically occurring damage.

7.4 The restrictions of clauses 7.1 to 7.3 shall also apply in favor of IDS’s representatives and vicarious agents if claims are asserted directly against them.

7.5 The limitations of liability resulting from sections 9.1 to 9.3 shall not apply if IDS has fraudulently concealed a defect or has accepted/ awarded a guarantee for the quality of the subject matter of the contract.

8. Right of retention, setoff

The service supplier shall only be entitled to offset and/or assert rights of retention if its counterclaims are either undisputed or have been finally awarded by a court of law with res judicata effect. Claims in a close reciprocal relationship (synallagma) are excluded from this restriction.

9. Data protection

10. Rights of use of uploaded images

The system supplier may upload images for the purpose of marketing measures via the corresponding funciton within its user account. In the event that the system supplier uploads images via the corresponding function within its user account, it grants to IDS a simple geographically unrestriced, royalty-free right of use to the respective images for the term of this agreement, the content of which is limited to marketing measures within the scope of its procurement activities for the respective system supplier.

11. Changes to general terms and conditions

12. Final provision, applicable law, place of jurisdiction

General Terms and Conditions

for procurer services of IDS Imaging Development Systems GmbH


ids-visionpier-gtc-suppliers-en.pdf (59.2 KiB)