General Terms of Use of the PESA Logistics Portal

Transcription

1 General Terms of Use of the PESA Logistics Portal (version of the 15th of July 2010) The prior acceptance of the General Terms of Use of the PESA Logistics Portal is necessary to get the usage authorization of the portal. The terms mentioned bellow shall have the meaning as follows: PESA Pojazdy Szynowe PESA Bydgoszcz Spółka Akcyjna Holding GTU General Terms of Use of the PESA Logistics Portal PLP PESA Logistics Portal Agreement the agreement signed up between PESA and other subject of rights regulating additional directions for use of the PESA Logistics Portal Supplier entity which has signed the Agreement Account all the functionalities of the PESA Logistics Portal secured with a password, enabling the exchange of information and statements between the Supplier and PESA, available for only one physical person User a natural person having an access to the Account Chapter 1. General provisions 1 1. PLP is provided by: Pojazdy Szynowe PESA Bydgoszcz Spółka Akcyjna Holding [Rail Vehicles PESA Bydgoszcz, Joint Stock Holding Company] seated in Bydgoszcz; Zygmunta Augusta 11 Street; entered into the business register in the National Court Register run by the District Court for Bydgoszcz, 13th Business Department, under the KRS number: , State Statistical REGON No: ; Tax Identification No / VAT UE: PL , with the share capital amounting to PLN 5,300,267.49, and the capital fully paid in the amount of PLN 27,100, Any matters related to operating of the PLP are to be notified to the portal administrator: admin.scm@pesa.pl. Page 1 of 7

2 2 1. PLP is protected by the SSL Security Certificate enabling the encryption of the transmission between the User and the server. To log into the PLP the User enters the user name and the password. 2. The PLP should be opened only with the use of the following software: Internet Explorer (version 8.0 or higher) or Firefox (version or higher). 3. Before logging into the PLP the User should make sure that he is using the appropriate software named in the section PESA provides the Supplier having Account on the PLP with the license to use the PLP free of charge. Chapter 2. User registration 3 1. In order to register a new User and open an Account on the PLP it is necessary to: a) sign up the Agreement and accept the present GDU by the entity for which the Account is to be kept, b) fill out the registration form available on the PLP with the present data by the person empowered by the Supplier in the Agreement, c) verify by PESA if the data entered in the registration form are consistent with the data in the Agreement, d) accept the registration form by PESA, what takes place with an opening of an Account and sending the message with the information indicating how to get an access to the new Account, on the address named in the registration form and authorized in the Agreement, e) log into the PLP by the person empowered in the Agreement with the use of the data from a confirmation sent by PESA 4 In order to register the User not to be authorized in the Agreement, it is necessary foe the Supplier to empower a new User by sending the fulfilled form available on the PLP to an address: admin.scm@pesa.pl. Page 2 of 7

3 Chapter 3. User s and Supplier s responsibilities 5 All the User s responsibilities mentioned in this chapter relates to the Supplier as well. 6 It is forbidden to use the PLP in the way infringing the GTU or universally recognized legal acts, or violating the public morals It is not allowed to make user s Account accessible or to convey the data indispensable to get an access to the Account to other people, even if these people are the Users of other Account and have the authorization to act on behalf of the same Supplier. 2. The User is obliged to inform PESA about any suspicion of use or an attempt to use the user s Account by the third party. 8 The User is obliged to check the actuality of the data entered in the registration form and inform PESA about any change without any delay The User is obliged to keep in secret all the information obtained through the PLP. 2. The User has the authorization to convey the information obtained through the PLP to: a) a person empowered on the strength of the agreement between the Supplier and PESA b) a person who the Supplier (on behalf of whom this User acts) entrusts with the activities connected with the realization of the orders made by PESA with the reservation of having the duty mentioned in the section 1. Page 3 of 7

4 Chapter 4. Other Supplier s Responsibilities 10 The Supplier is obliged to refer in a binding way to PESA statements made with the use of the PLP within 3 working days from the day of entering of the appropriate statement on the PLP. 11 The Supplier is obliged to inform PESA about any limitations of the User authorization and about loss of the authorization by the User. This information can be conveyed to PESA by an empowered User. 12 All the order lines confirmed via the PLP ought to be notified no later than 3 days before the planned delivery date to PESA given in PLP. PESA reserves the right to reject the delivery, which hasn t been notified in the right time. 13 It is necessary to print and attach the delivery note to each delivery confirmed by the Supplier. PESA reserves the right to reject the delivery without the delivery note printed from the PLP and signed by the Supplier. Chapter 5. The statements made with the use of PLP All the statements made by PESA via the PLP are informative only, e.g. they shouldn t be regarded as an offer or its acceptance. 2. The Supplier can take the statements made by PESA via the PLP into account only at his own risk. 3. All the statements made by PESA on the PLP will be confirmed by PESA in the way defined in the agreements signed between PESA and the Supplier. 4. The notifications made in the sections 1-3 do not relate to PESA statements mentioned in the 15 section 2. Page 4 of 7

5 15 1. All the statements made from the user s Account are binding for the Supplier for whom the Account is kept, unless they result from some PESA failure for which PESA is responsible. 2. The Supplier s statements made from the user s Account towards PESA, e.g. an order confirmation, the confirmation of an order with changes or other similar activities will be handled as follows: a) if they have been made before reaching of the confirmation to the Supplier (in other established way) as an offer made by the Supplier with the 14-day bid term; when the Supplier gets the right confirmation from PESA, such an offer becomes binding and formally accepted by PESA, b) in the event of a confirmation of an order without any reservations after receipt of the confirmation by the Supplier (in other established way) as the acceptance of an offer by PESA, c) in the event of a confirmation of an order with changes after receipt of the confirmation by the Supplier (in other established way) as an offer made by the Supplier with the 7-day bid term; binding acceptance of such an offer by PESA is performed with the end of the bid term, unless the offer was rejected by PESA in the way visible on PLP or in other form. Chapter 6. PESA s responsibilities PESA is not liable for the damage caused by the Users while using the PLP, regardless of the fact whether it was incurred by the Supplier or the User, unless it has resulted from the deliberate fault of PESA. 2. PESA will make its best efforts to ensure that the information contained within the PLP is reliable. Page 5 of 7

6 Chapter 7. Deleting of an Account The PLP and its functionalities should improve communication between PESA and its Suppliers. PESA reserves the right to block or delete any Account at any time without giving a reason. 2. The information about blocking or deleting of an Account will be sent by PESA to the Supplier and the User of an Account immediately. 3. An Account can be also deleted on the application of the Supplier or as the result of the information of a loss of authorization by the User. This information can be conveyed to PESA by an empowered User. 4. The history of the Account and User s activity will be preserved even after the deleting of the Account. Chapter 8. Processing of personal data 18 The User agrees to have his personal data processed by PESA, even after deleting of his Account. These data will be used only for the purposes related to the PLP. Chapter 9. Changes to the General Terms of Use PESA is entitled to change the GTU. 2. The GTU can be changed at any time and the change coming into force with the time defined in it provided that the changes have been accepted by the Supplier and the Users of the Accounts. 3. The changes to the GTU are automatically accepted after 10 days from the time of sending the GTU to the Supplier and the User unless there were any reservations made by the Supplier. If the Supplier has any reservations, the final approval of the changes to the GTU should be sent by an empowered person via to the address mentioned in the 1 section 2. Page 6 of 7

7 4. All the Users will be informed about any changes made to the GTU immediately via PLP or sent on the address authorized in the Agreement. Changes are to be accepted by the Users of PLP and by the Supplier (or the User empowered in the Agreement). 5. If either the User or the Supplier does not accept the changes to the GTU before their coming into force, PESA reserves the right to block the user s Account. Page 7 of 7