General Terms and Conditions (GTCs)
§1 Validity of the terms and conditions
(1) DVC’s deliveries, services and offers shall be based exclusively on these Terms and Conditions. These shall therefore also apply to all future terms and conditions, even if they are not expressly agreed again. These provisions shall be deemed to have been accepted at the latest upon acceptance of the goods or services. Counter-confirmations by the buyer with reference to his terms and conditions of business or purchase are hereby rejected.
(2) Deviations from these terms and conditions shall only be effective if confirmed in writing by DVC.
§2 Offer and conclusion of contract
(1) DVC’s offers shall be subject to change and non-binding. Supplements, amendments or subsidiary agreements shall require the written confirmation of DVC in order to be legally effective.
(2) Conclusions and other agreements – in particular insofar as they deviate from our terms and conditions – shall only become binding for us upon our written confirmation. The same shall also apply to subsequent amendments. This shall also apply to orders brokered by our representatives.
§3 Prices, terms of payment
(1) The prices are net prices and are subject to VAT at the statutory rate, unless otherwise agreed, ex works, plus packaging, environmental flat rate, cash on delivery if applicable, transport, tolls, freight insurance. The prices are valid for four months from the conclusion of the contract. If longer delivery periods are agreed, the seller’s prices valid on the day of delivery shall be charged. Discounts shall only be granted if the Buyer is not in arrears with the payment of earlier deliveries. Repair and rental invoices are due immediately without deduction of discounts.
(2) Prices quoted in price lists or catalogues are subject to price changes that do not have to be announced in advance.
(3) Unless otherwise stated, DVC shall be bound by the prices contained in its offers for 30 days from their date.
(4) The prices stated in DVC’s order confirmation plus the value added tax applicable at the time of performance shall be decisive. Additional deliveries and services shall be invoiced separately.
(5) Unless otherwise agreed, prices are ex warehouse Rödermark. At the request of the Buyer, the goods shall be shipped. Costs for transport and transport insurance shall be borne by the Buyer.
(6) Only the value of the goods excluding freight is eligible for discount. Services are not discountable.
(7) Settlement of invoices by cheque or bill of exchange shall be made on account of payment and shall require the consent of DVC. Discount, bill charges and costs shall be borne by the Buyer.
(8) If the Buyer is in default of payment, DVC shall be entitled to charge interest on arrears at 5% pa. above the discount rate of the Deutsche Bundesbank
(9) Invoices from DVC shall be deemed to have been recognised if no objection is raised in writing within 14 days of the invoice date.
(10) The right to offset against counterclaims and any right of retention on the part of the customer shall be excluded, with the exception of offsetting against legally established counterclaims or counterclaims recognised by DVC.
(11) Unless otherwise agreed, payment shall be made either in cash or by bank transfer after receipt of the invoice without deduction. Cheques shall only be accepted on account of payment. We are not obliged to accept bills of exchange; their acceptance is on account of payment and subject to the usual reservation. Discount charges and all other charges shall be borne by the customer. All payments shall be credited first to costs, then to interest and then to the oldest outstanding claim of the customer, regardless of other dispositions of the customer. In the event of late payment, we are entitled, subject to the assertion of further rights, to charge interest on arrears at a rate of 5% above the respective base rate of the European Central Bank. If the customer defaults on a payment from a transaction and/or if we become aware of circumstances which indicate a reduction in the customer’s creditworthiness, we shall be entitled to declare the claims from all transactions due immediately.
The delivered goods shall remain the property of the Seller until the end of the business relationship – including all ancillary claims (in the case of payment by cheque or bill of exchange until the cheque or bill of exchange is cashed). The buyer is not authorised to pledge the goods subject to retention of title to third parties or to assign them as security. He is obliged to inform the seller immediately of any seizure of the goods by third parties and to provide him with all documents to protect his property rights. The costs of intervention shall be borne by the buyer.
The Buyer is obliged to insure the goods subject to retention of title against fire, water, theft and other risks and to present the insurance policy on request. He hereby assigns his claims against the insurer for compensation to the seller.
§4 Shipping
(1) The Buyer shall choose the mode of dispatch. If this is not expressly determined by the Buyer, DVC shall make the selection at its own discretion. All shipments, including any returns, shall be made at the expense and risk of the Buyer.
§5 Provision of items
(1) If DVC is provided with equipment or other goods by the customer for the purpose of processing, repair, conversion, customisation or for other purposes, DVC shall not be liable for the whereabouts of the items. The customer shall be free to insure the goods to an appropriate extent.
§6 Delivery and performance time
(1) Delivery dates stated in DVC’s order confirmation shall not be binding.
(2) DVC shall not be responsible for delays in delivery and performance due to force majeure and due to events which make deliveries significantly more difficult or impossible for DVC – including subsequently occurring difficulties in procuring materials, operational disruptions, strikes, lockouts, staff shortages, lack of means of transport, official directives, etc., even if they occur at DVC’s suppliers or their subcontractors – even in the case of bindingly agreed deadlines and dates. They shall entitle DVC to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part on account of the part of the contract still to be fulfilled.
(3) If dispatch or acceptance of the delivery item is delayed for reasons for which the customer is responsible, the costs incurred as a result of the delay shall be charged to the customer.
(4) If DVC is in default due to non-compliance with binding agreed deadlines and dates, the Buyer shall not be entitled to claim damages unless the delay is due to gross negligence or intent on the part of DVC, its legal representatives or its vicarious agents.
(5) DVC shall be entitled to make partial deliveries and render partial services at any time.
§7 Transfer of risk, transport insurance
(1) The risk shall pass to the Buyer as soon as the goods have been handed over to the person carrying out the transport or have left DVC’s warehouse for the purpose of despatch. If dispatch becomes impossible through no fault of DVC, the risk shall pass to the Buyer upon notification of readiness for dispatch.
(2) DVC shall take out transport insurance before dispatching the goods. The Buyer shall immediately inspect the delivery for transport damage and shall immediately notify the transport company and the Seller in writing of any damage by preparing a damage report (ADSp 2017). In the event of damage, DVC shall handle the claim with the transport insurance company.
§8 Retention of title
(1) The goods shall remain the property of DVC (goods subject to retention of title) until all claims have been fulfilled.
(2) The purchaser is authorised to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The Buyer hereby assigns to DVC in full by way of security any claims arising from the resale or any other legal grounds (insurance, unauthorised action) in respect of the goods subject to retention of title (including all current account balance claims).
(3) In the event of access by third parties to the goods subject to retention of title, the Buyer shall draw attention to DVC’s ownership and notify DVC immediately. Costs and damages shall be borne by the Buyer.
(4) The right to resell, use or install the goods subject to retention of title shall lapse in the event of suspension of payment, application for or opening of bankruptcy proceedings, judicial or extrajudicial composition proceedings.
(5) The Buyer shall be obliged to insure the goods against the risk of fire and theft and to provide DVC with evidence of the conclusion of the insurance policy upon request. All claims against the insurer under this contract in respect of the goods subject to retention of title shall be deemed to have been assigned to DVC.
§9 Warranty
(1) DVC warrants that the products are free from manufacturing and material defects. The warranty period shall be twelve months. The warranty period shall commence on the date of delivery. If DVC’s operating or maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used which do not comply with the original specifications, any warranty shall be void.
(2) The Buyer must notify DVC of defects in writing without delay, but at the latest within one week of receipt of the delivery item. Defects that cannot be discovered within this period even after careful inspection must be reported to the seller in writing immediately after discovery (for transport damage see § 7 GTCs).
(3) In the event of a notice of defect by the Buyer, the latter shall send the defective part or device to DVC for rectification of the defect (repair). If the defect is rectified by the Buyer himself without returning the goods to DVC, the warranty claim shall be limited to the replacement of the defective parts. If the Buyer requests that warranty work be carried out at a location specified by him, DVC may comply with this request, whereby parts covered by the warranty shall not be invoiced, while working time and travelling expenses shall be paid at DVC’s standard rates.
(4) If the rectification of defects fails after a reasonable period of time, the buyer may, at his discretion, demand a reduction of the remuneration or cancellation of the contract.
(5) Further compensation for damages is excluded in any case.
§10 Subcontractors
(1) If DVC commissions a subcontractor, all internal business information must be treated confidentially. Collateral agreements between the customer and the subcontractor shall not be permitted.
§11 General limitation of liability
(1) Claims for damages by the buyer arising from positive breach of contract, culpa in contrahendo and unauthorised action shall be excluded unless they are based on intent or gross negligence on the part of DVC, a legal representative or vicarious agent.
§12 Applicable law, place of jurisdiction, partial invalidity
(1) These Terms and Conditions and the entire legal relationship between DVC and the Buyer shall be governed by the laws of the Federal Republic of Germany.
(2) To the extent permitted by law, 63225 Langen/Hessen shall be the exclusive place of jurisdiction for all disputes arising directly from the contractual relationship.
(3) Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by such effective provisions that largely achieve the intended economic purpose.
§13 Data protection (GDPR)
(1)Personal data of the buyer is collected and processed in accordance with Art. 6 GDPR if the buyer provides it to us when ordering for the execution of a contract. The personal data of the buyer provided by the buyer will be stored and processed by us for contract processing, in particular passed on to the transport company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. We pass on the payment data to the commissioned credit institution within the scope of payment processing, insofar as this is necessary for payment processing.
(2) In accordance with Art. 15 GDPR, you have the right to request comprehensive information on the stored personal data at any time.
(3) Correction, deletion and blocking of individual personal data is possible at any time in accordance with Art. 17 GDPR and can be done by sending us a postal message, e-mail or fax. After complete processing of the contract or deletion of the customer account, the buyer’s data will be blocked with regard to tax and commercial retention periods and deleted after expiry of these periods, unless the buyer has expressly consented to further use of their data or a legally permitted further use of data has been reserved by us.
Status: 1 January 2023
