General terms and conditions of
DUDEK manufacturing systems
Owner Uwe Bidlingmaier
1. Validity of the general terms and conditions
The deliveries, services and offers from DUDEK Manufacturing Systems are made, as far as legally permissible, exclusively on the basis of these General Terms and Conditions, which become part of the contract with the acceptance by the customer. These therefore also apply to all future business relationships, even if they are not expressly agreed again.
These terms and conditions are deemed to have been accepted at the latest when the goods or services are accepted.
General terms and conditions of the buyer, in particular purchasing conditions, are hereby rejected, d. H. they are not recognized even if DUDEK manufacturing systems does not expressly contradict them again after receipt by DUDEK manufacturing systems.
Commitments, subsidiary agreements as well as changes and additions to the general terms and conditions must be made in writing. This also applies to changes to the written form requirement.
2. Offer and conclusion of contract
All offers on the Internet, in print media or by written or electronic transmission (e.g. e-mail) are always subject to change and non-binding and represent a non-binding invitation for the customer and us to order goods from us. Technical data, descriptions, dimensions, drawings and images etc. contained in product information are non-binding.
A contract is only concluded when DUDEK Manufacturing Systems confirms an order from the customer in writing / by telex. A contract is concluded at the latest when the customer accepts the delivery. In the case of immediate delivery, the written confirmation can also be replaced by an invoice – § 312e Paragraph 1 Number 3 BGB does not apply. Offers, price lists, brochures, manuals, an electronically generated confirmation of receipt, etc. do not count as a written order confirmation.
Improvements or equivalent changes to the service based on product developments by the respective manufacturer are permissible, provided they are reasonable for the customer, taking his interests into account.
In any case, when we advertise our products on the Internet or in print media, we expressly point out that our offers are non-binding and are subject to delivery by ourselves. Telephone information from our employees expressly does not represent any quality or durability guarantees.
3. Right of withdrawal
This right of withdrawal applies exclusively to consumers within the meaning of Section 13 BGB, i.e. for natural persons who conclude a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
You can revoke your contract declaration within two weeks without giving reasons in writing (e.g. letter, fax, email) or by returning the item. The period begins with receipt of this instruction at the earliest. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation is to be sent to:
DUDEK manufacturing systems
Owner Uwe Bidlingmaier
Consequences of the withdrawal:
In the case of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received, or only return it incompletely or only in a deteriorated condition, you may have to compensate us for the value if you have expressly requested delivery before the withdrawal period has expired. No compensation is to be paid for the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible for you in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the item like an owner and by refraining from anything that may impair its value. If the packaging is damaged or the goods have been put into operation, an obligation to pay compensation can usually be assumed, since the goods can only be resold as used.
Dispatchable goods are returned at our expense and risk.
You must fulfill obligations to reimburse payments within 30 days of sending your declaration of cancellation.
Please ensure that the goods intended for return delivery are returned in their entirety (including all accessories, manuals, instructions for use, etc. and, if possible, in the original packaging), including suitable outer packaging, but in any case in suitable transport packaging.
A refusal of acceptance does not constitute a revocation within the meaning of the legal regulations.
All prices in the offers made by us are final prices in EUR and include the statutory value added tax in the currently applicable amount and are exclusive of packaging, transport (shipping) from Geislingen or direct shipping from the German border and, if applicable, transport / freight insurance. The additional costs and the statutory value-added tax are shown separately on the invoice.
Transport insurance will only be taken out at the express, written request of the customer and charged separately.
Any other additional deliveries and / or services will be agreed and charged separately.
Shipping in advance or cash on delivery is expressly reserved for all deliveries.
Any price changes made by the respective manufacturer or sub-supplier during the term of the contract entitle DUDEK manufacturing systems to a corresponding price adjustment, provided that a price increase is not unreasonable. DUDEK production systems is entitled to demand payment upon delivery / service.
5. Delivery and delivery times
Dates and delivery times are non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by DUDEK production systems is subject to correct and timely delivery to DUDEK production systems by sub-suppliers and manufacturers.
Delivery and service delays due to force majeure and due to other unforeseeable events that make delivery significantly more difficult for DUDEK production systems or make it impossible and are not the responsibility of DUDEK production systems (this includes in particular war, war-like events, official orders, non-issuance of orders -, import or transit permits, national measures to restrict trade, strikes, lockouts and other operational disruptions of any kind, traffic disruptions, regardless of whether these events occur at DUDEK manufacturing systems, their upstream suppliers or sub-suppliers), entitle DUDEK manufacturing systems to deliver or perform to postpone the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part – if not yet fulfilled.
The delivery period is also extended by the period in which the buyer himself is in default with the fulfillment of his contractual obligations.
If the hindrance lasts longer than 3 months, the buyer is entitled, after setting a reasonable grace period (at least 14 days), to withdraw from the contract in whole or in part – if not fulfilled. If the delivery time is extended in application of Section 2 or if DUDEK Manufacturing Systems is released from its obligation, the buyer cannot derive any claims for damages from this. DUDEK Manufacturing Systems can only refer to the aforementioned circumstances if the buyer has been informed immediately.
DUDEK production systems is entitled to partial deliveries and partial services. In the case of delivery contracts, each partial delivery and partial service is considered an independent service.
6. Examination and transfer of risk
Immediately upon receipt, the customer must check the goods for completeness, compliance with the delivery documents and any obvious defects. The complaint should be made to DUDEK Manufacturing Systems within 7 working days, but in justified cases at the latest within 2 months of receipt of the goods by the customer. Otherwise, the goods are deemed to have been properly and completely delivered, unless the issue is a defect that was not recognizable during the inspection.
The risk of damage to or loss of the contractual product is transferred to the customer as soon as the goods have been handed over to the customer by the contracted transport company. If the delivered goods show recognizable damage or shortages, the customer should note this in writing on the receipt of the transport company upon delivery. The note should clearly identify the damage or the shortfall (notification of damage in accordance with Section 438 of the German Commercial Code).
In the case of shipments to DUDEK production systems, the sender bears the full risk, in particular the transport risk, until the goods arrive at DUDEK production systems, as well as the entire transport costs.
7. Terms of payment, offsetting
Depending on the agreement, invoices are payable in cash, bank transfer, cash in advance, cash on delivery, or in the case of self-collection immediately and without deduction, unless otherwise agreed. Invoicing takes place with delivery.
If the customer exceeds the granted payment deadlines, interest of 8% p.p. will be charged from the due date, without further warning. a. owed on the purchase price above the current base rate of the European Central Bank. The right to claim further damage remains unaffected.
DUDEK Manufacturing Systems is entitled, in spite of the customer’s provisions to the contrary, to initially offset payments against his older debts. If costs and interest have already arisen due to delay, DUDEK Manufacturing Systems is entitled to offset the payment first against the costs, then against the interest and finally against the main services.
The customer can only offset against undisputed or legally established claims.
The customer can only exercise a right of retention for counterclaims that are based on the same contractual relationship. In the case of ongoing business relationships, each individual order applies as a separate contractual relationship.
If the terms of payment are deviated from without justification, DUDEK Manufacturing Systems can at any time optionally request delivery step by step against cash payment, prepayment or security. All outstanding claims, including those for which payment in installments has been agreed, are due for immediate payment.
The payment condition granted applies to the credit limit issued by DUDEK Manufacturing Systems for each individual order. If the order exceeds this credit limit, DUDEK Manufacturing Systems reserves the right to request the remaining order value as advance payment.
In the event of a subsequent change in creditworthiness, DUDEK Manufacturing Systems is entitled to demand cash payment step by step against delivery, prepayment or a security deposit and to withdraw from the contract in the event of non-performance. A cashless payment is only deemed to have been made when the amount due has been credited to the DUDEK Manufacturing Systems bank account. The same applies to the cashing of checks.
If the customer does not meet his payment obligations, suspends his payments or a bank does not cash a check, DUDEK Manufacturing Systems is entitled to withdraw from the contract immediately without prior notice. In these cases, all claims by DUDEK Manufacturing Systems against the customer are due immediately in one amount. The same applies if DUDEK Manufacturing Systems becomes aware of other verifiable circumstances that call the customer’s creditworthiness into question. If DUDEK Manufacturing Systems continues to adhere to the contract, it is entitled to demand advance payment, a bank guarantee or security.
9. Test and demonstration items
Items delivered for test and demonstration purposes remain the property of DUDEK Manufacturing Systems. The customer is obliged to ensure proper storage and may only use the items beyond the test and demonstration purpose on the basis of a separate agreement with DUDEK Manufacturing Systems.
The regular warranty period for consumers is 24 months for all products we deliver (Section 438 (1) (3) BGB).
In business dealings with traders, the warranty is limited to one year and DUDEK Manufacturing Systems is entitled to either repair the product or replace it free of charge.
If a defect only becomes apparent later than 6 months after delivery, the buyer must provide evidence that the item was defective when the risk passed (§ 476 BGB). Otherwise, DUDEK Manufacturing Systems is free to provide evidence that the item did not show any material defects at the time of delivery.
The warranty does not extend to natural wear and tear, improper handling or use or further use of damaged goods.
The warranty expires if the customer makes his own repairs, repair attempts or changes to the products.
If operating or maintenance recommendations from DUDEK Manufacturing Systems or the manufacturer are not followed, changes are made to the goods, parts are replaced or consumables are used that do not correspond to the original specifications, the guarantee is excluded.
The warranty includes repairs or replacement deliveries at the buyer’s option. DUDEK Manufacturing Systems can refuse the type of repair chosen by the buyer if it is only possible at disproportionate costs. In this case, the customer’s claim is limited to the other type of supplementary performance, unless this is also only possible at disproportionately high costs. In this case or if the subsequent improvement has finally failed, the customer can choose to either request a reduction in the purchase price (reduction) or to withdraw from the contract.
If DUDEK Manufacturing Systems has delivered a defect-free item for the purpose of supplementary performance or if the customer has withdrawn from the contract, the customer must return the defective item and pay compensation for the use made. To determine the value of use, the proportional linear depreciation is used as a basis in comparison between the actual period of use and the expected total period of use.
The customer can only make quality demands on the ordered goods to the extent that they can be reasonably or commercially available for goods in the price range of the ordered goods.
The customer is obliged to send the defective device with complete accessories, combined if possible with a precise description of the error, specification of the model and serial number and a copy of the delivery note with which the goods were packed, to DUDEK production systems in the original packaging. If it turns out that there is no warranty case, the customer has to bear the costs of the return.
If the customer requests a more detailed technical check after the – free – optical check, he contributes a flat rate of 40.00 euros to the effort involved. The amount will be reimbursed if it turns out that there is a warranty claim.
In the case of merchants, the duty to inspect and notify a person of § 377 ff HGB applies. The presumption of § 476 BGB does not apply to obvious errors.
In the case of recourse by the customer according to §§ 478 ff BGB, the liability of DUDEK production systems is limited to the assignment of its own claims against the sub-supplier.
11. Disclaimer of Liability
Claims for damages with the exception of liability for damage resulting from injury to life, limb or health as well as the violation of essential contractual rights and obligations (so-called cardinal obligations) are excluded insofar as they are not based on intent or gross negligence on the part of DUDEK manufacturing systems or their salespeople or employees are based.
The liability according to the product liability law remains unaffected.
12. Copyrights, export
If software is part of the scope of delivery, it is left to the buyer for one-time use only, i. H. he is not allowed to copy or allow others to use them. Multiple usage rights require a special written agreement.
If the customer exports software or hardware to other countries, he undertakes to comply with supranational or national export laws, in particular export restrictions of the country of the respective copyright holder (software or hardware manufacturer), e.g. in crisis regions, to be clarified and adhered to. The customer releases DUDEK production systems from any liability insofar as this is legally permissible.
13. EC import sales tax and international customs and tax regulations
(for customers based outside the Federal Republic of Germany)
If the customer is based outside the Federal Republic of Germany, he is obliged to comply with the regulations on import sales tax of the European Union. He must inform us of his sales tax identification number and, if necessary, its change, without being asked. Upon request, he is obliged to provide information about his status as an entrepreneur, the use and transport of the delivered goods and with regard to statutory statistical reporting obligations.
If the customer is based outside the Federal Republic of Germany, he is also obliged to comply with all other statutory customs and tax regulations applicable to him in his country or those with international validity.
The liability of DUDEK Manufacturing Systems for the breach of such obligations by the customer or for inadequate or omitted information on import sales tax is excluded, as far as legally permissible, unless DUDEK Manufacturing Systems was guilty of intent or gross negligence.
Insofar as expenses, costs or other damage arise from the breach of these obligations by the customer, the customer is obliged to reimburse DUDEK manufacturing systems.
14. Data protection and data storage, confidentiality
DUDEK Manufacturing Systems is entitled to process the data received about the buyer with regard to business relationships or in connection with them, regardless of whether they come from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act. Customer data is stored in accordance with legal regulations.
The customer has the right to free information, correction, blocking and deletion of his stored data at any time. For this purpose, the customer can send a letter, fax or email to the address given in Section 3 of these General Terms and Conditions.
The buyer is obliged to keep all information that becomes accessible to him in connection with the deliveries by DUDEK production systems and which, due to other circumstances, are clearly identifiable as business or trade secrets of DUDEK production systems and confidential, for an unlimited period of time and – if this is not the case is necessary to achieve the purpose of the contract – neither to record nor to pass on to third parties or to exploit in any way.
15. Place of performance, applicable law and place of jurisdiction
Place of performance and jurisdiction are, as far as legally permissible, exclusively Berlin. This applies in particular to full merchants within the meaning of the HGB, legal entities under public law or special funds under public law. However, DUDEK Manufacturing Systems is entitled to sue the customer at any other legally permissible location.
For all business and legal relationships between DUDEK Manufacturing Systems and the customer / buyer, the law of the Federal Republic of Germany applies exclusively, provided that no higher-level international law is expressly contrary.
16. Final provisions, severability clause
The customer’s rights from a contract with DUDEK Manufacturing Systems are not transferable, as far as this can be excluded by law.
Should individual provisions of these terms and conditions not be legally effective or lose their legal effectiveness due to a later circumstance, or should a loophole emerge in these terms and conditions, this shall not affect the legal effectiveness of the remaining conditions. Instead of the ineffective conditions of the GTC or to fill in the loophole, an appropriate regulation should apply, which as far as possible comes closest to what the buyer and seller would have agreed if they had observed this point.
The Vienna UN Agreement (UNCITRAL) on the international sale of goods is excluded.