All offers, sales and deliveries of DHD shall exclusively be on the basis of these Terms and Conditions. They shall also apply to all future transactions.
(1) We only accept and fulfil orders for the supply of goods upon and subject to these conditions and no variation or addition will be of any legal effect unless expressly approved in writing by one of our authorised signatories. These conditions shall prevail over any terms and conditions of the purchaser.
(2) Our acceptance of a purchaser’s order will only take place when we give our written acknowledgement.
(3) Once accepted, a purchaser’s order cannot be cancelled except with our written agreement.
(4) Not included are the installation of the system and the linking of connection cables, monitoring, metering and display devices as well as the PCs for service and remote maintenance that might be necessary.
(1) We reserve the right to increase prices by such amount as may be necessary to cover any increases in the costs incurred by us in supplying goods as a result of changes in market conditions between the date of our quotation and the relevant delivery date. Changes in market conditions shall include (but shall not be limited to) variations in exchange rate, the imposition of new taxes, levies and surcharges, changes in basis or rates of existing taxes, surcharges and levies, and trading restrictions caused by Governmental or statutory controls.
(2) Unless provided otherwise, prices shall be ex works. In addition to the price, the purchaser will be liable to pay us on demand the cost of carriage and insurance in transit of goods delivered, together with VAT on the price and on such costs at the rate in force at the time of delivery.
(1) Payment of the price together with any applicable carriage VAT or other charges is to be made in accordance with our quotation and/or acceptance.
(2) Any moneys due or payable to us by the purchaser which are not paid on the due date shall (without prejudice to our other rights and remedies) carry interest from day to day at 4% per annum above the base rate of our bankers for time being in force with a minimum of 10% per annum, compounded monthly (after as well as before judgement) from the due date until payment.
(1) We shall deliver the goods in whatever form and by whatever means we consider appropriate and we reserve the right to make part deliveries unless we expressly agree otherwise.
(2) Goods are despatched at the purchaser’s expense and risk unless we expressly agree otherwise.
(3) We make every effort to adhere to delivery dates but these are given without obligation on our part and must be considered approximate only. We shall not be liable for delay in delivery.
(4) To secure the date of delivery, the customer is committed to supplying DHD with all configuration information 4 weeks before delivery date at the latest.
(5) The delivery time is 12 weeks from receipt of order unless we expressly agree otherwise.
(1) All import and other duties shall be met by the purchaser and the purchaser shall ensure that all applicable import/export licences, certificates of origin and any other relevant documentation and authorisations have been procured prior to the shipment.
(2) The purchaser shall be responsible for ensuring that goods comply with relevant governmental and other regulations.
Return policy of purchased items
(1) The purchaser shall agree with DHD prior to returning any goods purchased.
(2) Return of goods will only be accepted on condition of prior statement of serial numbers in addition to written consultation and written confirmation. We reserve the right to deny the return of customised modules or larger quantities.
(3) Depending on module types and condition of the returned goods, DHD will charge fees for administration and restocking.
Return policy for exchange parts and repairs
(1) The purchaser shall advise DHD of the failure prior to returning any parts for repairs.
(2) DHD will charge carriage costs for all shipments of exchange and repaired parts to the purchasers facility unless we expressly agree otherwise.
(3) The purchaser is responsible for all carriage and insurance costs for the return of the faulty part to DHD unless we expressly agree otherwise. Returned Goods must be suitably packed in order to avoid damage in transit.
(4) DHD offers an exchange service for the majority of assemblies. In the framework of this service, DHD ships a replacement assembly and the customer returns the faulty unit. This service is not free of charge within or without the warranty period.
Guarantee and limitation of liability
We guarantee that we will, at our option, repair or replace free of charge for labour and parts any part(s) of goods manufactured by us requiring repair or replacement (during the applicable guarantee period specified below) by reason solely of faulty material or workmanship during manufacture subject to following conditions:
(1) The warranty period is 12 months from the date of delivery, unless we expressly agree otherwise.
(2) If the item of goods in question is no longer available we shall do our best to provide a suitable alternative and the purchaser shall be bound to accept this.
(3) Wear and tear caused by operation and normal abrasion, especially of faders, is not covered. For integrated products of other manufacturers, the warranty given by the original manufacturer is valid.
(4) Damage resulting from or aggravated by negligence, failure to follow correct operating procedures, misuse, unauthorised modifications, or the fitting of non-original parts by the purchaser or their agents is excluded.
(5) The part returned must have the same serial number as the part originally purchased. Warranty is excluded if serial numbers, model indications or similar characteristic marks have been removed or made unreadable.
Choice of forum
(1) The sole forum for all disputes arising directly or indirectly out of the contract shall be Leipzig.
(2) All relations arising out of the contract shall be governed by German law not including the United Nations Convention on Contracts for the International Sale of Goods (CISG).