Legal

General Terms and Conditions

DÖLCO GmbH, Gewerbestr. 19, 79112 Freiburg-Opfingen -- Status: March 2013

Note: These General Terms and Conditions apply to all business relations between DÖLCO GmbH and entrepreneurs. If you have any questions, please contact info@doelco.de.

§ 1

Validity of Terms - General

These terms apply to all current and future business relations. Deviating or supplementary terms only become part of the contract upon written confirmation.

Customers within the meaning of these terms are entrepreneurs -- natural or legal persons acting within the scope of their commercial activities.

The seller reserves all property rights and copyrights to cost estimates, drawings, and other documents. These may only be made accessible to third parties with written consent and must be returned upon request if no order is placed.

§ 2

Conclusion of Contract

Our offers are non-binding and subject to change. Technical modifications regarding shape, color, or weight are reserved.

The customer's order constitutes a binding declaration valid for four weeks. The seller may accept this within this period by written notification or delivery.

Contracts are subject to proper and timely self-supply by the seller's suppliers. In case of unavailability, the customer will be informed immediately and will receive an immediate refund.

Our sales representatives have no collection authority and cannot make verbal agreements that exceed the written contractual terms.

§ 3

Prices - Default - Offsetting

Prices are exclusive of packaging and statutory VAT.

Price changes are only permitted if more than four months pass between the conclusion of the contract and delivery; otherwise, the agreed price applies.

Payment is due upon delivery without deduction, unless otherwise agreed. During the period of default, the customer must pay interest on the debt at a rate of 1.2% per started month. The seller may claim higher damages.

The customer may only offset undisputed or legally confirmed claims; rights of retention apply only to claims arising from the same contract.

§ 4

Delivery - Default of Acceptance

Delivery dates must be in writing. After six weeks of missed deadlines, the customer may set a reasonable grace period.

Force majeure and unforeseen obstacles exclude default. Partial deliveries are permitted if reasonable for the customer.

In the event of default of acceptance by the customer, the seller may terminate the contract and claim damages in the amount of 30% of the purchase price, subject to proof of higher actual damage.

§ 5

Transfer of Risk

Risk transfers to the customer upon handover; for shipments, upon handover to the carrier.

This also applies if the customer is in default.

§ 6

Retention of Title

For contracts with companies, we retain ownership of the goods until all claims have been fully settled.

The customer is obligated to handle the goods properly and perform necessary maintenance at their own expense.

Seizures, damage, or destruction must be reported to the seller immediately. In the event of breach of contract, payment default, or failure to maintain, the seller may terminate the contract and reclaim the goods.

Pledging is prohibited during the retention period. The entrepreneur may resell the goods but assigns claims to the seller, who may collect them in the event of payment default.

Processing is carried out on behalf of the seller; in the event of mixing, proportional co-ownership arises.

§ 7

Warranty

Failure to follow instructions, unauthorized modifications, or the use of non-original materials will void the warranty.

The seller will initially remedy defects through repair or replacement. If this fails, the customer may demand a price reduction or withdrawal -- except in the case of minor defects.

Entrepreneurs must notify the seller in writing of obvious defects within 2 weeks of receipt of the goods. The burden of proof for defects lies with the customer.

For entrepreneurs, the warranty period is one year from delivery of the goods.

Only the seller's product description is considered the agreed quality; manufacturer specifications are excluded. Faulty instructions only give rise to a claim for replacement if they hinder proper assembly.

§ 8

Limitation of Liability

In cases of slight negligence, liability is limited to foreseeable, typical, direct average damages.

In cases of slight negligence regarding non-essential obligations, liability is excluded. Product liability claims remain unaffected.

Full liability applies in cases of bodily injury, death, or gross negligence.

The customer's claims for damages due to a defect become time-barred one year after delivery of the goods -- except in cases of gross negligence or personal injury.

§ 9

Final Provisions

The place of performance is Freiburg im Breisgau. The place of jurisdiction is, at the seller's discretion, Freiburg or the customer's registered office, subject to mandatory legal provisions.

German law applies exclusively; the UN Sales Convention (CISG) does not apply.

Invalid provisions will be replaced by economically equivalent regulations that the parties would have agreed upon.

DOELCO GmbH
Gewerbestr. 19 · 79112 Freiburg-Opfingen
Managing Director: Andreas Berns, Timo Karnik
HRB 705937 · VAT ID No.: DE 273979536
Tel: +49 7664 / 50559-0 · info@doelco.de