General Terms and Conditions
General Terms and Conditions of Sale and General Terms and Conditions of Purchase
of DoKaSch GmbH Aluminiumverarbeitung Air Cargo Equipment + Repair
General Terms and Conditions of Sale
1.1. Deliveries, services and offers of DoKaSch GmbH Aluminiumverarbeitung Air Cargo Equipment + Repair are exclusively subject to these General Terms and Conditions of Sale. These conditions are also applicable for all future business relations although not expressly agreed again. The conditions are deemed to be accepted with receipt of goods or services at the latest.
1.2. Any conflicting terms and conditions of the customer or terms of the customer at variance hereto shall not be considered valid unless expressly confirmed in writing by DoKaSch GmbH. The General Terms and Conditions of Sale of DoKaSch GmbH and the rejection of different or conflicting terms shall also apply if DoKaSch GmbH performs delivery and services to the customer without any reservation in knowledge of such different or conflicting terms.
2. Offers, contract conclusions and technical property
2.1. Offers from DoKaSch GmbH shall not be binding unless expressly provided otherwise. DoKaSch GmbH may accept offers from the customer within a period of two weeks after receipt of offer. Declarations of acceptance, orders and order acceptances must be in written form. Delivery notes and/or commercial invoices are deemed as declarations of acceptance and/or order confirmations at order execution by DoKaSch GmbH within the acceptance period.
2.2. Drawings, illustrations, dimensions and weights are only binding if expressly agreed in writing.
2.3. Technical properties of delivery items are determined by the product information issued by DoKaSch GmbH. Any assurance or guarantee of aforementioned product properties must be made in writing. Properties beyond aforementioned product properties of delivery items are deemed to be agreed only if DoKaSch confirms such properties separately in writing.
3. Delivery, impediment to performance, partial shipments
3.1. Delivery and performance times are approximate and non-binding. Agreements on binding delivery times must be made in writing and shall explicitly declare such delivery times as binding.
3.2. The fulfilment of agreed delivery times presupposes the timely receipt of all documents, necessary approvals, information and releases as well as the observance of agreed terms of payment by the customer. If these requirements are not fulfilled in time, the terms are extended appropriately; this shall not apply if DoKaSch GmbH is responsible for the delay.
3.3. DoKaSch GmbH cannot be held responsible for delays in delivery or performance as a result of force majeure and events beyond DoKaSch GmbH’s control which make delivery or completion of performance significantly difficult or impossible for DoKaSch GmbH, e. g. subsequent material procurement difficulties, operational disruptions, strike, lockouts, lack of personnel, lack of transport resources, official directives, mobilization, war, riot, etc, including those which occur at DoKaSch GmbH’s suppliers, their sub-suppliers or subcontractor and even if binding dates and deadlines have been agreed on. In case of such delays DoKaSch GmbH is entitled to postpone the delivery and/or performance for the duration of the delay plus a reasonable start-up time or to withdraw from the respective contract in whole or in part in respect of the part of the contract not yet performed. This shall also apply if they arise during a delay which has already occurred. DoKaSch GmbH shall inform the customer about such hindrances immediately.
If the hindrance lasts longer than three months, the customer is entitled to withdraw from the contract due to the unfulfilled part of said contract after providing a suitable grace period in writing and subject to the exclusion of all other rights.
3.4. Delay on part of DoKaSch GmbH only occurs due to a reminder in writing. The period for subsequent performance shall be reasonable. In case of doubt a period of at least two weeks shall be deemed as reasonable. The period must be in written form.
3.5. Partial deliveries and their separate invoicing shall be permissible and shall not be rejected by the customer if the remaining goods and/or performances will be still delivered or a partial delivery is not without interest of the customer.
4. Scope of delivery
4.1. The scope of delivery is determined by the written contractual terms.
4.2. Technical changes resulting from improvements in technology or demands of the legislative authorities, are subject to reservation during period of supply, provided the delivery item is not considerably changed and the changes are reasonable for the customer.
5. Damage compensation
If the customer must pay damages for non-performance, DoKaSch GmbH is entitled to charge him a lump sum of 15 % of the agreed net payment. The customer is permitted to prove that no damage has been incurred or that the damage is significantly less than the lump sum. DoKaSch GmbH is entitled to assert a claim for greater damage if this can be shown to be the case.
6. Packaging and delivery
Place of performance for obligations on part of DoKaSch GmbH and place of transfer of the risk is, unless otherwise agreed, the company office of DoKaSch GmbH. Insofar as DoKaSch GmbH delivers or dispatches goods, delivery is at the risk and expense of the customer. DoKaSch GmbH is authorized, but not, however, obliged, to insure deliveries in the interest of and at the expense of the customer.
7. Notice of defects and warranty
7.1. For notices of defects by entrepreneurs, the statutory regulations, in particular §§ 377 HGB, shall apply. In other respects, obvious defects shall be notified immediately.
7.2. Guarantees concerning properties of the goods or performance must be in writing. Information in advertising brochures is non-binding and shall not provide any guarantees.
7.3. Deviations in quality do not constitute faults in the goods provided such faults do not significantly impair the use of the delivery item for the contractually stipulated purpose when the product is properly used or processed. DoKaSch GmbH does not assume any guarantee that deliveries will be completely identical in colour and form or correspond fully to models and samples.
7.4. Provided a properly filed notice of defects is justified, DoKaSch GmbH is entitled for entrepreneurs to provide a replacement of its own choice. DoKaSch GmbH does not have the right to subsequent delivery for a purchase if and to the extent to which the customer claims right of recourse under the terms of § 478, sec. 1 or sec. 2 BGB. If providing a replacement fails the customer is entitled at his own option to withdraw from the contract or request an appropriate reduction for the agreed price or, if legal requirements are met, demand damages.
7.5. If the customer is an entrepreneur the warranty period for the purchase of new items is one year from delivery, unless the law provides a longer period in accordance with §§ 438 sec. 1, no. 2 BGB (buildings or items for buildings) or 479, sec. 1 or sec. 2 BGB (right of recourse). Warranty rights for the purchase of used items are excluded in case the customer is an entrepreneur.
7.6. Should a notice of defect turn out to be unjustified the customer must reimburse DoKaSch GmbH for all expenses that could be deemed to be necessary for the purpose of processing and investigating the notice of defects.
7.7. Claims from the customer for expenses necessary for subsequent fulfilment, in particular transport, travel, labour and material costs, are excluded if they arise or increase because the delivery item has been transported to a location other than the place of delivery unless such delivery corresponds to the contractual required use.
7.8. The customer does not have any rights of recourse against DoKaSch GmbH if they are based on the fact that the customer has made agreements with his purchaser over and above the legal warranty regulations.
8. Retention of title
8.1. The delivery items (goods subject to retention of title) shall remain the property of DoKaSch GmbH until the purchase price has been completely paid and all claims due from the business relationship with the customer have been settled.
8.2. The handling and processing of the goods subject to retention of title shall be carried out for DoKaSch GmbH without placing the company under any obligation.
8.3. The customer shall be only entitled and authorized to resell, combine or mix the goods subject to retention of title within the scope of ordinary business activities and with the proviso that the claims described below are indeed transferred to DoKaSch GmbH and the property does not pass to the contractual partner of the customer until he has completely fulfilled his payment obligations. For other disposal of reserved goods, in particular by pledging or transfer by way of security, the customer is not entitled.
8.4. The customer assigns already now all claims (including all outstanding balance claims) to DoKaSch GmbH arising out of the sale of the reserved goods or the combining or mixing of the reserved goods with other items amounting to the value of the goods subject to retention of title including all ancillary rights and with the rank above all other claims. DoKaSch GmbH shall accept this assignment. As value of reserved goods the amount invoiced by DoKaSch GmbH is agreed on plus a security surcharge of 10 % which, however, shall not be applied if there are conflicting rights of third parties.
8.5. DoKaSch GmbH hereby grants the customer revocable authorization to call in the assigned claims for accounting by DoKaSch GmbH in his own name, provided he fulfills his obligations towards DoKaSch GmbH, is not in default and no application for insolvency or composition proceedings is filed. Upon DoKaSch GmbH’s request, the customer shall name the debtors of the claims assigned to DoKaSch GmbH, notify them of such assignment, provide all information necessary for the collection regarding the assigned goods and hand over the documents required for their collection. DoKaSch GmbH is also authorized to notify the debtors of the assignment.
8.6. If the customer is delayed with his payments, DoKaSch GmbH is entitled to ask for return of the goods if payment still has not been made after a reasonable grace period for payment has been set. Taking back or pledging of reserved goods by DoKaSch GmbH shall not constitute a withdrawal from contract. After the goods have been taken back, DoKaSch GmbH is entitled to best possible reuse the goods. The proceeds of this reuse should be credited against the amount payable by the customer, less appropriate disposal costs. Any claim for performance by the customer expires in this case.
8.7. If and to the extent to which the existing securities for the benefit of DoKaSch GmbH exceed the claims to be secured by more than 20 %, DoKaSch GmbH will, at the request of the customer, release a corresponding proportion of the liens.
8.8. In the event of access of third parties to goods subject to retention of title or other liens the customer is obliged to refer to the rights of DoKaSch GmbH and to inform DoKaSch GmbH of the access immediately.
9. DoKaSch GmbH’s liability
9.1. DoKaSch GmbH shall only be liable for damage if DoKaSch GmbH or one of its vicarious agents has violated an essential contractual obligation or the damage is attributable to gross negligence or intent on part of DoKaSch GmbH or one of its vicarious agents. An essential contractual obligation is an obligation whose fulfilment only makes the proper performance of the contract possible and on the adherence of which the contractual partner may regularly rely.
9.2. If the culpable violation of an essential contractual obligation is not caused by gross negligence or intent, the liability of DoKaSch GmbH shall be limited to the damage that was reasonable foreseeable to DoKaSch GmbH when the contract was concluded.
9.3. The above liability provisions apply to contractual and non-contractual claims. Liability on the basis of mandatory statutory regulations, guaranteed properties, from assumed guarantees and for damages arising from injury to life, body or health remains unaffected.
10.1. DoKaSch GmbH shall not be obliged to compensate damages of the customer or other persons arising from delay in delivery or a total impossibility to deliver due to legal or official export restrictions unless DoKaSch acts intentionally or with gross negligence.
10.2. The same applies for damages arising on the part of the customer or third parties because of no or late delivery of spare parts or components as a result of export restrictions. The obligation of the customer to settle the agreed payment shall remain unaffected from the occurrence of defaults due to export restrictions. DoKaSch GmbH shall be entitled to withdraw from the agreement if defaults occur after the conclusion of contract due to export restrictions.
11. Conditions of payment, offsetting
11.1. Prices for consumers are including statutory VAT and for customers who are not consumers plus statutory VAT at the current rate. If the contractual partners do not agree on individual prices, the DoKaSch GmbH price list valid at the time of order applies.
11.2. Payments for services and other work are also based on DoKaSch GmbH price lists applicable at the time of placing the order. These are sent to the customer on request or can be inspected at the business premises of DoKaSch GmbH.
11.3. The purchase price and other fees are due 30 days after handing over of the delivery item. A discount is permitted only if expressly agreed in writing. An agreed discount on new invoices is not permissible if older due invoices are still open for payment.
11.4. Deviating agreements regarding maturity and deductions must be in writing.
11.5. If the customer is in arrears with his payments, DoKaSch GmbH is, irrespective of other rights, entitled to carry out further deliveries to the customer only against prepayment.
11.6. Checks and promissories are deemed as payment only after they have been cashed. Promissories will only be accepted with prior written agreement. In case of promissories, bank interests and charges will be borne by and invoiced to the customer. They must be paid immediately in cash.
11.7. In case debits, checks or promissories are dishonoured, the customer is immediately deemed to be in default of payment. DoKaSch GmbH is entitled – subject to assertion of damages beyond this – to charge the amount of € 20.00 for each indebted dishonoured payment. The customer is permitted to prove that no damage has been incurred or that it is significantly less than the lump sum.
11.8. The customer may only offset against his own claims if these claims are undisputed or have been legally established. The same applies to the exercise of rights of retention, unless the right of retention is attributable to intentional or grossly negligent breach of contract by DoKaSch GmbH. In addition the customer may only assert a right of retention to the extent his rights are based on the same contractual relationship as the claims from DoKaSch GmbH against which the customer is asserting these rights.
12. Place of performance and choice of forum
12.1. The place of performance for obligations concerning the contractual partners is Staudt, unless otherwise agreed.
12.2. For all disputes arising from the contractual relationship the court of jurisdiction shall be exclusively Staudt provided that the customer is an entrepreneur, a legal person under public law or special funds under public law or has no general court of jurisdiction in this country. DoKaSch GmbH is also entitled to bring an action against the customer at the customer’s general court of jurisdiction.
12.3. The law of the Federal Republic of Germany excluding the provisions of the uniform UN Convention on Contracts for the International Sale of Goods (CISG) shall apply for these terms and conditions of sale and the entire legal relationship between the contractual partners.
Effective: June 2022
General Terms and Conditions of Purchase
1.1. These General Terms and Conditions of Purchase regulate the basic legal relationships between the supplier („Supplier“) and DoKaSch GmbH Aluminiumverarbeitung Air Cargo Equipment + Repair („DoKaSch“) for all performances and deliveries ordered by DoKaSch – on its own name or on behalf of affiliated companies. They apply exclusively to contractors, a legal person under public law or a special fund under public law according to sect. 310, para. I BGB. They are part of all offers and contracts for deliveries and performances to DoKaSch, also in current and future business relationships.
1.2. All offers, agreements, deliveries and performances are only made on the basis and in accordance with the following conditions. Different conditions of the supplier are only binding if they are confirmed by DoKaSch. If two confirmation letters which contain different regulations cross each other, the one from DoKaSch applies.
1.3. All agreements and orders must be transmitted by telecommunications in order to be binding. Spoken collateral agreements have not been made. It does not exclude the proof to the contrary.
2. Contract processing
Offers from DoKaSch are non-binding. DoKaSch can accept contractual offers within four weeks. All changes, agreements and spoken collateral agreements require confirmation by telecommunications from DoKaSch to be effective. It also applies to contracts concluded by DoKaSch employees or commercial agents. The above mentioned regulations do not apply to agreements made after the conclusions of the contract.
3. Prices and payment
The prices are DDP (Incoterms® 2020) Staudt or the place of delivery / point of deployment for services agreed in the contract in euros or, if expressly agreed between both parties, fom the place of performance including the costs for packaging, transport security, pallets, freight, transport, insurance and assembly, if applicable and unless otherwise expressly agreed in writing. They are fixed prices and exclude additional claims. Additional or different deliveries or performances will only be remunerated if a written supplementary agreement has been concluded. In case of doubt the prices include VAT unless the contrary can be assumed on the basis of business practice. The same applies to sales, sales- and other taxes and customs duties. The supplier is liable for all incidental taxes, duties and customs duties.
4. Delayed delivery and performance
4.1. Delivery dates and information about the time of performance are binding and must be strictly observed.
For the observance of the delivery date or the delivery deadline / rendering of service the delivery to the delivery place / service place specified by DoKaSch is relevant.
4.2. In case of an entry of events that make delivery or performance difficult or impossible and for those DoKaSch is neither responsible nor liable, such as force majeure, mobilization, war, strike or lockout, DoKaSch is entitled to withdraw from the respective contract in whole or in part even if the delivery and performance remains possible, provided that DoKaSch hass et a reasonable period of grace
4.3. If the agreed deadline can not be observed DoKaSch is entitled to claim any costs and expenses incurred, even without setting a period of grace and to count them up to outstanding liabilities.
5. Delivery deadlines / Service deadlines
Delay in acceptance can only be justified by the offer of delivery on the part of the supplier at the agreed time or in the event that no delivery has been agreed by offering delivery during normal business hours at the place of performance. The delivery should be processed completely, correct and free of defects.
6. Place of performance
For deliveries and performances the place of performance is the Headquarter of DoKaSch or – at DoKaSch’s own discretion – the place of delivery or performance where the goods are provided for the customer or finally delivered. The place of performance for payments is the Headquarter of DoKaSch. Unloading should be done on suppliers responsibility and costs. The supplier also takes the risk for deliveries / services free domicile. The supplier decides on his own discretion whether delivery / service is insured. Any addtional costs should be covered by the supplier. In case of freight-paid delivery, the transport costs are to be paid by the supplier in advance.
7.1. The supplier covers the warranty according to the legal regulations however he takes over the supplementary performance incl. installation and expansion costs worldwide at the respective location of the item where his product was installed; warranty and compensation claims do not expire three years after the transfer of risk.
7.2. The warranty period is extended by the time during which the defective delivery or perfomance cannot be used as specified.
7.3. In the case of replacement delivery and removal of defects the limitation period for replaced and reworked parts begins again from the date on which the replacement or reworked part was installed and made available for use by the customer.
7.4. In case of doubt all descriptions regarding the function, durability or properties of a product are to be interpreted as a warranty given by the supplier according to the delivered product. The supplier is entitled to prove that he has not given any warranty.
8. Inspection obligation
The supplier waives all right that he could derive from sect. 377 HGB.
The supplier is liable according to the legal regulations. The supplier guarantees that the delivered item / provided service is free of third-party rights worldwide. Upon first written request the supplier shall release DoKaSch from all liabilities that arise from the fact that a delivered item / provided service or parts thereof are encumbered with asserted rights of third parties in particular with rights of commercial legal protection.
10.1. Payments fall due within 45 days after completed performance and issuing of an invoice that complies with legal requirements. Partial performances are only to be remunerated if the partial performance can be used by DoKaSch without restriction. If payment is made within 14 days DoKaSch is entitled to retain 3% of the total value including taxes and other costs as a discount. DoKaSch is entitled to pay by check, bill of exchange, foreign currency or in any other form. The supplier is neither entitled to retain his property nor to offset as long as the counterclaim against DoKaSch is not undisputed or has been legally established by an ordinary court and is therefore legally binding.
10.2. Werden DoKaSch nach Vertragsschluss Umstände bekannt, die der Lieferant zu vertreten hat und die seine Kreditwürdigkeit oder seine Befähigung zur Abwicklung der Lieferungen oder der Leistung in Frage stellen, so ist DoKaSch berechtigt, etwaige Vorauszahlungen einzubehalten. Weiterhin ist DoKaSch berechtigt, von allen bestehenden Vereinbarungen mit dem Lieferanten zurückzutreten, sofern nicht der Lieferant die rechtzeitige und korrekte Lieferung und Leistung hinreichend sicherstellen kann.
11. Deliveries / Services
11.1. The deliveries or performances shall be in the agreed quality or be suitable for the use agreed in the contract. Unless otherwise agreed all products must correspond to the latest state of science and technology. In particular the supplier must observe the recognized safety regulations as well as the relevant accident prevention-, work and environmental protection regulations in the aviation industry.
11.2. The packaging must ensure the complete protection of the product from predictable risks and dangers during transport and storage. Insufficient protection due to defective packaging compares to a defect in the product. The supplier must comply with the existing packaging specifications from DoKaSch otherwise DoKaSch is entitled to claim / deduct any costs incurred (e.g. for disposal).
11.3. The supplier must ensure that the delivery contains a sufficient number of spare parts for the product delivered for a predictable and appropriate period of time. A defect of a spare part is equivalent to a defect of the product.
11.4. In case of doubt, software shall be delivered with the source code, full documentation and a handbook.
12. Spare Parts
12.1. Unless otherwise agreed the supplier is obliged to keep spare parts for products delivered to DoKaSch available for a period of seven years after the last delivery. During this time the price does not increase by more than 5% compared to the last agreed price.
12.2. If the supplier intends to discontinue the production of spare parts for the products delivered to DoKaSch he will inform DoKaSch immediately after the decision about the discontinuation. That decision should be -without prejudice to the preceding paragraph 12.1- at least six months before the end of production.
13. Contract of work
13.1. The parts to be processed will be kept ready for collection by DoKaSch at the agreed time after careful incoming goods inspection. DoKaSch does not assume responsibility for material defects that cannot be checked by DoKaSch (e.g. blowholes) any additional costs that may arise for processing and for tools that have become unusable.
For services ordered by DoKaSch (e.g. assembly services) the parts are provided by DoKaSch including the corresponding documentation. Before delivering the assembled equipment (e.g. container) to the customer approval from DoKaSch must be obtained for each delivery.
13.2. The successful incoming goods inspection by DoKaSch or approval of the service for delivery or provision by DoKaSch is deemed to be acceptance of the processed parts or the ordered service. Alternatively, DoKaSch can also carry out an acceptance test at the supplier / service provider on site. The costs of the acceptance at the DoKaSch headquarters will be borne by DoKaSch. If the acceptance takes place at the company headquarters of the supplier / service provider he is obliged to assume the costs incurred.
If DoKaSch defaults on the acceptance of the processed parts / the ordered service, the resulting storage costs can be charged a maximum of 2% of the total costs for the parts not yet accepted and only in the case of delay for which DoKaSch is responsible once per order.
13.3. The processing of the parts / the rendering of the service is always done for DoKaSch. The delivered parts remain the property of DoKaSch at all times even if material provided by DoKaSch is processed together with material provided by the supplier, the new product is always the property of DoKaSch at all times of processing. In the absence of any deviating agreements, ownership of any waste (e.g. shavings) is transferred to the supplier / service provider. He has to ensure environmentally friendly disposal at his own expense. When placing an order DoKaSch is entitled to demand the surrender of any waste from the material provided.
13.4. If there is a defect in the processing / service provided, DoKaSch can request supplementary performance of the contractually owed processing / service in the form of removal of the defect free of charge for DoKaSch. DoKaSch grants the supplier the framework necessary to carry out the necessary removal work. Any costs incurred for damage caused by delayed deadlines (e.g. production standstill, etc.) are to be borne by the supplier / service provider.
DoKaSch can refuse to remedy the defect and demand new production or compensation if the removal would involve disproportionate effort.
The regulations under point 13.4. do not apply in the event that the processed parts / rendered services cannot be used as agreed as a result of incorrect advice or breach of secondary obligations. In this case DoKaSch can withdraw directly from the contract and claim damages.
13.5. Processing notes of any kind made by the supplier / service provider including detailed processing documents are the exclusive property of DoKaSch. DoKaSch is entitled to the publication of these documents at any time.
13.6. Processing notes of any kind made by the supplier, including detailed processing documents, are the exclusive property of DoKaSch. DoKaSch is entitled to have these documents handed over at any time.
13.7. The supplier must fully guarantee the following for defects in processing, which also include the lack of guaranteed properties:
a) If there is a defect in the processing, DoKaSch can demand supplementary performance of the contractually owed processing in the form of the elimination of the defect free of charge for DoKaSch. DoKaSch grants the supplier the framework necessary to carry out the necessary removal work. Any costs incurred for damage caused by a delay in delivery (e.g. production downtime etc.) are to be borne by the supplier.
b) DoKaSch can refuse to remedy the defect and demand new production or compensation if the remedy would involve disproportionate effort.
c) If the subsequent performance fails (e.g. serious and final refusal to remedy the defect), DoKaSch can either withdraw from the contract or reduce the processing fee.
d) The provisions of letters a) – c) do not apply in the event that the processed parts cannot be used as agreed due to incorrect advice or the violation of secondary obligations. In this case, DoKaSch can withdraw from the contract directly and claim damages.
13.8. The supplier is fully liable for breaches of contractual and non-contractual obligations.
Unless otherwise agreed, the contractual warranty and liability period is two years from acceptance. The statutory provisions apply to claims based on intent.
DoKaSch will notify defects in writing immediately after they become known.
14. Quality assurance
In line of quality assurance and in accordance with Regulation (EU) No. 748/2012 alone or together with the competent authority DoKaSch is entitled to carry out initial or ongoing investigations at partners and subcontractors to the necessary extent to determine compliance with the relevant requirements from the above-mentioned regulation.
15.1. The supplier / service provider shall meet the applicable requirements of national and international export, customs and foreign trade law for all goods / rendered services and services to be rendered and obtain the necessary export permits unless this is under the applicable foreign trade law not the supplier / service provider but DoKaSch or a third party is obliged to apply for export permits.
15.2. As soon as possible but at the latest before the delivery date, the supplier / service provider shall provide DoKaSch in writing with all information and data (itemised on order confirmation, delivery note and invoice) required by DoKaSch to comply with all foreign trade regulations in case of export and import as well as in case of resale for re-export of the goods and services, in particular for each good/service the following export control and foreign trade data:
- Export Control Classification Number according the U.S. Commerce Control List (ECCN) provided that the product is subject to the U.S. Export Administration Regulations
- all applicable export list numbers
- the statistical commodity code according to the current commodity classification for foreign trade statistics and the HS (Harmonized System) coding,
- country of origin (non-preferential origin) and
- if required by DoKaSch: supplier’s declaration on the preferential origin (in case of European supplier) or preferential certificates (in case of non-European supplier)
15.3. In case of changes in the origin or property of goods or services or changes in the applicable foreign trade regulations the supplier / service provider shall update the export control and foreign trade data as soon as possible but at the latest before the delivery date and communicate such changes in writing. The supplier shall bear all expenses and damages incurred by DoKaSch due to missing or faulty export control and foreign trade data.
The drawings, plans, samples and other documents provided by DoKaSch to the supplier / service provider remain the property of DoKaSch. They shall not be made available to third parties and shall only be used for handling the contract with DoKaSch. After termination of the contract they have to be returned immediately or destroyed with appropriate evidence.
17. Choice of forum agreement
17.1. All legal disputes that are directly or indirectly related to the contract are to be negotiated exclusively in front of the courts which are responsible for Staudt.
17.2. In all cases the contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of all conflict of law’s provisions and the UN Sales Convention (CISG).
18. Severability clause
The business relationship between the supplier / service provider and DoKaSch is exclusively subject to the validity of these terms and conditions. Proof of contrary agreements remains unaffected. Should one or more provisions of this contract be or become ineffective this shall not affect the validity of the other provisions of this contract. The parties are then obliged to replace the ineffective regulation with an effective regulation that corresponds economically as closely as possible to what the parties would have agreed if they had known the ineffectiveness.
Effective: June 2022