General Terms and Conditions (T&C) of DM-Schmierstoffservice GmbH
Georg-Wimmer-Ring 8, 85604 Zorneding
These Terms and Conditions refer to the website www.schmierstoffe-online.com operated by the company DM-Schmierstoffservice GmbH, Georg-Wimmer-Ring 8, 85604 Zorneding. Any other websites of the same company may contain different Terms and Conditions.
All business relations with DM-Schmierstoffservice GmbH shall be exclusively subject to these Terms and Conditions. There shall be no other Terms and Conditions forming part of the contract, even though DM-Schmierstoffservice GmbH may not explicitly have objected to such Terms and Conditions.
The customer acknowledges the General Terms and Conditions when placing an order.
2 Conclusion of a Contract
All quotes of DM-Schmierstoffservice GmbH shall be non-binding and subject to the availability of the product.
Verbal side agreements shall only be valid if confirmed by DM-Schmierstoffservice GmbH in writing (letter, fax, email).
The purchase contract shall come into effect at the time of acceptance of the order by DM-Schmierstoffservice GmbH. If the customer places an order online, DM-Schmierstoffservice GmbH shall immediately confirm receipt of the order by electronic means. Such confirmation of receipt shall not be deemed an acceptance of the contract.
All information regarding delivery times shall be non-binding except for the unusual event that a delivery date has been guaranteed. The delivery is carried out by suppliers or forwarding agents, and the time of transfer of risk shall be the time of hand-over of the goods to the forwarding agent or supplier.
All prices quoted are exclusive of value added tax, which shall be calculated at the current rate unless otherwise agreed. The purchase prices are due immediately. Payments must be made in net cash without discounts. Any terms of credit granted or implemented by DM-Schmierstoffservice GmbH may be withdrawn by DM-Schmierstoffservice GmbH provided that appropriate notice is given.
The customer shall only be permitted to offset undisputed or legally effective claims. There shall be no right of retention with respect to the purchase price.
DM-Schmierstoffservice GmbH is a commercial enterprise for lubricants of all kinds selling and distributing the finished products of various manufacturers. DM-Schmierstoffservice GmbH has no influence whatsoever on the product quality or any promised features of the products and shall hereby exclude any product liability. In the event of warranty or damage claims, the customer must approach the manufacturer directly.
The customer shall be self-responsible in relation with the application and use of the products. DM-Schmierstoffservice GmbH assumes no liability in the regard. Upon request, DM-Schmierstoffservice GmbH shall provide the customer with the product description and safety data sheets provided by the manufacturers.
The obligation of appropriate waste oil disposal shall hereby be emphasised, DM-Schmierstoffservice GmbH is happy to offer respective advice.
6 Reservation of Ownership
Until such time that all receivables in relation with the account are fully paid pursuant to § 4 of these T&C, the goods delivered shall remain the property of DM-Schmierstoffservice GmbH.
DM-Schmierstoffservice GmbH shall only be liable for damage compensation in the event of wilful or grossly negligent behaviour of its organs or agents – notwithstanding all other claims of the customer relating to the same state of affairs. DM-Schmierstoffservice GmbH shall hereby exclude any liability for the accuracy of information provided on the website schmierstoffe-online.com. DM-Schmierstoffservice GmbH shall endeavour to apply diligence and care when providing the respective information, particularly in relation with any approvals and standards. However, errors cannot be fully excluded.
8 Closing Provision/Jurisdiction/Choice of Law
If any of the provisions of these T&C are determined to be invalid or unlawful, all other provisions of these T&C shall continue in effect. The invalid provision shall be replaced with a valid provision as to effect the economic intent of the invalid provision as closely as possible.
The jurisdiction shall be the place of business of DM-Schmierstoffservice GmbH and the competent court. The German law shall be applicable with the exclusion of the International Law on the Sale of Goods.
9 Release of Information
All information contained in this website shall be subject to copyright. The rights are vested with the founder of DM-Schmierstoffservice GmbH. Any text excerpts, including digital texts, may only be published if reference is made to the source. The further processing and use for media of any kind shall only be permitted with our explicit prior written approval.
© 2018 DM-SCHMIERSTOFFSERVICE GMBH. ALL RIGHTS RESERVED.