Contractual conditions

TERMS AND CONDITIONS

General Terms and Conditions for access to and use of the Site

1.     Agreement

1. 1.This Agreement  shall deem to enter into force by and between the Customer and the Company only upon acceptance by the Customer of the present Terms and Conditions.

2.     Subject and scope of the Agreement

2. 1.The present Agreement governs the access and registration by the Customer onthe Site, as well as the purchase by the Customer of the Services, according to the Terms and Conditions expressly defined hereunder.

2. 2.Technical Information shall include all information supplied to authorised Mechanics for the repair and/or maintenance of Company’ machines or which related parties may have introduced to the market. Particular examples of Technical Information include software, error codes and other parameters, together with their relative updates, required to reprogram vehicle electronic control units (ECUs) with the objective of restoring the settings recommended by the Company, or in case of substitution, of restoring said settings; machines identification methods; spare parts catalogues, including parts codes, descriptions, prices and illustrations of the parts; technical solutions resulting from practical experience relative to problems typical of a certain model or line of vehicles; product recall lists and all other information regarding repairs to be performed by the service network at Company’s expense.

2. 3.The material contained on the Site can be consulted on-line through payment via credit card, as defined in section 4.2 below.

2. 4.Aside from members of the Authorised Service Network, only the following subjects may access the Site: companies and individuals supplying vehicle repair and maintenance services, as well as companies operating directly or indirectly in vehicle repair and maintenance, in particular independent producers or distributors of tools or equipment for repairs; independent distributors of spare parts; publishers of technical information; automobile clubs and associations; roadside assistance operators; operators offering testing and inspection services; producers and mechanics for alternative fuel systems; and producers of diagnostics and test equipment.

2. 5.Registration is required to be able to use the Site: by registering, the Customer accepts the Terms and Conditions expressly laid down in this Agreement.

3.     Registration process

3. 1.Registration is required in order to gain access to and use the Site. This is performed by completing the form found on the Site, certifying full and complete acknowledgment and agreement with all  theseTerms and Conditions. The registration form must be filled out in full, truthfully and in good faith. The Company reserves the right to definitively withdraw access to the Site without prior notice if the Customer concerned is found to have supplied incomplete or untruthful information, or if they are found not to meet the requirements indicated above in section 2.4.

3. 2.Registration requires the Customer to supply information regarding: personal data and contact details – including email address – and other information necessary for registration or, where authorised, sending of commercial information.

3. 3.After supplying and confirming the required information, the Customer will receive an email with a username and a temporary password which will allow his to specify a personalised password giving access to the Site and available Services.

3. 4.Information on handling of personal data is given in the Privacy section.

3. 5.The Customer is solely responsible for safeguarding its username and password and any access and use of the Site resulting from it.


3.6 The Customer is solely responsible for any and all expenses relating to the procurement of hardware, software and telecommunications services necessary to use the Services. The Customer must immediately notify the Company of any unauthorised use of its password, and promptly disconnect from the Site in this case.

4.     Fees for use of the Site

4. 1.Site access methods and durations are given in the tables below, along with their relative pricing. A discounted price may be applied where users have additional outlets and wish to purchase access to the site.

RMI indipendend repairer  1 hour

1 day

1 week

1 month

1 year

Spare Parts Catalogue

€ 11.00

€ 22,00

€ 75,00

€ 150,00

€ 1030,00

Service Manuals; Service Bulletins; Standard Repair Times; Service Tool Information

€ 5.00

€ 10.00

€ 41.00

€ 124.00

€ 1236.00

EST (Electronic Service Tool) - Read data

€ 30.00

€ 50.00

€ 100.00

€ 200.00

€ 400.00

EST ( Electronic Service Tool) - Read and calibrate

€ 50.00

€ 75.00

€ 150.00

€ 300.00

€ 500.00

EST ( Electronic Service Tool) - Read, calibrate - Download

€ 100.00

€ 150.00

€ 300.00

€ 500.00

€ 800.00

  • Tabel valid only for RMI indipendend repairer not valid for B2B or others typology  

 

The prices given allow timed access to the relative information.

"Per transaction" prices (e.g. control unit reprogramming are given when purchasing).

4. 2.Connections with the durations indicated in the table above can be activated directly from the Site with the option "PURCHASE on line" via credit-card payment.

4. 3.Tech Information uses the X-PAY CartaSi service for processing on-line payments.

4. 4.When checking out from the virtual store, after having entered all necessary information into the order module, the Customer will be requested to enter credit card payment information as follows:

a.     The connection is transferred from the Site directly to X-PAY CartaSi's secure server: the presence of a secure connection is shown by a closed padlock or a key at the bottom of the browser or in the address bar.

b.     The system requests the Customer's information and the number, type and expiry date of the credit card being used for payment. Credit card data is managed by and known only to X-PAY CartaSi, the Company does not have access to these data.

c.     The purchase total is automatically transferred from the shopping cart to X-PAY CartaSi, calculating any applicable fees.

d.     X-PAY CartaSi uses the information given to perform an interbank POS transaction, obtaining a response of payment authorised or declined. If the system authorises the payment, the Customer is debited the purchase amount to their card; if it is declined the transaction cannot be completed unless another payment method is used.

e.     Once the transaction has been successfully completed, the Customer will receive an email with a summary of the order, payment summary and receipt, and the credentials necessary to access the service.

f.      Once the operation is finished, the X-PAY CartaSi system will disconnect and the Customer will be automatically redirected back to the Tech Information Site.

For further information, consult the website www.cartasi.it

4. 5.The duration of the connection runs from the date and time it is activated (not from the time and date of purchase), whenever the day of registration is. For example, if the Customer, after registering, activates a 1-day connection at 10:18, the connection will expire at 10:18 local time on the next day, regardless of the actual connection and/or consultation time. As a consequence, the Customer shall be responsible for ensuring that the options given in the table meet their needs in terms of both the nature of the Technical Information requested and the time allowed to consult it.

In the case of the online reprogramming/configuration service for control units/electronic components of the machines, the connection duration runs from the date and time the service is activated, whatever the day of registration.
The Customer, once registered, activates the connection for the service which finishes when the service has been correctly supplied, independently of the actual connection time. The Customer shall be responsible for ensuring the suitability of the equipment and infrastructure at its disposal (PC, software, connection speed and hardware) and the prices given in the table for supply of the reprogramming service with reference to their actual needs, both as regards the nature of the service requested and the agreed upon term for its use.

4. 6.The Customer must activate the connection to the Technical Information purchased as per above within 6 (six) months of the date of purchase: after this time the purchase will expire and no refund shall be due by the Company.

4. 7.The Customer must complete transaction-based services purchased as per above within 6 (six) months of the date of purchase: after this time the purchase will expire and no refund shall be due by the Company.  

5.     Access to the Site

5. 1.Access to the Site is possible 24 hours a day, 7 days a week, except for situations caused by force majeure or scheduled maintenance. It is hereby expressly agreed that the Company CNH INDUSTRIAL may, at any time, interrupt, limit, suspend, or fully or partially restrict access to the Site or Services in order to perform updates or maintenance operations or to resolve technical problems relating to the servers, networks or software used for their supply, or due to breach by third-party suppliers of services. The Company may also modify, add to or suspend a service at any time, in which case the Customer shall be informed.

5. 2.The Customer nevertheless hereby recognises that the public nature of the internet prevents the Company from guaranteeing that: i) The Customer is able to access the Site or a particular service at any time, ii) Access not be interrupted, and iii) Access be free from any errors.

5. 3.The Customer recognises that neither the Company nor its suppliers are responsible for, and shall not be liable for any damages due to, the interruption, suspension, modification or withdrawal of the Site or any of its services.

6.     Intellectual property rights

6. 1.All text, drawings, images, graphics and other materials found on the Site are intellectual property of the Company, its affiliates and licensees. The Company or its affiliates hold all rights regarding the selection, organisation and management of materials on the Site.

6. 2.All trademarks displayed on the Site are subject to exclusive rights on Company’s or its affiliates' brands. Unauthorised use of any trademark displayed on this Site is absolutely forbidden.

6. 3.The Site, including all materials, is protected worldwide by applicable legislation regarding intellectual property rights and its use, whether or not there is a declaration present on the Site regarding such rights for the materials. The Customer commits to respect all worldwide laws on intellectual property rights with regard to the Site and its use, and to prevent and not carry out unauthorised reproduction of these materials.

7.     Guarantees, responsibility and limits of responsibility

7. 1.The Customer commits to respect all regulations under this Agreement governing the use of the Site, Services and Technical Information, as well as all national and international laws and regulations governing the Customer's use of the Site, directly or via third parties.

7. 2.The Customer commits above all to:

·         Not use the Site fraudulently, illegally or without authorisation

·         Not use the Site and its Services in violation of current laws and regulations, intellectual property legislation and requirements laid out by the Company

·         Not use the Site in such a way as to impede or interfere with access by other Customers

·         Not remove, hide or damage any declaration of copyright, trademark or declaration of property rights added to or contained within the Site and its Services.

·         Not permit unauthorised disclosure or reproduction of any part of the Site or information obtained from it

·         Not authorise any third party to access, use or benefit from the Site or its contents

·         Not create frames on other websites using information elements obtained through or referring to the Services

·         Assume responsibility for security and/or use of their personal username and password and not to give these to third parties

·         Use the Site in conformity with the terms of this Agreement

7. 3.The Company, taking circumstances into account, may take all measures deemed necessary and suitable as regards the Customer's use of the Site. Specifically, the Company may interrupt, limit, suspend, or fully or partially restrict access to the Site, without prior notice or compensation, due to incorrect behaviour or failure to observe applicable laws and regulations or the terms laid out in this Agreement by the Customer.

7. 4.The Company shall not be responsible for direct or indirect damages incurred by the Customer or a third party due to the Customer's use of or reliance on the Technical Information and Services provided by the Site. The Customer shall indemnify and guarantee the Company against any action, indemnity or request for damages resulting from or linked to an action or omission on the Customer's part, or resulting from or linked to use of the Site or Services.

7. 5.The Company makes the Site available purely for informational purposes. It shall remain the full responsibility of the Customer, as an expert in service and repair of Company’ Products, to ensure the suitability and accuracy of any information downloaded from the Site and the manner in which this is used. The Company makes no guarantee that the information available through this Site is accurate, complete or up-to-date; or that the Site or anything contained within is free from errors and omissions.

7. 6.The Company shall not and cannot be held responsible for repair and maintenance operations performed on the Products by the Customer or by third parties using the Technical Information and/or Services offered by the Site, inasmuch as full responsibility rests with those actually performing these operations.

8.     Duration of the Agreement

8. 1.This Agreement enters into force only upon acceptance by the Customer of the present Terms and Conditions for an indefinite period.  Both Parties may withdraw from the Agreement at any time by  serving to the other Party a written notice via registered letter with return receipt.

8. 2.Notwithstanding the above, it is agreed that the Parties may terminate this Agreement at any time in case of breach by one Party of one or more obligations under this Agreement.  

9.     Auditing rights

9. 1.The Company shall have the right to perform a periodic audit of the Customer's use of the Site, in full respect of this Agreement's privacy clauses, in order to ensure that the Customer is respecting the terms of the Agreement. 

10.  Site Updates

10. 1.The Company reserves the right to modify and/or update at any time the methods for accessing the Site. These modifications and/or updates require of the Customer that they regularly consult the Site to check the applicable conditions.

11.  General Provisions

11. 1.Assignment.

The Customer may not transfer any right or obligation under this Agreement without prior written authorisation from the Company.

11. 2.Waiving of rights

The fact that one Party does not make use of a right, power or prerogative recognised by these Terms and Conditions, or delays in doing so, shall not be interpreted as waiving said right, power or prerogative. The waiving of a right shall be effective only if established by a document signed by the Party subject to its effects.

11. 3.Notices.

All notices and servings regarding the present Agreement must be sent by post or fax and confirmed by registered letter with return receipt.

11. 4.Independence of clauses.

The full or partial invalidity or inapplicability of any term or clause in this Agreement shall not result in the invalidity or inapplicability of the remaining terms or clauses with regard to current laws and regulations.

11. 5.Force Majeure

The following shall expressly be considered acts of force majeure under this Agreement, in addition to those normally considered as such under Italian law: industrial action and strikes both internal and external to the company, severe weather, governmental and legal restrictions and modifications of commercial practices, computer faults and communications outages, deterioration of Company’ servers, and any and all other cases outside Company’s express control.

The occurrence of a case of force majeure shall initially cause the suspension, under law, of the execution of the present Agreement. If, after a period of 3 (three) months, the Company and the Customer find that the case of force majeure is still in effect, this Agreement shall automatically be terminated under the law, save for agreement to the contrary between the Company and the Customer. 

12.  Resolution of disputes

12. 1.The Parties shall act in good faith to resolve any disputes which should arise regarding this Agreement. Disputes shall include, but not be limited to, the following: application/interpretation of the Agreement, availability of technical documentation (repair manuals, time schedules, spare parts catalogues, training), completeness of the technical documentation, languages in which the documentation is available, correctness of the technical documentation, website subscriptions, technical documentation and diagnostic equipment purchase orders, prices and discounts, payments, website interruptions/outages (if ascribable to the Company). The mediation procedure shall not apply to disputes not directly ascribable to this Agreement and to the Technical Information present on the Site, including, but not limited to: delays in delivery of spare parts and/or Company’s original equipment, delays in the repair of Company’ vehicles owing to delays in the delivery of spare parts and/or Company’s original equipment, warranty and product claims regarding Company’ vehicles, general claims regarding Company’ vehicles, claims regarding dealers and/or mechanics of the Company’s network, claims regarding vehicle assistance and servicing.

12. 2.Unless otherwise agreed between the Parties, whenever they should not have settled the dispute via mediation within 45 (forty five) days of its start, the dispute may be submitted to the Court of Turin, Italy, which shall have exclusive jurisdiction. This Agreement is made subject to, and shall be interpreted under, Italian law. The original Italian version of this Agreement shall take precedence over any translation should discrepancies arise.

12. 3.The mediation procedure shall not pre-empt any rights the Customer may have to file a claim directly with the Court of Turin, Italy, which shall exercise exclusive jurisdiction. 

13.  Approval of this Agreement

13. 1.The Customer declares they have read and agree with this Agreement in its entirety, specifically having examined the clauses of the following sections, pursuant to Article 1341 and Article 1342 of the Italian Civil Code:

·         Section 2

·         Section 5

·         Section 7

·         Section 8

·         Section 11

·         Section 12

Specific disclaimers

Spare parts catalogue

  • Searching by chassis number requires the last nine (9) figures of the chassis number to be entered. If there are different chassis with the same last 9 numbers, the System will present a drop-down list of the available chassis, allowing the relevant one to be unambiguously identified. In the case of access to the RMI Portal, the system will request the chassis number be entered again (even if it has already been entered in the RMI Portal).
  • In the case of PN replacement with from/to rule (in other words, product modification determining the application of PN 1 up to chassis X and PN 2 from chassis X+1), the System will present both solutions, giving the relevant information in terms of PN and Reference Chassis in order to allow a definitive, unambiguous choice. In practice, the "historical" status of the Component being searched for is shown, thus also showing applicability to other chassis not included in the search.

Control unit reprogramming

The technical requirements which Independent Operators will have to meet to reprogram vehicles are listed below The technical requirements are organised into:

  • PC configuration requirements
  • VCI requirements
  • Vehicle connectors

IMPORTANT:

The Company  does not deal with third-party VCI performanceThe Company SW and relative vehicles conform to RP1210 as regards connections to the VCI, while the VCI manufacturers are responsible for their devices' correct operation with each Company vehicle using Company  SW.

 

PC configuration requirements

Minimum recommended configuration:

a.     500 Mhz processor minimum

b.     2 GB RAM minimum

c.     Minimum 500 MB free hard-disk space

d.     Display resolution 1024x768 minimum

e.     High-speed internet connection, e.g. DSL

Software requirements:

a.     Microsoft Windows™ 7 Enterprise 64 bit or Microsoft Windows™ 8 Enterprise 64 bit or Microsoft WindowsTM 10 64 bit OS

b.     User signed on as administrator

c.     Internet Explorer 10.0 or later web browser

d.     Adobe Acrobat Reader version 10 or later

VCI requirements

A VCI is required, available from Company  compatible with RP1210 standards, meeting the following requirements:

1.     The link between the PC and VCI must use a USB connection

2.     The VCI driver and relative software must be installed by the independent operator

3.     D-PDU API setup must conform with Windows 64 bit

4.     The link between the vehicle and VCI must be compatible with the pin-out of the connector present on the vehicle

Vehicle Connector

Independent Operators must bear in mind the following minimum requirements implemented on Company’  Products:

A . Ground

B. Un Switched +12v

C. CAN High

D. Can Low

E Shield

F OPEN

G OPEN

H. CAN High

J. CAN Low

eTIM

The information contained in this Site may not be up to date due to modifications that the Manufacturer may make at any time for technical and/or commercial reasons. Therefore, information on repairing some components may not be present inasmuch as they require repair operations to be performed directly by the service network of the Manufacturer of the component itself.  

This Site is continuously updated in order to best respect legislative changes and requirements. Some search methods may not yet be completely optimised, such as searching by term, by component or wiring diagram, by DTC or by symptom, even though the information necessary for the repair operation to be performed on the Company’s vehicle is available on the Site. In this case it is recommended you consult the document indices, or else perform further filtering of the results using the search tools offered by the portal. The technical evolution of this site will allow vehicle identification by product features and type-approval number publication.