(As at: July 2020)

These general terms of use apply in the relevant version at the time of contract conclusion for the usage of the TRUMPF Finance Manager (hereinafter referred to as "TFM") and the financing solutions offered thereby as well as the procuration of financing solutions of TRUMPF Financial Services GmbH, Johann-Maus-Straße 2, 71254 Ditzingen (hereinafter referred to as "TRUMPF Financial Services”) offered on the online market place https://www.financemanager.trumpf.com//.

Preamble

TRUMPF Financial Services operates a website for the procuration of financing solutions online within the framework of sales promotion under the name “TRUMPF Finance Manager” (hereinafter referred to as “TFM”).TFM is aimed at commercial users (hereinafter referred to as “users”) on one hand and banks and other financial services providers on the other hand (hereinafter jointly referred to as “financial services providers”). TRUMPF Financial Services offers its own financial solutions on the TFM. Users also have the opportunity of requesting further offers from financial service providers. The request is not automatically forwarded.

TFM functions in such a manner that the users advertise their need for financial products for the acquisition of assets on the TFM and this need is availed to TRUMPF Financial Services.  TRUMPF Financial Services contacts the user and provides at the user desire and only with his consent the request in a structured form to the potential financial Services providers. The user decides here, if the request is made to all or only to selected financial service providers. TRUMPF Financial Services will make the contact details and the available documents to the selected financial services provider for credit assessment and mutual contact.

TRUMPF Financial Services and where appropriate the financial services providers have the opportunity of offering the user suitable financing solutions (hereinafter referred to as “offers”). The user decides which financial services provider it settles for and the user requests for conclusion of the business transaction with the selected financial services provider.

I. Inclusion

By registering on the TFM, the user consents to these general terms and conditions of TRUMPF Finance Manager. Usage of TRUMPF Finance Manager is not allowed without consent. Supplementary conditions might apply to individual functions, services or areas of TRUMPF Finance Manager. The user will be informed about these prior to execution. The user can declare its consent to such supplementary conditions by activating (“clicking”) a declaration of consent prior to the initial execution. The usage of the concerned functions, services or areas is not allowed without consent to such supplementary information.

II. Users

Only companies in the sense of § 14 of the German Civil Code are allowed to register on the TFM and to use TRUMPF Finance Manager i.e. natural persons or corporate entities or partnerships with legal capacity, which upon contract conclusion are carrying out their commercial or independent professional activity. Usage by other persons, especially by consumers (§ 13 of the German Civil Code) is unacceptable.

III. Scope of services

TRUMP Finance Manager supports the following financing solutions: loans, finance leasing, operating leasing and hire purchase. The request presents the user’s non-binding call for the submission of quotations by the financial services providers. Only those requests for bids that have been completely filled out can be processed.  TRUMPF Financial Services will contact the user within two (2) working days. Should the request be forwarded to other financial services providers get the opportunity to submit quotations which are subject to special conditions where applicable and which correspond to the requests within seven (7) bank working days.

The offers submitted by the financial services providers are sent directly to the user.

For loan and leasing enquiries, specific loan processing and detailed credit assessment are conducted by the selected financial services provider after the user selects a financial services provider. This could lead to altered conditions or even to rejection of financing as the case may be. The selected financial service provider makes the contract documents available to the user.

IV. Accuracy of data, protection of contents, liability for third party contents

TRUMPF Financial Services is not obligated to check the data provided by the user or the quotations submitted by financial services providers. Apart from that, the contents of financial services providers, users as well as other third parties are not checked for accuracy, completeness and legitimacy. This also applies in view of the quality of this content and its suitability for a certain purpose.

TRUMPF Financial Services shall provide the contractual documents submitted by the financial services provider if these are available. TRUMPF Financial Services has no insight into the offers or into the contractual documents of the financial services providers. TRUMPF Financial Services does not TRUMPF Financial Services does not assume any warranty or liability for the content of the contractual documents provided, further information provided by the financial service provider and from these linked pages.

The contents available on the TFM are predominantly protected by copyright, trademark law and the competition protection act or by other property rights and they are owned by TRUMPF Financial Services, the financial services providers or other third parties who have provided the respective contents. These contents are only to be used according to these terms of use.

The selection of a financial services provider by a user does not necessarily lead to contract conclusion. This requires the direct agreement between the user and the selected financial services provider which can be dependent on the fulfilment of other requirements. TRUMPF Financial Services is under no circumstances responsible for contract conclusion between the financial services provider and the user.

The user can utilize all services of the TFM at no cost. TRUMPF Financial Services shall be remunerated by the financial services providers and this is regulated in separate agreements.

V. Registration by the user

Registration is required in order to use the TFM. The user’s relevant company data as well as the contact information of the contact person at the user’s firm are to be included. Mandatory fields are to be filled during the registration. There is no right to registration. TRUMPF Financial Services has a right to reject a registration without stating reasons. TRUMPF Financial Services is also entitled not to activate or subsequently block a user account until any necessary proof is presented.

All fully legally competent natural persons or corporate entities within the framework of their commercial or freelance occupational activity can register.

All data is to be given in fully and truthfully. In case of false information or other inconsistencies, TRUMPF Financial Services has the right to bar the user from utilizing the services and delete or stop requests (even subsequently) for a while or completely. The user will decide on a username and a password for the utilization of the TFM during registration. The access data including the password are to be kept secret and are not to be made accessible to unauthorized third parties. If the user finds out that a third party has knowledge of the access data or if there is suspicion of such knowledge, the user is obligated to alter its access data immediately and inform TRUMPF Financial Services.

Please note: A user is fully responsible for each usage and/or other activity which is carried out using its access data.

VI. Duties of the user, exemption

The user has to check the legitimacy of the information, data and contents (e.g. documents, data) as well as links to other websites which it has provided, and it assumes the sole responsibility for their legitimacy. In particular, the user has to ensure that it is authorized to put the contents on the website. The user is obligated to formulate its entries in such a way that they do not violate legal provisions, regulatory prohibitions or morals.

The user is obligated to review the data that it has provided and confirmed as well as all documents and data prior to each new request and if necessary, amend or provide them once again.

Contract conclusion between a financial services provider and the user shall happen outside the TRUMPF Finance Manger due to a special financing agreement. Upon successful contract conclusion, the contractual partners (user and financial services provider) have to inform TRUMPF Financial Services within five (5) bank working days about the financial product and the agreed upon volume of financing or leasing (via e-mail, telephone, post or fax). TRUMPF Financial Services or a third party authorized by TRUMPF Financial Services is entitled and authorized to make corresponding enquiries regarding the status of the contract and to contact the users and the financial services providers in this regard. TRUMPF Financial Services or a third party authorized by TRUMPF Financial Services will use the transmitted data only for billing the financial services provider. In order to guarantee proper procedure, the user authorizes the financial services provider to inform TRUMPF Financial Services or a third party authorized by TRUMPF Financial Services about the financial product and the volume upon contract conclusion and also inform it about an unsuccessful business transaction.

The user exempts TRUMPF Financial Services from all costs, claims and losses which third parties in particular assert against TRUMPF Financial Services due to breach of their rights by the user’s contents or due to false or incomplete information or due to a violation of the law. In addition, the user is obligated to reimburse TRUMPF Financial Services all costs arising due to the violation, especially costs for appropriate legal defense including accruing court and lawyers’ fees. This does not apply if the user is not responsible for the violation.

VII. Usage of the product finder

The product finder implemented in the TRUMPF Finance Manager supports the user in the selection of a suitable financing instrument. The financial advice is provided only in the format conveyed via the website. The basis of each financial recommendation of the product finder is exclusively the user’s information.

TRUMPF Financial Services shall not be held liable for financing recommendations based on incorrect or incomplete information provided by the user. The user is not obligated to accept the financing recommendation given by TRUMPF Finance Manager. The decision shall be made solely by the user.

TRUMPF Financial Services does not provide financing supervision or monitoring within the framework of TRUMPF Finance Manager and it does not pursue any corporate developments in particular or other messages regarding the changes that have occurred in the financing instruments.

VIII. Liability, statute of limitation

In line with the usage of TRUMPF Finance Manager, liability shall not be assumed for negligent breach of duty unless damages due to injury to life, body or health or guarantees or claims as per the Product Liability Act are affected. Moreover, liability for breach of duties whose fulfilment allows for the proper realization of the usage relationship and on whose adherence the user can rely on regularly remains unaffected.

If the breach of an essential contractual duty is not due to gross negligence or intent, TRUMP Financial Services’ liability is limited to those typical damages or that typical scope of damage which were/was reasonably foreseeable at the time of contract conclusion.

The aforementioned exclusions/limitations of liability do not apply to liability due to gross negligence or intentional behavior, due to injury to life, body or health or according to the Product Liability Act.

If according to these regulations TRUMPF Financial Services’ liability is excluded or limited, this shall apply to the liability of its institutions and vicarious agents, particularly its employees.

Any warranty claims will come under the statute of limitations within a period of one year as from the legal commencement of the statute of limitation. Liability due to intent as well as for damages arising from injury of life, body or health which are based on an intentional or negligent breach of duty by TRUMPF Financial Services, a legal representative or vicarious agents of TRUMPF Financial Services shall remain unaffected. The same applies to liability for other damages which are based on an intentional or gross negligent breach of duty by TRUMPF Financial Services or a legal representative or vicarious agent of TRUMPF Financial Services. In this respect, the statutory period of limitation applies respectively.

IX. Offsetting, retention

The user can offset claims of TRUMPF Financial Services only with counterclaims which are established as final and absolute, undisputed or recognized by TRUMPF Financial Services. Moreover, it is entitled to exercise a retention right if and when its counterclaim is based on the same contractual relationship.

X. Amendment of these terms of use, of prices and services

TRUMPF Financial Services reserves the right to amend these terms of use at any time with effectiveness even within the existing contractual relationships. The user will be notified of such amendments at least thirty (30) calendar days prior to the scheduled coming into effect of the amendments. If the user does not object to the notification within thirty (30) days as from receipt of the notification and the utilization of the services continues after lapse of the objection period, the amendments will be considered as effectively agreed upon as from the deadline. In case of objection, the usage relationship shall continue under the previous terms. TRUMPF Financial Services reserves the right, in case of objection, to terminate the usage relationship pursuant to item XI. In the amendment notification, the user shall be informed about its right to object and the consequences.

TRUMPF Financial Services is entitled at all times to amend freely provided services, to avail new services at a fee or free of charge and to stop providing free services. TRUMPF Financial Services will take the user’s interests into consideration. In each amendment notification, the user shall be informed separately about the consequences of the amendment and its right to object or terminate.

XI. Contract duration, termination

The contract for the usage of the TRUMPF Finance Managers is open-ended.

The user is entitled to duly terminate the usage relationship at any time by ending his membership through unsubscribing the service.

TRUMPF Financial Services is entitled to terminate the usage relationship upon lapse of the last call for requests placed by the user at the time of termination.

The right to extraordinary termination for cause remains unaffected.

Upon termination, TRUMPF Financial Services shall disable the user’s access data. Subject to a settlement with a financial services provider and statutory provisions on safekeeping, the data provided by the user shall be deleted. Data protection regulations which could allow for a shorter period for deletion apply preferentially to personal data.

XII. Place of fulfilment, jurisdiction, applicable law

Place of fulfilment for the user’s obligations is the TRUMPF Financial Services’ business location. Competent court for all contractual and non-contractual disputes between the parties is the court where TRUMPF Financial Services is located. TRUMPF Financial Services also has the right to sue where the user is based. German law applies to the exclusion of the German International Private Law and the UN Convention on Contracts for the International Sale of Goods.

XIII. Severability clause

If one of the provisions of these terms of use are or become totally or partially ineffective or void, the rest of the provisions shall not be affected. The parties commit to find a provision that corresponds as closely as possible to what the parties had wanted initially from an economical viewpoint. The same applies to loopholes.