Hint: This English version of Dohle general terms and conditions is meant as a translation help of the terms and conditions in German language. Only the German version is legally binding.
The offers submitted by us are always free and non-committal, unless the contrary has been expressly
agreed or assured. For deliveries ex stock we must reserve intermediate sales.
The documents pertaining to the offer such as illustrations, drawings, weights and measurements are only approximate, unless they are expressly stated as binding. We reserve the right to property right and copyright in cost estimates, drawings and other documents. They may not be made accessible to third parties without our prior consent.
II. Scope of delivery / weights and dimensions
The seller's written order confirmation shall be decisive for the scope of the delivery. Subsidiary agreements and changes require the written confirmation of the seller. Dimensions and weights in our offers, order confirmations and delivery documents are made to our best knowledge and they are, however, only average figures.
III. Price and payment
1. Prices are in Euro plus value added tax in the actual legitimate height. The prices are valid in the absence of a special agreement ex works including loading in the factory, but excluding packaging.
2. Notwithstanding any special agreement, the payment shall be made to the seller without any deduction. In case of open payments, the seller reserves himself to charge normal banking interest in case of late payment.
3. Retention of payments or set-off due to seller-contested counterclaims by the buyer is not statutory.
4. In the event of withdrawal from the contract, we shall be entitled to invoice the expenses and costs incurred by us or our subcontractors as well as the corresponding loss of profit.
IV. Delivery time
1. The delivery period starts with the sending of the order confirmation, but not before the provision of documents, approvals and releases, which are to be procured by the buyer, as well as the receipt of the agreed advance payment.
2. The delivery period shall be deemed to have been fulfilled if the delivery item has left the factory or the readiness to dispatch has been informed.
3. The delivery period shall be extended adequately in the case of measures in the context of industrial disputes, in particular strikes and lockouts, and in the event of unforeseen obstacles which are outside the Seller's will, if such obstacles have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The aforesaid circumstances shall not be attributable to the seller even if they arise during an already existing delay of delivery. In important cases, the beginning and ending of such obstacles will be communicated to the Buyer as soon as possible by the Seller.
4. The buyer is not entitled to withdraw from the contract or to claim damages or to arrange a covering purchase due to any delay.
5. If the dispatch is delayed at the request of the buyer, the costs incurred by the storage (starting one month after the readiness to dispatch) shall be at least ½ % of the invoice amount for each month. The seller is, however, entitled to dispose of the object of delivery in another way after the setting and unsuccessful course of an appropriate period and to supply the buyer with an appropriately extended deadline.
6. Compliance of the delivery period requires the fulfilment of the contractual obligations of the Buyer.
V. Transfer of risk and acceptance
1. The risk shall pass to the buyer at the latest upon dispatch of the parts of the delivery, even if partial deliveries are made or the seller still has other services like shipping costs or delivery and installation. At the request of the buyer, the seller can take out an insurance regarding theft, breakage, transport, fire, water damage and other insurable risks at the buyer’s expense.
2. If shipment is delayed due to circumstances for which the buyer is responsible, the risk is switched to the buyer starting from the date of cargo readiness. However, the seller is obliged at the request and expense of the buyer to arrange the insurances which the buyer requires.
3. Delivered items, even if they show insignificant defects, are to be accepted by the Buyer without prejudice to the rights from Section VII.
4. Partial Shipments are permitted.
VI. Retention of title
1. The seller reserves the title to the delivery item until receipt of all payments from the delivery contract.
2. The seller is entitled to insure the delivery item against theft, breakage, fire, water and other damages at the expense of the buyer, unless the buyer himself has arranged the insurance and provided proof of it.
3. The buyer shall neither pledge nor surrender the delivered goods as security on a debt. The buyer shall inform the seller immediately in case of seizure, confiscation or other disposals by third parties.
4. In the event of a breach of contract by the buyer, in particular in the case of a delay in payment, the seller is entitled to take back the goods after a reminder and the buyer is obliged to surrender the goods. The assertion of the retention of title as well as the seizure of the delivery item by the seller shall not be deemed to be a withdrawal from the contract unless the pay-off law applies.
VII. Liability for defects of the delivery
In the event of defects in the delivery, including the absence of explicitly stated characteristics, the Seller shall be liable, without prejudice to further claims, without prejudice to Section VIII, 3, as follows:
1. All those parts, which have deteriorated within 12 months (in the case of multi-shift operation within 6 months) since commissioning due to a circumstance prior to transfer of risk and which have turned out as unusable or in their usefulness not insignificantly impaired (in particular due to faulty design, defective building materials or bad execution) must be repaired or delivered again free of charge at the discretion of the seller. The seller must immediately notify the seller in writing of any such defects. The delivery item shall be returned to the seller in order to remedy the defects, the transport costs shall be borne by the buyer. Replaced parts become the property of the Seller.
2. There is no warranty for damages resulting from the following reasons: unsuitable or improper use, faulty assembly or commissioning or damage caused by the buyer or third parties, natural wear and tear, faulty or negligent handling, unsuitable equipment, exchange materials , inadequate construction work, unsuitable foundation, chemical, electrochemical or electrical influences, unless they are attributable to the seller's fault. Wearing parts include in particular but not exclusively, needles, knives, counterknives, loopers, belt drives and grinding devices. The buyer bears the burden of proof for a fault on the part of the seller.
3. In order to carry out all repairs and substitute deliveries which appear necessary to the seller’s discretion, the seller shall, after agreement with the buyer, have the necessary time and opportunity; otherwise the seller shall be released from liability for defects.
4. The seller does not accept any costs incurred by repairs of others, whether the complaint is justified or not. In this case, the warranty expires.
5. The sewing machines are adjusted according to the state of art to the quality of the goods according to the seller's knowledge. Before delivery of the machines, the buyer shall send a sufficient quantity of original goods and yarn to the seller in order to check the setting. No explicit assurance of suitability for a particular purpose or for a particular product quality can be derived from this. In the case of special constructions, the seller may demand inspection at the factory; otherwise the seller is relieved from liability for defects.
6. Furthermore claims of the buyer, in particular a claim of compensation for damages, which did not occur on the delivery item itself as well as production stop and missed profit are excluded unless in case of proven gross negligence and intention on our side.
7. Within the scope of its obligation to reduce the liability, the buyer is obliged to carry out a goods receipt inspection pursuant to §377 HGB. If the buyer fails to make such an examination and damage is caused by obvious defects, the seller is not entitled to any compensation.
VIII. Right of the Buyer to rescind
1. The buyer can withdraw from the contract if the entire performance before the transfer of risk becomes definitively impossible for the seller. This shall also apply in the event of the seller's inability.
2. In case the impossibility occurs during the default of acceptance or by fault of the buyer, the buyer remains obliged to the counter-performance.
3. The buyer shall also have a right of withdrawal if the seller has received an appropriate, additional period for the repair or replacement delivery with regard to a defect which is to be represented by him in the sense of the delivery conditions and this period has passed by the sellers own fault.
4. All other further claims of the buyer, in particular for cancellation of the contract, termination or reduction as well as for replacement of damages of any kind, are excluded. This is also including damages which are not caused at the delivery item itself.
The place of fulfillment for delivery and payment shall be deemed to be our works and exclusively the Aachen court of jurisdiction. The seller is also entitled to sue at the buyer's head office.
X. General information
1. The buyer shall bear the cost of commissioning the delivery item in case commissioning shall be done by the seller.
2. The seller does not accept the purchase conditions of the Buyer and they are not binding on the seller, unless they have been accepted by us in written.
3. With the appearance of these General Terms and Conditions (as of September 2018), all previous terms and conditions are no longer valid.
4. We only conclude orders based on our General Terms and conditions, even in case we do not mention it expressly in future in case of constant business connection.
Only the law of the Federal Republic of Germany applies to the contractual relationship between the parties.
General Terms and Conditions as of September 2018.