of the company Doppel Cooling GmbH hereinafter referred to as "Doppel Cooling" - only for commercial business transactions

Article 1: Validity

The following terms and conditions of business shall apply as the basis and component of all - including future - delivery transactions initiated, concluded and processed by or with us as well as legal transactions and other services in connection therewith. We hereby expressly object to any deviating provisions of the customer. The conditions do not apply in relation to consumers within the meaning of § 13 BGB.

Article 2: Offer and conclusion of contract

  1. Our offers are non-binding and subject to confirmation.
  2. The order shall be deemed accepted if it is confirmed by Doppel Cooling in a form customary in business - also tacitly according to § 151 BGB (German Civil Code), waiving any explicitness. Delivery and invoice are simultaneously considered as order confirmation.
  3. Orders for which fixed prices have not been expressly agreed shall be charged at the list price valid on the day of delivery (daily price).
  4. Doppel Cooling reserves the right to adjust the prices in case of price increases by the pre-supplier, the supplier or in case of exchange rate changes. The same applies in case of accidentally incorrect price information.
  5. All prices are exclusive of VAT.

Article 3: Tolerances

Models, samples and illustrations do not contain any warranted characteristics or quality guarantees, but serve to describe the product and are only approximate. Deviations or modifications customary in the trade are permissible, provided they do not impair usability for the contractually intended purpose.

Article 4: Delivery, dispatch, transfer of risk

  1. Delivery periods and dates are always considered to be approximate.
    They shall be deemed to have been complied with if the consignment has been dispatched within the deadline or readiness for dispatch has been notified.
  2. Partial deliveries are permitted; each partial delivery is considered an independent transaction.
  3. The liability for damages due to possible exceeding of delivery times is excluded. This does not apply if liability is mandatory in cases of intent or gross negligence or for physical injury.
  4. Shipment is carriage forward at the risk of the buyer. The mode of dispatch and packaging are at the discretion of Doppel Cooling.
    The risk is transferred to the buyer when the delivery item is handed over to the forwarding agent or other third parties responsible within the scope of the shipment. This also applies to partial deliveries.
  5. The buyer is obliged to check the goods immediately after receipt for damage and freedom from defects. Defects, wrong or short deliveries have to be reported to Doppel Cooling within 8 days after receipt of the goods at the latest according to § 377 HGB, otherwise the goods are considered as approved.
  6. The buyer must immediately report transport damage and obvious defects to the responsible transport company and to the office designated by Doppel Cooling. Only in this way can claims for recourse against the party causing the damage be protected.
  7. Doppel Cooling does not take back transport packaging and all other packaging in accordance with the packaging ordinance; the buyer must arrange for the disposal of the packaging at his own expense.
  8. In any case, Doppel Cooling reserves the right to deliver against advance payment or cash on delivery.
  9. If self-supply by a supplier of Doppel Cooling is delayed, the delivery time will be extended accordingly.
  10. As far as obstructions are not only temporary in nature, Doppel Cooling is entitled to withdraw from the contract in case of force majeure (e.g. war, riots, pandemics, strikes, lockouts, local measures), for which Doppel Cooling is not responsible and which makes the delivery considerably more difficult or impossible.
  11. The mode of dispatch and packaging is subject to the discretion of Doppel Cooling.
  12. We do not accept any responsibility for the possible loss of goods provided by the customer. All necessary documents must be submitted to Doppel Cooling immediately. Supplies must be available at the desired date at Doppel Cooling or at the agreed production site. This is the sole responsibility of the customer. If provisions are not available on the desired date, we reserve the right to deliver unfinished systems. If untimely provision of materials leads to delays in the production process, we reserve the right to invoice the corresponding additional expenditure.

Article 5: Returns / cancellation

  1. Goods that we take back as part of a goodwill arrangement will only be returned after prior consultation and written approval by Doppel Cooling.
  2. Unfree, unauthorised shipments will not be accepted by Doppel Cooling. The acceptance of unsolicited returned goods is initially provisional and does not confirm a withdrawal from the contract.
    In case of final acceptance of returned goods for which the customer is responsible, Doppel Cooling reserves the right to charge a handling and restocking fee of 15% of the net value of the goods. The customer bears the freight risk for the return shipment.
  3. In case of non-acceptance of ordered goods, Doppel Cooling can make use of its legal rights. If Doppel Cooling claims damages, these shall amount to 25% of the net purchase price. The damages shall be set higher or lower if Doppel Cooling proves a higher damage or the Customer proves that a lower damage or no damage at all has occurred.

Article 6: Payments

  1. Payment within 30 days net from date of invoice is deemed to be agreed.
    Decisive for the date of payment is the receipt at Doppel Cooling, i.e. credit note on the account of the paying agent designated by Doppel Cooling.
    In any case, Doppel Cooling reserves the right to deliver against prepayment and cash on delivery, especially if there are justified doubts about the creditworthiness of the buyer.
  2. Retention of payments due to or offsetting against counterclaims of the customer is only permissible if the counterclaims are undisputed or have been legally established.
  3. Payments made by customers (including cash on delivery) are always offset against the oldest outstanding claims. In the event of default of payment, all outstanding invoices shall become due immediately.
  4. Payments by the buyer to purchasing associations, central regulators or similar institutions do not result in fulfilment. The aforementioned institutions shall not be deemed "third parties" within the meaning of § 362 (2) BGB.

Article 7: Warranty/guarantee

  1. Defects which have not been notified to the seller within 7 days of receipt of the consignment or 7 days after discovery in the case of non-detectable defects are deemed to have been approved and no longer entitle the buyer to assert claims for liability for defects. It is the responsibility of the buyer to immediately inspect each delivered item for defects. Goods which are the subject of a complaint must be returned to the seller at the seller's request or to the manufacturer's works at the buyer's expense.
  2. The Seller reserves the right to remedy defects that have been justifiably asserted or to have them remedied by repair. If the Seller decides to remedy the defect, the transport costs shall be reimbursed to the Purchaser, unless the reimbursement of costs is excluded and/or limited due to disproportionate costs in accordance with § 439 III BGB. The buyer grants the seller the right to remedy defects twice for each defect. Furthermore, the seller reserves the right to satisfy justifiably asserted claims for liability for defects by means of replacement delivery. Until a factory decision on the justification of the notice of defects and the Seller's decision on how to satisfy the claims for liability for defects, the Seller shall, at the request of the Buyer, deliver a replacement and charge the Buyer for the value of the replacement delivery. The invoiced amount will be credited if the notice of defect proves to be justified or if the Seller decides that the claims for liability for defects will be satisfied by replacement delivery. The buyer is only entitled to claims for reimbursement of expenses within the scope of § 439 III BGB (German Civil Code) if the seller decides to have the defects rectified by the buyer.
  3. If, in the event of a return of goods on the basis of the complaint, it transpires that the complaints were unjustified, the seller is entitled to charge a reasonable fee for the inspection of the goods. If it is not possible to return the rejected goods, the buyer can only demand costs for a subsequent performance carried out or arranged by himself from the seller if and insofar as the seller has given his consent to this and the cost framework approved by the seller is not exceeded.
  4. Additional regulation Warranty for special and compound systems:
    We do not provide any warranty for material supplied by the customer or procured on the basis of specifications provided by the customer or for designs specified by the customer. Unauthorised rectification of defects by the customer or by third parties shall result in the loss of all warranty claims against us. We shall not bear the costs of a rectification of defects by the customer or third parties without our prior written consent. This does not apply in urgent cases, especially in cases that cannot be postponed, where operational safety is endangered or to prevent disproportionately large damage. In these cases we are obliged to inform the customer immediately and only to reimburse necessary costs.
    We do not assume any warranty or liability for damage, in particular in the event of unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, excessive strain, improper storage and transport, unsuitable operating materials, defective work, chemical, electrotechnical/electronic or electrical influences. There is also no liability and obligation to assume responsibility, in particular for the following measures and actions of the customer or third parties and their consequences: Improper rectification of defects, alteration of the delivery item without our prior consent, attachment and installation of parts, in particular spare parts which do not originate from us or which have been expressly approved for installation, and failure to observe the operating and maintenance instructions.
    Insofar as claims exist, we shall initially provide a warranty for defects in the goods at our discretion either by repair or replacement.
    If the supplementary performance fails, the customer can in principle demand a reduction of the remuneration or cancellation of the contract at his discretion. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer shall not be entitled to withdraw from the contract.
    If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claims for damages due to the defect. If the customer chooses to claim damages after subsequent performance has failed, the goods remain with the customer. The compensation is limited to the difference between the purchase price and the defective item. This shall not apply if we have caused the breach of contract maliciously. We accept a maximum charge rate of € 50,-/hour for the approved removal of notified defects by the customer or third parties under warranty, irrespective of Sundays, public holidays or other aggravation surcharges, for qualified personnel. Travel times and travel costs are to be shown separately and coordinated appropriately according to economic and ecological aspects of the expenditure/deficiency. We reserve the right to settle the invoice in the event of disproportionate travel and travel costs to the reported defect. The statutory provisions on flat rates per kilometre shall apply. The work and activity reports must be submitted to us immediately in writing. We shall make replaced or renewed cost-intensive components available again in exchange and may not be invoiced to us. The same applies to auxiliary materials, operating materials, lubricants and refrigerants.

Article 8: General liability

  1. Claims for damages of any kind against the seller or his vicarious agents - in particular for breach of ancillary contractual obligations, for culpa in contrahendo, for tortious acts - are excluded, except in cases of intent or gross negligence on the part of the seller or his vicarious agents. This shall not apply if the damage represents damage to life, body or health.
  2. If the buyer is a company, there is also no liability if there is gross negligence of simple vicarious agents, unless there is a breach of cardinal obligations. In any case, liability is limited to the amount at which the respective risk was insured by the seller, but at most up to the amount of the delivery value, insofar as this is legally permissible.
  3. Insofar as the seller himself is entitled to claims for damages against his suppliers, for example under the Product Liability Act, the seller is entitled to assign these to the buyer. The buyer must first do everything reasonable for him out of court to satisfy himself from the assigned claims. Only if this does not lead to success can claims for damages be asserted against the seller, unless they are excluded by contract. Claims for damages from delay in delivery for which the seller is not responsible cannot be asserted. Third party companies and their employees are not vicarious agents of the seller.

Article 9: Reservation of title

  1. The goods are under reservation of title by Doppel Cooling until the purchase price and all outstanding or future claims arising from the business relationship have been paid in full. If payment is made by cheque or bill of exchange, the reservation of title shall remain in force until the payment amount has been credited to Doppel Cooling.
  2. The buyer is entitled to sell the goods within the framework of proper business operations, provided that he meets his (payment) obligations and other contractual obligations, otherwise Doppel Cooling is entitled, after setting a reasonable grace period, to demand the return of the goods and to exploit them. Such a repossession shall not be deemed a withdrawal from the purchase contract.
    In case of resale, the buyer assigns to Doppel Cooling all his claims against his customers arising from the resale. The buyer is entitled to collect these claims; however, in case of default of payment by the buyer, Doppel Cooling is entitled to demand from the buyer the communication of these claims as well as the names of his customers. Subsequently, Doppel Cooling is entitled to inform the customers of the buyer of the assignment of the claims and to collect these claims itself.
  3. Doppel Cooling undertakes to release securities upon the request of the buyer to the extent that these exceed the claims to be secured by 10% or more. The purchase value is decisive for the valuation. The authority of the buyer to sell goods subject to retention of title in the ordinary course of business ends with the revocation by Doppel Cooling, as a result of a sustained deterioration of the buyer's financial situation, but at the latest with his suspension of payments or with the application or opening of insolvency proceedings against his assets.
    The pledging or transfer by way of security of the goods subject to retention of title or the assigned claim is not permitted.
    The buyer shall store the reserved goods for Doppel Cooling free of charge. He must insure them against the usual risks such as fire, theft, water etc. to the usual extent. The buyer herewith assigns to Doppel Cooling his claims for compensation, which he is entitled to from damages of the above mentioned kind against insurance companies or other parties liable for compensation, in the amount of the invoice value of the goods.

Article 10: Place of jurisdiction, choice of law, final provisions

  1. The legal relations between Doppel Cooling and the buyer are exclusively subject to the law of the Federal Republic of Germany; the validity of referral norms and the UN Convention on Contracts for the International Sale of Goods is excluded.
  2. Place of jurisdiction for all possible legal disputes arising from the business relationship between Doppel Cooling and the customer is, at the discretion of Doppel Cooling, Düsseldorf or the registered office of the customer.
  3. If individual provisions of these terms and conditions are or become invalid in whole or in part, the validity of the remaining part or the remaining provisions shall not be affected. In place of the ineffective provisions or the ineffective part of the provision, the legal provision which comes closest to the purpose of the ineffective provision shall apply.
  4. If individual provisions of these terms and conditions are or become invalid in whole or in part, the validity of the remaining part or the remaining provisions shall not be affected. In place of the ineffective provisions or the ineffective part of the provision, the legal provision which comes closest to the purpose of the ineffective provision shall apply.


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