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LEGAL NOTICE

Legal information

Company and contact information for Daniel [D] Industriemotoren.

Daniel [D] Industriemotoren

Proprietor / Responsible person:
Daniel Dabbagh

Address:
Eichendorffstrasse 66
71665 Vaihingen an der Enz
Germany

Contact:
Telefon: +49 171 6433173
E-Mail: info@danield-online.com

Company information

VAT identification number:
DE255224776

Website:
www.danield-online.com

Responsible for content:
Daniel Dabbagh

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GENERAL TERMS AND CONDITIONS

General Terms and Conditions – Daniel D Industriemotoren

Version: January 2025
I. General Provisions – Conclusion of Contract
  1. These General Terms and Conditions apply to all deliveries and services provided by Daniel D Industriemotoren unless otherwise agreed in writing. Any conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if they are not expressly rejected.
  2. Unless otherwise specifically agreed, the contract is concluded when the customer submits an order.
  3. All proprietary rights and copyrights in quotations, drawings and technical documents remain reserved. Reproduction or disclosure to third parties requires prior consent.
II. Prices and Payment
  1. Unless otherwise agreed, prices are ex works including loading, but excluding packaging, unloading and cash discounts, plus statutory VAT.
  2. Payments are due without deduction within 14 days from the invoice date.
  3. Rights of retention or set-off may only be exercised on the basis of counterclaims that are undisputed or have been finally established by a court.
III. Delivery and Delivery Period
  1. The delivery period begins on the date of the order.
  2. The delivery period shall be deemed met if the goods have left the works or are ready for collection before the period expires.
  3. Delivery periods and dates are generally non-binding unless expressly confirmed as binding in writing.
  4. Force majeure, other circumstances beyond our control and delays by upstream suppliers shall extend the delivery period by an appropriate amount of time.
  5. If acceptance or payment is delayed by more than four weeks, the contract may be rescinded and/or damages may be claimed after expiry of an additional 14-day period. The previously used version of the Terms and Conditions provides for lump-sum compensation of 15% of the sales price, subject to proof of higher or lower actual loss.
  6. Reasonable partial deliveries are permitted.
IV. Retention of Title
  1. The delivered goods remain the property of Daniel D Industriemotoren until all claims arising from the contract have been paid in full.
  2. If the goods are processed or combined with other items, co-ownership shall arise in proportion to the value of the goods.
  3. Resale in the ordinary course of business is permitted; any resulting receivables are assigned in advance.
  4. Any seizure or other intervention by third parties must be reported without delay.
V. Warranty for Defects
  1. Warranty is provided for the agreed condition of the goods. Defective parts will, at our discretion, be repaired or replaced.
  2. Defects must be reported in writing without delay, and a reasonable opportunity for inspection and rectification must be provided.
  3. In particular, the warranty excludes damage resulting from improper storage, use or installation, normal wear and tear, unauthorised parts, unauthorised modifications, or failure to comply with maintenance and installation instructions.
  4. If a defect claim is unjustified, the customer shall bear the costs incurred as a result.
VI. Intellectual Property Rights (Defects in Title)
  1. In the event of an infringement of intellectual property rights in Germany, the customer shall be granted a right of use or the supplied item shall be modified so that the infringement ceases.
  2. If this is not possible, the parties may withdraw from the contract in accordance with these Terms and Conditions.
VII. Liability
  1. Liability is governed by the version of the Terms and Conditions used to date and by the applicable statutory provisions.
  2. The previous version contains, in particular, provisions concerning intent, gross negligence, injury to life, limb or health, as well as indirect and consequential damages.
VIII. Engineering and Planning Services
  1. For engineering and planning assignments, planning services are provided for energy systems such as CHP plants, emergency generator sets and large-scale energy storage systems.
  2. No guarantee is given that permits will be granted or that particular economic results will be achieved.
IX. Governing Law and Place of Jurisdiction
  1. German law shall apply.
  2. Under the previously used version of the Terms and Conditions, the place of jurisdiction is Vaihingen an der Enz where the customer is a merchant or a legal entity under public law.
  3. The remaining provisions shall remain in force if any individual provision is invalid.
Note: The content has been structured on the basis of the Terms and Conditions used to date. Before making substantive revisions or introducing stricter provisions – particularly regarding liability, warranty, jurisdiction and online-shop transactions – the wording should be reviewed by qualified German legal counsel.
Download the existing German Terms & Conditions as PDF →