Get closest hubs
Show filtersHide filters
Share this page
We would like to inform you that MAN Diesel & Turbo SE intends to
improve selected procurement processes and make them digital and automated.
Our first step will be to focus
on orders, and sending them electronically by e-mail. Further steps will follow
at a later date (e.g. sending calls for tender and order confirmations).
The first phase of the
transition will involve the plants in Augsburg, Oberhausen, Berlin, Hamburg,
Zurich and Saint-Nazaire. The plants in Stockport, Velká Bíteš and Aurangabad
will follow in the second wave.
To be able to engage in
e-commerce with MAN Diesel & Turbo SE in the future, please carry out the
following two steps:
Please enter your company details:
Along with all orders being
sent electronically by e-mail, all documents related to an order (e.g.
drawings, specifications, quality guidelines) will be sent via NEXUS. NEXUS is
an online platform of MAN Diesel & Turbo SE where all documents are
collected and made available for download.
You will receive an e-mail
inviting you to join the platform in the next step if NEXUS registration is
appropriate for your company. Please accept the invitation because registration
on NEXUS will be necessary to receive documents automatically and
electronically in future.
Please enter the details of the person we should contact regarding
The B2B agreement governs the
terms and conditions for e-commerce between MAN Diesel & Turbo SE and your
Agreement on digital communication and digitalisation of procurement and ordering processes
MAN Diesel & Turbo SE
the supplier (hereinafter the "Supplier")
In the future, MDT intends to communicate with business partners, map different business processes and conduct business digitally. In particular, documents and information from the procurement and logistics divisions will be made available digitally. That should make the exchange of information related to initiation of contracts and provision of services quicker and more effective. In the first step, orders from MDT will only be sent digitally. Further steps will see digital communication extended to other document types and business processes. In general, information on changes or additions will also only be sent digitally and informally in future, unless specific written form is required.
As a general rule, future declarations of intent sent digitally will be just as legally binding as statements issued in other ways, such as by fax or telephone. In this respect, specific procedures and due diligence obligations, for example, must be observed.
The present agreement contains provisions on the specific electronic/digital form of communication to which MDT and the Supplier agree as binding upon themselves.
In this respect, the ordering process which was previously conducted only by fax or post shall also be converted to an electronic/digital ordering process with this agreement.
The parties therefore wish to conclude the following agreement with one another.
1. The parties agree that all future correspondence between them (except in cases with a statutory written form requirement) as well as procurement and ordering processes will, from the date of entry into force of this agreement, gradually be digitalised and may be undertaken. As soon as MDT digitalises its business processes, it will inform the Supplier of the transition informally by e-mail.
2. Unless the parties have introduced a legally recognised digital signing procedure for their digital communication with each other, the burden of proof regarding
- the identity of the sender
- receipt of the e-mail and/or
- the contents of the e-mail
falls on whichever party is relying on it. In this respect, the general legal provisions on the burden of proof shall apply.
In the matter of proof of receipt of a digital message, however, the parties agree that a digital message is considered received once it has arrived at the receiver's communications equipment. A message has arrived once it has reached the first technical device of the receiver's communications equipment. The message is therefore deemed to have arrived at the receiver's communications equipment if the sender proves proper dispatch, unless the receiver proves that they have not received the message. Communications equipment means all technical devices and means, in particular the hardware and software that the users use to exchange digital messages on the basis of this agreement.
3. Both parties acknowledge that, with digital communication, it cannot be ruled out technically that third parties may become aware of the content of unencrypted e-mails. They are aware that, with electronic data transfer by e-mail or in addition to unauthorised access by third parties, further security risks (loss of data, transmission of viruses, transfer errors or failures, etc.) cannot be ruled out with any certainty. The parties are not, therefore, liable to one another for such events. MDT has the right to introduce at any time an encryption process and/or a legally recognised electronic signature (such as the Adobe Sign product "electronic signature") for the digital communication. The Supplier shall undertake to implement this. Each party must bear the costs they incur for this themselves.
4. The provisions laid down in this agreement have precedence over the respective contract terms of future orders and/or existing framework agreements insofar as they contradict. If they do not contradict the present provisions, they supplement them.
II. Specific provisions on the electronic/digital ordering process
1. With regard to the future electronic/digital ordering process, which will be carried out by e-mail, both parties agree to introduce the following standard:
a) Setting up an electronic mailbox for orders
(i) The Supplier shall undertake to set up an electronic orders mailbox and e-mail address, which are not linked to specific individuals, to which MDT can send orders. The e-mail address for orders must be registered on the website http://dieselturbo.man.eu/company/purchasing/digitalization-procurement-processes on which the Supplier agrees to this agreement.
(ii) The Supplier shall undertake to inform MDT immediately if the e-mail address for orders changes.
b) The Supplier shall undertake to ensure
(i) that the electronic mailbox for orders automatically sends a receipt confirmation to MDT's sender upon receipt of the order e-mail,
(ii) that the electronic mailbox for orders is always monitored and that all incoming orders are forwarded to the relevant responsible department immediately upon receipt so the orders can be processed promptly, and
(iii) that – unless separate written provisions exist – the order is confirmed by means of an order confirmation e-mail which is sent to MDT by authorised representatives of the Supplier in accordance with existing processes.
(iv) that the supplier registers on NEXUS (http://dieselturbo.man.eu/nexus) - if NEXUS registration is appropriate for the company and it is explicitly requested by MDT by e-mail invitation- and downloads all documents which are collected and made available by MDT for the supplier there. NEXUS is an online platform, by which all documents related to an order (e.g. drawings, specifications, quality guidelines) are transmitted.
2. Conclusion of contracts
a) The parties agree that a contract on the basis of an order e-mail from MDT shall only be considered to have been effectively concluded with the Supplier if the Supplier – unless separate written provisions exist – has sent an order confirmation e-mail which confirms or does not contradict the content of the order e-mail and the MDT's General Purchasing Conditions attached to the order e-mail.
b) The Supplier shall undertake to send MDT an appropriate order confirmation e-mail within no more than 10 working days of receipt of the order e-mail – unless separate written agreements exist – if the Supplier would like to accept the order. Once that term has expired, MDT is no longer bound to the order request, if the order is not already identified as non-binding or already subject to a different time limit.
III. Declaration of consent
IV. Applicable law and jurisdiction
1. If the content of this agreement forms the subject matter of contentious proceedings based on a future order, and the future order and/or underlying framework agreement is governed by German or Swiss law, the law and choice of court of jurisdiction (or court of arbitration) of the future order in question and/or the underlying framework agreement shall apply.
2. In all other cases, the following shall apply for the applicable law and jurisdiction with regard to this agreement:
a) If the Supplier is headquartered in Germany:
(i) If the Supplier is headquartered in Germany, this agreement shall be subject to German law.
(ii) The legal venue is Augsburg, unless the law stipulates another mandatory legal venue.
b) If the Supplier is headquartered outside of Germany:
(i) If the Supplier is headquartered outside of Germany, Swiss law shall apply, to the exclusion of the law of conflicts. The applicability of the Convention of the United Nations of 11.04.1980 on Contracts for the International Sale of Goods is hereby excluded.
(ii) Any disputes which arise in relation to this agreement or its validity are decided in accordance with the Rules of Arbitration of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law.
- The place of arbitration is Zurich, Switzerland.
- The number of arbitrators is three.
- The language of the arbitration proceedings is German if the agreement is concluded in German or English if the agreement is concluded in English.
1. Additions, amendments or modifications to this agreement shall be invalid unless they have been agreed in writing and signed by authorised representatives of each party. That also applies to any amendments to this provision.
2. Those signing this agreement on behalf of their company affirm that they have the authority to commit their company with legal effect.
3. If a provision of this agreement should become invalid, void or unenforceable, all other provisions of this agreement remain effective and valid. The parties shall endeavour to replace the invalid, void or unenforceable provision with an effective and valid provision which, within the boundaries of the law, corresponds to the business purpose which the parties were pursuing with the invalid, void or unenforceable provision.
4. This agreement does not give rise to an obligation to exclusive cooperation or to a company of any legal form or other binding forms of cooperation between the parties. Moreover, this agreement does not constitute any obligation to conclude future agreements.
VI. Entry into force of this agreement
1. This agreement is effective upon use of the website http://dieselturbo.man.eu/company/purchasing/digitalization-procurement-processes by suppliers, click of the acceptance button (“We accept the agreement”) and activation of the "Send" button on.
2. The Supplier additionally undertakes to print out this agreement, fill in the relevant fields, sign a hard copy and send the original back to MDT at the following address:
MAN Diesel & Turbo SE
Alternatively, the Supplier can send a scan of the signed agreement to BGSP@mandieselundturbo.com. The Supplier hereby agrees that the scan has the same binding force and legal effects upon him or her as an original document with an original signature; for the entry into force of the agreement clause 1 shall apply.
You can download the agreement here.
In addition to your digital
acceptance, this agreement requires a written statement. The statement must
enable identification of the company issuing it and it must be sent in its
original form to MAN Diesel & Turbo SE. Please print out the document, fill
in the relevant fields and make sure that it is signed by the authorised
representatives at your company. Please then send it to the following address:
MAN Diesel & Turbo SE
Alternatively, you can
send a scan of the signed agreement to BGSP@mandieselturbo.com. You thereby agree that
the scan has the same binding force and legal effects as an original document
with an original signature.
If you do not accept the
agreement, you will not be able to receive digital documents. We reserve the
right to charge extra for the additional costs incurred by having to follow the
old, non-digital process.
If you have any questions,
please do not hesitate to get in touch. We can be contacted by telephone or
e-mail from Monday -
Friday, 9 a.m. - 3 p.m. UTC.
Tel. +49 821 322-6137
As soon as you have finished your registration, you will receive an
e-mail, which contains all information you specified on the website. Also the
B2B Agreement which has to be signed by you will be, once again, attached to