Status January 2024

General Terms & Conditions

Section 1 Scope and purpose of the agreement
Section 2 Order placement and conclusion of the agreement
Section 3 Right of revocation for consumers
Section 4 Rights of use and access period
Section 5 Restrictions on the period of use
Section 6 Payment
Section 7 Shipment, delivery period and performance period
Section 8 Warranty and period of limitation
Section 9 Liability
Section 10 Place of fulfilment, applicable law and place of jurisdiction
Section 11 Changes to the General Terms and Conditions and services
Section 12 Dispute resolution

Section 1 Scope and purpose of the agreement

These General Terms and Conditions apply to the purchase of ODIS flat rate subscriptions in MAN erWin. The contractual partner is MAN Truck & Bus SE.

MAN Truck & Bus SE makes the ODIS flat rate subscriptions available to traders (entrepreneurs within the meaning of Section 14 of the German Civil Code) and private individuals (consumers within the meaning of Section 13 of the German Civil Code) exclusively under the following conditions.

Should you have any questions, complaints or other communications in connection with an order in the erWin webshop, please address them to:

MAN Service Portal

Service hotline

Freephone
Tel.: 00800 – 20212223

Tel.: +49 89 1580 7888
E-mail: ehd@man.eu

The language of the contract is German. For customers outside the German-speaking region, the language of the contract is English.

Section 2 Order placement and conclusion of the agreement

The contract is concluded by Arvato SE sending the purchaser an electronic order confirmation of the order on behalf of and for the account of MAN Truck & Bus SE in response to the customer's order and thereby accepting the offer to conclude a purchase contract.

Alternatively, the agreement shall be deemed concluded upon receipt of advance payment, upon payment by credit card when MAN Truck & Bus SE charges the specified credit card account for the corresponding goods, otherwise when the goods are sent.

The term of the ODIS flat rate subscriptions begins upon first use.

Before placing an order, all services selected by the customer with all essential contractual components, in particular the total price – including taxes and duties – as well how the total price is calculated are displayed again in the shopping cart for checking. Any input errors can then be seen and corrected before the binding submission of the order. The General Terms and Conditions can be retrieved again before placing the order. Before submitting the binding offer, these must be accepted by the customer

Section 3 Right of revocation for consumers

If the user is a consumer and has concluded an agreement with MAN exclusively by means of telecommunication, in particular by telephone, fax, e-mail or via the MAN website, the user may revoke his intent to contract within 14 days without providing a reason in text form (e.g. letter, fax, e-mail). The period begins after receipt of this notice in text form, but not before fulfilment of our information obligations pursuant to Section 312e para. 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 of the Introductory Law to the German Civil Code (EGBGB). The right of revocation does not apply to contracts for the delivery of software if the supplied data media have been unsealed by the consumer. If the information material or software is purchased without the use of a data medium, there is also no right of revocation on the part of the consumer.

The customer will receive a separate notification about the details of his right of revocation immediately after the conclusion of these terms and conditions of sale.

Section 4 Rights of use, access period and copyright

For the electronic service information (OBD, repair and maintenance information) for MAN vehicles, in particular repair manuals, vehicle-specific information, circuit diagrams, maintenance in detail, body repair, environmental sustainability test, self-study programs and diagnostic software (OBD information), the customer receives online access to access the information in erWin. The customer also acquires the right to use all the information on a PC for a specific period of time (hereinafter referred to as the “access period”) independently of the computer. Use includes making the data visible on a computer and printing it out. The purchaser of the items shipped is entitled to install and use the respective program on a computer for his own purposes.

The customer may only retrieve electronic service information from vehicles for which they have authorisation. This authorisation may be based on the ownership of the vehicle by the customer, on a workshop order from the vehicle owner or on comparable constellations.

Each ODIS licence may be used within a service workshop regardless of computer and person. Additional ODIS licences must be purchased at the prices in the current price list if they are to be used in another service workshop. After the contract period has expired, the electronic service information can no longer be made visible.


The following can be selected as the access period:
1 hour, 1 day, 7 days, 30 days or 365 days


If a customer who has performed the download revokes his contractual declaration in accordance with Section 3 of these GTC, the right of use to the electronic service information shall terminate with immediate effect. The customer must irrevocably delete the downloaded file immediately after revocation.

MAN Truck & Bus SE expressly reserves all rights to the publication, reproduction, editing, design and/or use of the content on the erWin webshop, in particular of the information provided there. MAN Truck & Bus SE is exclusively and fully entitled to these rights. Any contravention is impermissible by law and will lead to legal and/or civil action (in particular Arts. 97 and 106 of the German Copyright Act, UrhG).

Section 5 Restrictions on the period of use

The maintenance and further development of the erWin webshop can temporarily restrict or interrupt usage options and/or the provision of services (up to 1 hour in 24 hours in each case).

Section 6 Payment

You can find information on prices under Products and services > erWin vehicle diagnosis > Shopping cart product assistant. Prices are quoted in euros and exclude VAT at the respective legally applicable rate. The prices apply from the place of performance and exclude packaging, insurance and shipping.

The fee for access to the ODIS flat rate subscriptions in MAN erWin is due in accordance with the current price information in the erWin webshop on order confirmation and must be paid by credit card. The items being shipped are payable after invoicing. MAN Truck & Bus SE is authorised to charge payments to unsecured or older debts at the discretion of MAN Truck & Bus SE despite any provisions of the purchaser to the contrary. If costs and interest have already been incurred, MAN Truck & Bus SE shall be entitled to offset the payment first against the costs, then the interest and finally against the actual services mentioned in the next to last sentence.

A payment shall be deemed made once MAN Truck & Bus SE can dispose freely of the amount. Collection fees and other costs shall be borne by the purchaser. In the case of payment in advance, any fees incurred (e.g. for international transfers) must be borne by the purchaser. In case of default, MAN Truck & Bus SE shall be entitled to charge interest at a rate of 8% above the base interest rate. The right of MAN Truck & Bus SE to demand compensation for further damages remains unaffected. The customer shall only be entitled to offset payments if MAN Truck & Bus SE has given its express written consent that the claim is undisputed or if the counterclaims are found to be legally valid.

Section 7 Shipment, delivery period and performance period

The dates and deadlines specified by MAN Truck & Bus SE are non-binding unless expressly agreed otherwise in writing. MAN Truck & Bus SE shall be entitled to partial deliveries and partial services as long as the deliveries are provided within the agreed time and the partial deliveries/partial services are of interest to the customer.

Access to MAN erWin and the possibility of using ODIS flat rate subscriptions ends at the end of the selected access period without the need for termination. After this access period has expired, the ODIS content can no longer be made visible.

Section 8 Warranty and period of limitation

Complaints (warranty claims) can be asserted by e-mail or in writing to MAN Truck & Bus SE. Complaint returns must be sent to Arvato SE, Reinhard-Mohn-Straße 22, D-33333 Gütersloh, Germany. The customer is entitled to assert his statutory rights in the event of defects.

The period of limitation for customer claims due to material defects lapses after one year unless MAN Truck & Bus SE fraudulently concealed the defects or assumed a guarantee for the condition of the shipped item. If the customer is a consumer, claims for material defects lapse after two years in accordance with the statutory provisions.

Section 9 Liability

MAN Truck & Bus SE shall be liable for harm to life, person or health, as well as generally for all damages based on gross negligence or wilful intent in accordance with the statutory provisions. Moreover, MAN Truck & Bus SE shall be liable, regardless of the legal grounds, only due to infringement of material contractual obligations or to the extent that MAN Truck & Bus SE fraudulently concealed the defects or assumed a guarantee for the condition of the shipped item. However, compensation for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract. Liability under the product liability law remains unaffected.

The strict liability of MAN Truck & Bus SE in the area of tenancy law and similar conditions of use, particularly for software, for defects that already existed upon conclusion of the agreement shall be expressly excluded. MAN Truck & Bus SE shall not be liable in particular for defects, damages or consequential damages arising from a lack of compatibility or interoperability of the software with the customer's systems. It is the responsibility of the customer to check the software and the respective data media using an up-to-date virus detection program.

The statutory limitation regulations apply.

Section 10 Place of fulfilment, applicable law and place of jurisdiction

The place of performance for all the obligations of both contractual parties is Munich. The contractual relationship and the related legal relationships are governed exclusively by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and the application of other laws, treaties, etc. is excluded. The place of jurisdiction for all legal disputes arising from or in connection with the agreement, including the issue of its entry into force, is Munich, insofar as the agreement is concluded with merchants or persons who do not have a general place of jurisdiction in Germany or whose domicile or place of residence is unknown and insofar as no other place of jurisdiction is bindingly prescribed due to mandatory legal provisions. MAN is also entitled to take action at the court with general jurisdiction for the customer.

Should any provision of these Terms and Conditions and the underlying agreement be or become invalid or unenforceable in whole or in part, or lose its validity or enforceability at a later date, this shall not affect the validity of the remaining provisions of the agreement and the Terms and Conditions. The contractual parties are obliged to replace the invalid provision with a provision that comes as close as possible to its economic result.

Section 11 Changes to the General Terms and Conditions and services

MAN Truck & Bus SE reserves the right to change these General Terms and Conditions provided that the changes are reasonable for the customer taking into account the interests of MAN Truck & Bus SE. This is the case in particular if the changes do not have economic disadvantages for the customer, e.g. in the event of changes in the registration process, changes to contact persons, changes or completion of the service information offer or similar, as well as amendments to the GTC in consideration of changes in law, modified or new services, functionalities or content. MAN Truck & Bus SE also reserves the right to modify these General Terms and Conditions at any time. MAN Truck & Bus SE shall notify the customer of the respective change by e-mail or in writing. If the customer fails to lodge an objection within a period of six weeks after notification of the change by e-mail or in writing, the respective change shall become part of the existing contract between the contractual parties. If the customer objects to the changes to the GTC within the specified period, both contractual parties have the right to terminate this agreement with immediate effect.

MAN Truck & Bus SE reserves the right to update, change or discontinue the functions of individual services. MAN also reserves the right to discontinue individual services altogether, insofar as this is permitted by law.

Section 12 Dispute resolution

MAN Truck & Bus SE is neither prepared nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

“Online dispute resolution pursuant to Article 14 (1) ODR Regulation: EU platform for out-of-court online dispute resolution http://ec.europa.eu/consumers/odr/.“

Notification of revocation

Right of revocation for consumers (Section 13 of the German Civil Code (BGB))

You may revoke your intent to contract within 14 days without providing a reason in writing (e.g. letter, fax or email), or - if the item is transferred to you before the period expired - by sending back the item(s). The period begins after receipt of this notice in written format, but only once the goods have been received by the recipient and also not before the information-related obligations of MAN TRUCK & BUS AG under Article 246 Section 2 in conjunction with Section 1, para. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) as well as the obligations of MAN Truck & Bus AG under Section 312e, para. 1, p. 1 of the German Civil Code (BGB) in conjunction with Article 246, Section 3 of the Introductory Law to the German Civil Code (EGBGB) have been fulfilled. To meet the deadline for revocation, it is sufficient to send the revocation notice or return the item within the period. The revocation shall be sent to:

MAN Truck & Bus AG

MAN Service Portal

Dachauer Straße 667
D­80995 München, Germany

Freephone
Tel.: 00800 – 20212223

Tel.: +49 89 1580 7888
E-mail: ehd@man.eu

Consequences of revocation

In the case of a contract for the delivery of digital content not on a physical data medium, the right of revocation expires if we have commenced the execution of the contract after you have expressly agreed that we will commence the execution of the contract before the expiry of the term for revocation and you have acknowledged that, by giving consent, you will lose your right of revocation at the start of the execution of the contract.