info@diaglobal.de 
+49 (0)30 6576 2597
General Terms and Conditions of Delivery and Payment Diaglobal GmbH
1. General information
The contractual relationship between the parties, even if the buyer is domiciled outside Germany, shall be governed solely by the law of the Federal Republic of Germany. These terms of delivery and payment shall apply to all contracts concluded with us, including future contracts, even if we do not expressly refer to them. If the buyer imposes his own conditions, we shall only be bound by these if we agree to them in writing.
2. Placing an orde
Offers made verbally or by remote data transmission are subject to change and shall only become binding upon written confirmation or when the goods and invoice are sent to the purchaser. Deviating agreements shall only apply if they have been confirmed by us in writing. We reserve the right to correct printing errors and mistakes.
3. Prices
Price lists are purely non-binding guide prices plus VAT plus shipping costs. The prices charged are offered as binding, or otherwise shall be the prices valid on the day of delivery in euros (€) plus the VAT applicable on the day of delivery.
4. Shipping costs
For deliveries of goods within Germany, we generally charge a flat-rate shipping fee. If the net value of the goods is less than € 100.00, we charge a flat-rate shipping fee of € 6.50. If the net value of the goods is less than € 500.00, we charge a flat-rate shipping fee of € 9.00. If the net value of goods is € 500.00 or above, we charge a flat-rate shipping fee of € 12.00. If the cus-tomer requests express delivery, costs shall be borne by the customer himself..
5. Resale and area of use
- Our goods may only be resold in their original packaging.
- All deliveries are intended for use in the Federal Republic of Germany. Resale to other countries, especially those outside the EU, requires our review and approval so that the safety regulations for the respective countries and agreements with sales partners, especially those with territorial restrictions and allocations, can be complied with. If, as a result, there are circumstances entailing VAT obligations in connection with our services in the territory of the European Union outside Germany, the customer shall fulfil the VAT obligations for us at his own expense.
- We would like to point out that the export of goods may only take place with prior official author-isation. Information can be obtained from the Federal Office for Trade and Industry. Where appli-cable, declarations of consent must be obtained from the buyer before the goods are dispatched.
- Declarations of consent must be obtained from the buyer before the goods are dispatched.
6. Delivery
- Orders placed with us will be fulfilled as soon as possible. Partial deliveries are permitted. We may withhold our service if the buyer is in default with the fulfilment of existing obligations towards us, regardless of the type and legal relationship.
- Specified delivery times are non-binding unless they are designated as binding. Impairments to delivery times that cannot be prevented with the care of proper business management, e.g. strikes or circumstances for which the customer is responsible, shall extend the delivery period by the period of the impairment. The customer may withdraw from the contract if the impairment lasts for more than 6 weeks. All further reciprocal claims for compensation are excluded in this case.
- Deliveries are made at the buyer’s risk and for the buyer’s account. Delivery shall be made in a manner we deem favourable, but without guarantee of the safest, most cost-effective and fast-est transport. The delivery date refers to the date of dispatch from the warehouse.
- At the customer’s request and expense, we will take out transport insurance in which we are named as the beneficiary.
- Loss or damage during transport must be noted with a complaint by the buyer on the freight receipt and reported immediately in writing to the carrier. Damage or loss during transport does not release the buyer from the obligation to pay the purchase price.
7. Default of acceptance by the buyer
If despatch has not been agreed, the buyer shall be in default of acceptance if he has not collect-ed the goods within one week of notification of completion. We are then entitled to either dis-patch or store them at the buyer’s expense and risk and to invoice for them.
8. Warranty/return
- Our products are manufactured and tested to the best of our knowledge. They can be used in a variety of ways. We have no way of determining whether our products fulfil the buyer’s specific requirements, but we do provide non-binding advice. The buyer must therefore, on his own re-sponsibility, check the goods himself for suitability for each application within his intended areas of use. Any liability on our part is excluded in this respect.
- Properties are only warranted if they are designated as warranted in the contract. Information, descriptions, etc. about the quality of the goods stated verbally or contained in our documents are specifications, but not warranted characteristics.
- Defects or missing warranted characteristics shall be remedied at our discretion by repair or re-placement. If this is not possible or disproportionate, the purchase price will be reduced. Cancella-tion is excluded.
- We are not liable for damage that has not occurred to the delivered goods themselves. In particu-lar, any liability for consequential damages and consequential harm caused by a defect is exclud-ed. Excluded in particular are claims for damages for loss of profit, business interruption, damage of any kind to third parties, loss of information or claims arising from the performance or non-performance of substitute services, as well as claims arising from the utilisation of third parties. Our liability is limited to the amount of the purchase price of the defective product unless it is already excluded. For grossly negligent behaviour, liability shall be limited to compensation for damages foreseeable at the time of conclusion of the contract, unless excluded above.
- If there is a delay in delivery or if performance becomes impossible, any existing claims for com-pensation shall be limited to a maximum of 8% of the value of the delivery item that cannot be used, unless they are already excluded.
- The buyer must inspect the goods immediately. Obvious or recognised defects must be reported to us in writing within one week of receipt of the goods, while hidden defects must be reported immediately after discovery. If the complaint is sent out by the deadline, the deadline provision is met. If no notification is made, the goods shall be deemed to have been approved.
- Complaints must be accompanied by a delivery note or invoice and, if possible, a sample of the defective goods. The assertion of warranty claims does not release the buyer from his obligation to pay.
- Any claims for compensation, including for consequential damages insofar as these are not al-ready excluded, shall lapse within 6 months of delivery of the goods.
- Reagents cannot be returned or exchanged.
9. Terms of payment
- Unless otherwise agreed, payment must be made without any deductions within 30 days of the invoice date.
- Payments must be made free of charges and postage for us.
- Offsetting or the assertion of a right of retention is only possible with legally established, undis-puted or recognised counterclaims. If a new business relationship is entered into or if circumstanc-es arise which give us reason to doubt the creditworthiness of the buyer, we may demand pay-ment in advance without giving reasons or, at our discretion, request payment on delivery or by instalments against a bank guarantee.
10. Retention of title
- We reserve title to the delivered goods until full payment of all claims against the buyer existing at the time of delivery or arising later, regardless of the legal grounds. The buyer must treat goods subject to retention of title with care and insure them at his own expense against fire, water and theft. The purchaser hereby assigns to us in advance all claims arising from the sale of goods subject to retention of title until the cancellation of the retention of title. We accept the assignment. At our request, he must notify the debtors of the assignment.
- Until our claims have been paid in full, the buyer may only resell the goods subject to retention of title..
- Der Käufer kann die anteilige Freigabe der Sicherheiten verlangen, wenn ihr realisierbarer Wert 20 % der zu sichernden Forderungen übersteigt.
- The buyer may demand the pro rata release of the securities if their realisable value exceeds 20% of the claims to be secured. The reserved goods and the claims replacing them may neither be pledged nor assigned or transferred by way of security before our claims have been paid in full. The buyer is obliged to notify us immediately of any impairment of our rights to the reserved goods. The buyer shall bear the costs of interventions.
- We are entitled to demand the return of the reserved goods even without cancelling the contract if the buyer is in default with his obliga-tions to us. Goods subject to retention of title that have been recovered may be resold by us on the open market.
