General Terms and Conditions
1. General Information
DÜNA® does only execute orders in accordance with the following conditions which are also valid for future general terms. Contrary trading conditions are objected to.
2. Contract Closing and Content
2.1 Oral consultations become valid only after DÜNA®’s written confirmation, oral orders become binding with delivery, offers made by DÜNA® remain non-binding.
2.2 Images, drawings, measurement and weight indications with regard to the delivery item are non-binding unless otherwise stated.
2.3 DÜNA® may execute constructive changes provided that the aptitude for the usual or contractual purpose is not impaired. Deviations of 10% due to production and packaging are hereby permitted.
3. Pricing and Payments
3.1 The prices specified are denominated in Euro excluding value added tax and the costs for packaging, insurance, freight, shipping and set-up. Samples can be delivered against separate billing.
3.2 Should prices that are to be paid by DÜNA® to one of its pre-suppliers’ increase after the placing of the order, DÜNA® has the right to pass on these increases to the customer. The same applies if other increases in cost incur insofar as they affect the cost price of DÜNA® by more than 5%.
3.3 Invoices are to be paid within 30 days’ net or within 14 days granting a cash discount of 2%..
3.4 DÜNA® reserves the right to ship goods either by cash on delivery or payment in advance.
3.5 In case of several liabilities, the redemption terms specified in §§ 366 Abs. 2 and § 367 Abs. 1 BGB come into effect. When the contract is concluded, DÜNA® might determine different redemption terms.
3.6 In the event of a default, DÜNA® charges interests based on the rates demanded by commercial banks for open overdraft credits, sales taxes extra. If the creditworthiness of the customer is questionable for this or other reasons, DÜNA® has the right to terminate the residual debt early.
3.7 On return/replacement of goods, DÜNA® charges a processing fee of 20%. The delivery of the goods takes place free domicile back to DÜNA®.
4.1 The dispatch takes place at the danger and cost of the customer.
4.2 Does the calculated value of goods exceed 550.00 Euro; the dispatch is free of charge within Germany.
4.3.1 The minimum calculated value of goods amounts to 50.00 Euro. For deliveries below 50.00 Euro, a handling fee of 15 Euro is charged.
4.3.2 Express deliveries are executed freight unpaid. Moreover, the handling fee described in 4.2.1 comes into effect.
4.4 If desired, DÜNA® arranges a transport insurance at the expense of the customer.
5. Delivery Period and Time of Performance
5.1 Delivery periods are classified as roughly agreed. They begin with the despatch of the orders’ confirmation.
5.2 Delays due to occurrences DÜNA® is not liable for and that severely complicate the performance or even make it temporarily impossible, DÜNA® is entitled to an appropriate extension of the delivery period. In addition, DÜNA® reserves the right to partly or completely withdraw from the contract.
5.3 DÜNA® is entitled to split deliveries and performances.
6. Retention of Title
6.1 All products delivered by us remain our property up to the complete redemption of current accounts even after selling them to third parties. The resale of the goods under retention of title is agreed to within a lawful business transaction. The claims created by resale are considered assigned to us
6.2 In case of settlement or bankruptcy proceedings, the customer is obliged to mark the products as our property prior to the initiation of these proceedings. As long as a retention of title exists, we are at any time entitled to request information on whether the goods delivered under retention of title are still in his possession and where to find them. Additionally, we reserve the right to inspect these products onsite and to reclaim them.
6.3 The customer carries the risk for the goods delivered by DÜNA®; he is obliged to keep them safe and under sufficient safeguard against losses (robbery, fire, etc.). In case of a loss, the customer assigns to us the demand against the security company, namely a top-flight instalment amounting to the purchase price of the goods delivered under the title of extension. This also applies when the insurance does not cover the total damage so that we have to rely on a proportionate compensation.
6.4 Should the delivered goods be merged with another item so that they become a significant part of it, the customer transfers the co-ownership of this item that he will than take into safekeeping for DÜNA®. Should the delivered item be bound to a property, we can request that the customer has the duty to guarantee an appropriate security for our present and future claims of our business relationship. The customer is furthermore obliged to inform us of unauthorised access by a third party, in particular seizures et al.
6.5 The seizure or security transfer of our goods is excluded. The claim of our customer deriving from the transfer will at this point assigned to us with all ancillary rights independent of the fact whether the reserved goods are delivered without respectively after the processing or if they are delivered single or in connection with other goods. In the last-mentioned cases, the claim must be assigned to us to the amount of the share value of our products. In the event of a resale, the customer of DÜNA® is obliged to indicate both name and address of his/her business partner. Claims emerging from a bill of exchange used in lieu of payment or on account of payment have already been assigned to us. The transfer of the bill of exchange is replaced by its safekeeping by the customer. Transferred claims serve as security of all our present and future claims.
7.1 The customer needs to check the goods for completeness and correctness directly after their reception to immediately notify obvious notifications of defect to DÜNA® in writing.
7.2 Warranty claims shall be excluded in case of
- Unsuitable/improper use, assembly, commissioning or treatment
- Appliance of inappropriate operating materials
- chemical, electro-chemical or electric influences for which DÜNA® has no responsibility
- Changes or maintenance work that is performed in an improper way and/or without prior consultation with DÜNA®
- False allegations and documents from the customer
- Natural wear
7.3 In warranty cases, the claims of the customer are limited to either replacement or repair. These claims only exist if the customer fulfilled his payment obligations to an appropriate extent. The shipment costs are carried by the customer.
7.4 Should the repair or replacement fail within an appropriate period the customer may either demand the reduction of the purchase price or withdraw from the contract.
7.5 In case of deficient third-party products, DÜNA® assigns its warranty claims against the pre-supplier to the customer. In line with the clauses 7.3 and 7.4, DÜNA® can be made liable only after the customer asserted his ceded claims against the pre-supplier.
7.5 Any claims for damages are excluded insofar as DÜNA® has not caused it wilfully or by gross negligence. In other cases of non-modifiable claims for damages in particular the lack of warranted qualities, the liability is limited to the foreseeable direct damage and tenfold the purchase price.
8. Information and Advice
For false information and advice concerning the application of its products, DÜNA® is only liable if a run-up fee has been agreed upon and any deriving damage for the customer has been brought about by gross negligence.
9. Final Provisions
9.1 The customer may only clear payment claims made by DÜNA® with undisputed or finally determined counterclaims or to base him on the right of retention.
9.2 Place of fulfilment and place of jurisdiction is Ansberg/Sauerland.
9.3 German law shall apply. The EKG does not find application.
9.4 Should a clause of this contract be ineffective or become ineffective in future, the effectiveness of all other legal regulations remain untouched. The ineffective regulation is to be replaced by an effective one so that the commercial purposes are largely attained.