(1) Our terms and conditions of sale apply exclusively. They apply to all our offers, sales, deliveries and services. Insofar as the purchaser was not able to take note of them at the time the contract was concluded, they shall nevertheless apply if the purchaser knew or had to know them from previous business transactions.

(2) We do not recognise any terms and conditions of business of the purchaser that contradict or deviate from our terms and conditions of sale. If we carry out the delivery or service required by us in knowledge of the purchaser's terms and conditions of business, we also do not acknowledge such terms and conditions of the purchaser which are not contradicted by our terms and conditions of sale.

(3) Our terms and conditions of sale shall only apply to commercial entities within the meaning of § 310 BGB, i.e. not if the customer's order cannot be attributed to his commercial or self-employed professional activity (consumer in accordance with § 13 BGB).

(4) Oral agreements have not been made. All future amendments to this contract must be made in writing or in text form in accordance with § 126b BGB (in particular by fax or e-mail); this also applies to the cancellation of this form clause. Our sales representatives are not authorized to cancel this form orally. Changes will therefore only become effective when they have been formally confirmed by the management or the sales management.

 

(1) Our offers are subject to change without notice, unless otherwise specified.

(2) If the purchaser's order is an offer to conclude a contract, we may accept this offer within 10 days.

(3) We reserve all property rights and copyrights to illustrations, drawings, calculations and other documents. This applies in particular to such written documents which are designated as "confidential". Before passing them on to third parties, the purchaser will require our express consent in writing or text form in accordance with § 126b BGB (in particular by fax or e-mail).

 

(1) Unless otherwise agreed, all prices are quoted ex-warehouse or ex-works including the packaging. From a gross value of 1250,00 Euro our prices are free delivery within Germany. Freight, insurance, postage and all other agreed special or ancillary services will be charged additionally at reasonable prices. This shall also apply if the purchaser orders special packaging or shipment option.

(2) Our employees are only entitled to collect payment if this has been confirmed in writing to the purchaser by our management beforehand.

(3) The payment of the purchaser is due immediately. The purchaser shall be notified that he is in default of payment at the latest within 30 days after receipt of the invoice. If the purchaser is in arrears with payment, he is obliged to reimburse a lump sum of 1.50 euros for expenses for each (further) reminder.

(4) The purchaser can only offset if his counterclaims are legally established, undisputed or acknowledged by us.

(5) We are entitled to exercise a right of retention on account of all claims arising from the business relationship with the purchaser.

 

(1) The commencement of the delivery period stated by us presupposes that all technical questions have been clarified and that the purchaser has fulfilled his obligations in a timely and proper manner. The defence of non-performance of the contract remains reserved.

(2) Acts of God or disruption of operations occurring at our or our suppliers' premises, e.g. by riot, strike or lockout, which temporarily prevent us from delivering the object of purchase on the agreed date or within the agreed deadlines without our own fault, will change the delivery times or delivery periods specified by us by the duration of the disruption in performance caused by these circumstances. If a corresponding disturbance leads to a delay in performance of more than 2 months, the buyer shall be entitled to withdraw from the contract.

(3) If the object of the contract is not a concrete object, we are obliged to deliver an object of medium type and quality from the stipulated category. This obligation to procure such an item is limited to the stock in our warehouse or goods from our production. If we do not produce the stipulated goods or if we have not yet received them, we reserve the right to supply ourselves. This shall apply mutatis mutandis in the event of a special purchase of goods which we have not yet received as property. We shall not be liable for any non-delivery by our supplier for which we are not responsible. This shall also apply in the event of a delay in delivery by our supplier for which we are not responsible.

(4) The manufacturer reserves the right to make design or shape changes, deviations in colour and changes to the scope of delivery during the delivery period, provided that the object of purchase is not significantly changed and the change is reasonable for the purchaser.

(5) We reserve the right to charge a surcharge for very small quantities.

 

(1) The commencement of the delivery period stated by us presupposes that all technical questions have been clarified and that the purchaser has fulfilled his obligations in a timely and proper manner. The defence of non-performance of the contract remains reserved.

(2) Acts of God or disruption of operations occurring at our or our suppliers' premises, e.g. by riot, strike or lockout, which temporarily prevent us from delivering the object of purchase on the agreed date or within the agreed deadlines without our own fault, will change the delivery times or delivery periods specified by us by the duration of the disruption in performance caused by these circumstances. If a corresponding disturbance leads to a delay in performance of more than 2 months, the buyer shall be entitled to withdraw from the contract.

(3) If the object of the contract is not a concrete object, we are obliged to deliver an object of medium type and quality from the stipulated category. This obligation to procure such an item is limited to the stock in our warehouse or goods from our production. If we do not produce the stipulated goods or if we have not yet received them, we reserve the right to supply ourselves. This shall apply mutatis mutandis in the event of a special purchase of goods which we have not yet received as property. We shall not be liable for any non-delivery by our supplier for which we are not responsible. This shall also apply in the event of a delay in delivery by our supplier for which we are not responsible.

(4) The manufacturer reserves the right to make design or shape changes, deviations in colour and changes to the scope of delivery during the delivery period, provided that the object of purchase is not significantly changed and the change is reasonable for the purchaser.

(5) We reserve the right to charge a surcharge for very small quantities.

 

(1) If it becomes apparent to us after conclusion of the contract that the (further) fulfilment of the contract is endangered due to a lack of performance by the purchaser, we shall be entitled to refuse the provision of advance performance under this contract until the corresponding consideration has been effected by the purchaser or security has been provided for it.

(2) We shall be entitled to withdraw from the contract or to terminate it without notice if, despite a reasonable period of grace for the provision of the corresponding counter performance, the purchaser fails to provide the security on a step-by-step basis.

(3) If the purchaser is insolvent or over-indebted, the opening of insolvency or composition proceedings is applied for or opened against his assets, we are entitled to withdraw from the contract or to terminate it without setting a grace period.

(4) If we terminate or withdraw from the contract in accordance with paragraphs 2 or 3, we shall be entitled to claim damages from the purchaser instead of performance or reimbursement of expenses.

 

(1) The purchaser is obliged to carry out the actions necessary for our fulfilment of the contract, in particular to accept the goods. If he violates this obligation and cannot prove that he is not at fault, he shall be obliged to reimburse us for the damage incurred in this respect, in particular additional expenses. We reserve the right to make further claims.

(2) If the purchaser defaults on acceptance of the object of purchase by us for more than 14 days from receipt of the notification of readiness for delivery or due first delivery, we may grant the purchaser a grace period of 14 days with the declaration that we will reject acceptance of the object of purchase after expiry of this period. After the unsuccessful expiry of the grace period, we shall be entitled to withdraw from the purchase contract by means of a written declaration or to demand performance for non-performance. The setting of a grace period is not necessary if the purchaser seriously and definitively refuses acceptance or is obviously unable to pay the purchase price even if a grace period is granted. In this case, we are entitled to demand a flat-rate compensation of 10% of the agreed purchase price for lost profit. However, the purchaser reserves the right to prove that we have suffered no or less damages. We also reserve the right to prove and assert higher damages.

 

(1) Unless otherwise specified in the order confirmation, delivery “ex-warehouse" or “ex-factory", i.e. EXW Oyten (Incoterms 2010) shall be agreed upon.

(2) We will not take back any packaging other than pallets and lattice boxes. The purchaser has the opportunity to have our packaging material disposed of in accordance with our agreement through Interseroh.

(3) Exchange pallets and lattice boxes which are not exchanged will be invoiced. Exchange pallets will be charges with net 16,00 Euro and box pallets with 132,50 Euro each.

(4) We shall only establish a transport insurance if this is contractually agreed. The corresponding costs shall be borne by the purchaser.

(5) We shall be entitled to make partial deliveries to a reasonable extent.

 

(1) All rights of the purchaser to claim defects depend on the fulfillment of the purchaser's obligations to inspect and notify defects in accordance with § 377 of the German Civil Code (HGB).

(2) Advertising statements of third parties are only binding for us if they have been approved by the manufacturer or us.

(3) If the purchaser fails to fully comply with our or the manufacturer's operating or maintenance instructions, or he makes changes to the products, replaces parts or uses consumables that do not correspond to the original specifications, the warranty shall lapse if the purchaser does not refute a substantiated claim that at least one of these circumstances has caused the defect.

(4) Moreover, our warranty conditions shall apply.

 

(1) If the item is defective, the purchaser shall initially only have the right to demand subsequent performance from us, provided that the subsequent performance is not unreasonable for us or we have seriously and finally refused it.

(2) Subsequent performance may consist of a new delivery of the item or repair (repair) by us or a third party engaged by us. In each case, we shall be obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labour and material costs, insofar as these have not been increased by the fact that the object of purchase has been brought to a place other than the place of performance. In case of a new delivery, the buyer must bear the costs for a dismantling and installation of the purchased item if he is a commercial entity.

(3) We shall be entitled to choose between the various types of subsequent performance at our reasonable discretion (§ 315 BGB [German Civil Code]). In any case, we shall be entitled to refuse a type of subsequent performance selected by the purchaser if the other type of subsequent performance creates 15% lower costs for us. The remaining residual value of the item returned in the case of a new delivery shall be credited against this.

(4) We shall be entitled to provide the subsequent performance dependent on an appropriate share of the purchase price having been paid. We shall also be entitled to refuse subsequent performance if the costs thereof exceed the stipulated purchase price. If we are at fault for the defect, or if we have assumed a warranty for the absence of the defect, we can only refuse subsequent performance if its costs exceed the stipulated purchase price by one third. The remaining residual value of the item returned in the case of a new delivery shall be credited against this.

(5) Any subsequent performance by us shall be conducted without recognition of a legal obligation, unless we have expressly acknowledged the defect. Our technicians or fitters are not entitled to acknowledge a defect.

(6) If a concrete object is the subject matter of this contract, we are entitled to repair it, if a repair by us or a third party contracted by us is possible. We shall also be entitled to subsequently deliver an item other than the stipulated item if it is just as suitable for the purchaser's contractual purposes as the stipulated item. If used goods are the subject matter of this contract, the purchaser (if he is a commercial entity) shall be obliged to inspect them immediately for visible defects. If he does not notify such defects within 3 weeks after the handover, the purchaser shall not be entitled to exercise any rights based on recognizable defects, if he does not prove that the defect already existed at the time of the handover.

 

(1) If the subsequent performance pursuant to § 440 of the German Civil Code (BGB) failed, the purchaser may assert the rights from § 437 Sec. 2 of the German Civil Code (rescission or reduction) or § 437 No. 3 of the German Civil Code (compensation for damages or reimbursement of expenses) at his discretion, and in compliance with the provisions of §§ 10,11,12 and 13 of these General Terms and Conditions of Sale.

(2) The purchaser is not entitled to claim damages in accordance with § 280 Sec. 1 BGB (German Civil Code) in the case of insignificant defects of the goods. The right to a reduction of the purchase price is also excluded in the case of minor defects.

 

(1) The purchaser's rights due to defects of the item shall lapse after five years after delivery of the item. This shall also apply to the purchaser's rights to compensation for damages or damages in lieu of performance, including those for all damages to other legal assets of the purchaser which have arisen through the defect, unless this concerns damage to the purchaser's life, body or health, or unless we are responsible for the defect due to intent or gross negligence.

(2) If the subject matter of this contract also includes rights, the limitation period for claims based on defects of the purchaser shall commence with the agreement of the contracting parties on the transfer of these rights to the purchaser.

 

(1) A period of time set by the purchaser for subsequent performance must be at least 14 days, unless the subsequent performance must be provided within a shorter period of time for special reasons.

(2) Even after the unsuccessful expiry of a reasonable period of grace, the purchaser shall only have the right to withdraw from the contract or to demand compensation for damages instead of performance if he has announced this beforehand when setting the grace period or any other reasonable period of time.

(3) If the purchaser sets multiple deadlines for subsequent performance, the purchaser shall not be entitled to withdraw from the contract or demand compensation for damages in lieu of performance during the respective time period.

 

(1) Return delivery and/or exchange of defect-free goods is only possible if we have expressly agreed to this. There is no legal obligation to take back the goods. Return deliveries and return shipments intended for exchange must be delivered to our registered office as quickly as possible at the expense of the purchaser, including any advance freight charges paid by us, and with a specification of the delivery note or invoice number. The purchaser shall bear the risk for this until the acceptance is conducted. We are entitled to charge storage costs or to refuse the return. The minimum handling fee for returns is 50.00 euros net. If special expenses are necessary in order to identify the returned goods or to put them in a defect-free condition (repairs, cleaning etc.), we are entitled to charge any arising costs to the purchaser.

(2) The purchaser is obliged to give us advance notice of any return deliveries. If the purchaser violates this obligation, he shall be liable for any damage resulting therefrom. We reserve the right to return unannounced return deliveries unprocessed and unfree, or even refuse acceptance of such deliveries. The return must be announced in writing or in text form in accordance with § 126b BGB (in particular by fax or e-mail) and confirmed in writing by DOYMA - unregistered goods will either be returned to the sender (freight collect) or charged with an expense allowance of 25 euros (in addition to the following return costs).

 

(1) We shall not be liable for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, or if we have assumed a guarantee for the fulfilment of this obligation or for the success which did not occur due to the breach of duty. This also applies to corresponding actions of our subsidiaries and vicarious agents.

(2) This exclusion of liability shall not apply if the damage consists of injury to life, limb or health or if claims arising from the Product Liability Act or claims arising from data protection regulations (in particular the EU Basic Data Protection Regulation, the Federal Data Protection Act) are affected.

(3) We have established a business liability and product liability insurance. Insofar as this occurs, the exclusion of liability in accordance with section 1 of this paragraph does not apply with the provison that the claim for damages is not limited to a maximum total of EUR 1,500,000 in each individual case.

(4) Any claims for damages on the part of the purchaser arising from a grossly negligent breach of duty or from a grossly negligent act on our part shall be limited to the damage foreseeable for us.

(5) The Sections 1 to 4 of this paragraph shall apply mutatis mutandis to offences committed by our employees and vicarious agents

 

(1) If the purchaser is a merchant, our place of business shall be the place of jurisdiction. However, we shall also be entitled to sue the purchaser at his residential or business domicile court.

(2) In the case of cross-border deliveries, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Oyten, Federal Republic of Germany, insofar as the purchaser is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch). However, we are also entitled to sue the purchaser at any other court which is competent under the European Jurisdiction and Enforcement Regulation (EuGVVO), or under other legal provisions and international conventions.

(3) If the purchaser is a consumer, the statutory place of jurisdiction shall apply. However, the court at our place of business shall also have additional jurisdiction if the consumer has an unclear place of residence, or has moved abroad after the conclusion of the contract.

(4) Unless otherwise specified in the order confirmation, our place of business is the place of performance.

(5) For all legal relationships between us and the purchaser under this contract, only the law governing the legal relationships of domestic parties at our registered office (German law) shall apply, with an exclusion of any foreign law. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. (6) Please note our privacy policy, which we have provided for you on our website https://doyma.de/en/privacy-policy/ under "Privacy Policy".

 

 

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