General Terms and Conditions

1. Basis of Contract

1.1 The subject matter of the contracts with DINO Dampferzeuger GmbH (hereinafter referred to as the "Seller") and the Customer exclusively concerns the sale of brand-new and used electric steam generators as well as any accessories and service.

1.2 The Seller's offer is directed exclusively at entrepreneurs.

1.3 All contracts that the Customer concludes with the Seller are based exclusively on these General Terms and Conditions. The Customer expressly acknowledges these with its order. Deviating, conflicting or supplementary general terms and conditions of the Customer do not become part of the contract even if the Seller is aware of them, even if the Seller has not expressly objected to them.

1.4 A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.

1.5 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Condition of the Goods and Technical Changes

2.1 The agreed condition of the goods comprises those properties and characteristics stated in the offer, the order confirmation and in the Seller's brochures and catalogues. Other or further-reaching properties and characteristics are deemed part of the agreed condition only if they are expressly agreed. Such an agreement must be recorded in writing.

2.2 Statements by the Seller regarding the condition of the goods constitute a guarantee of condition or durability only if the Seller has expressly designated them as a guarantee of condition or durability.

3. Conclusion of Contract and Information Obligations

3.1 The presentation of the goods, in particular on the internet, does not yet constitute a binding offer by the Seller.

3.2 The Customer has the option of ordering by telephone, email, or via the contact form on the Seller's website.

3.3 In the case of an order by telephone, the Customer submits its binding order by telephone. The Seller may accept the Customer's offer by written order confirmation. The contract is concluded by the Seller's written order confirmation. If the order confirmation contains additions, restrictions or other changes, the contract is deemed concluded if the Customer does not object to it in writing within 2 days. Payment of the purchase price is equivalent to acceptance.

3.4 When ordering via the contact form on the Seller's website or by email, the Customer submits a binding order by sending the message. The Seller may likewise accept the Customer's offer by written order confirmation. The contract is concluded by the Seller's written order confirmation. If the order confirmation contains additions, restrictions or other changes, the contract is deemed concluded if the Customer does not object to it in writing within 2 days. Payment of the purchase price is equivalent to acceptance.

3.5 After submitting its order, the Customer no longer has the option to change its order, unless the Seller expressly agrees or the Customer objects to an order confirmation that does not correspond to the order. Before submitting its order, in the case of an order by contact form or email, the Customer can change it before sending it by using the browser's "back" button or by deleting the not-yet-sent email.

3.6 The text of the contract concluded between the Seller and the Customer in each case is stored by the Seller. The text of the contract is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions on this page at any time. The order data, as well as the General Terms and Conditions, are sent to the Customer with the order confirmation. After completion of the order, the text of the contract is, for security reasons, no longer accessible via the internet.

3.7 The language of the contract is German and English.

4. Delivery

4.1 Delivery is made ex warehouse or ex works, unless otherwise agreed in writing.

4.2 If the Seller incurs additional shipping costs as a result of an incorrect delivery address or an incorrect addressee being given, these costs are to be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information.

4.3 Deliveries are made only within the Federal Republic of Germany and into the European Union. Deliveries outside the European Union are made only by arrangement.

4.4 The Seller is entitled to make partial deliveries, insofar as this is reasonable for the Customer.

4.5 Shipment from the Seller's own stock or from third-party stock is carried out at the Customer's expense, in accordance with the Customer's shipping instructions given in the order. Insurance of the goods against transport damage is arranged only at the express request and expense of the Customer.

4.6 The risk of loss or damage to the goods passes to the Customer in every case at the point in time at which the Seller hands over the goods to a forwarding agent or carrier, but at the latest upon leaving the warehouse/works.

4.7 The commencement of the delivery period stated by the Seller presupposes the clarification of all technical questions and is non-binding, unless a commercial transaction for delivery by a fixed date (kaufmännisches Fixgeschäft) has been expressly agreed. The delivery date refers to dispatch ex works or ex warehouse. Timely self-supply remains reserved, in the event that, despite a congruent covering transaction, delivery fails to occur or is delayed through no fault of the Seller.

5. Terms of Payment

5.1 The purchase price becomes due immediately upon conclusion of the contract. Payments by the Customer are to be made net cash within 8 days of the invoice date. A payment is deemed to have been made only once the Seller can finally dispose of the amount. For new customers, the purchase price is, as a rule, to be paid in advance, unless otherwise agreed. By accepting cheques, the Seller assumes no obligation whatsoever with regard to protest or timely presentation. All charges or other costs arising from the collection of cheques are borne by the Customer.

5.2 All shipping costs, in particular packaging, transport costs and deliveries, are, unless otherwise agreed, at the Customer's expense.

5.3 In the event of default in payment, the Customer is obliged to pay default interest to the Seller in the amount of 9 percentage points above the base rate (Basiszinssatz).

5.4 Irrespective of 5.3, the Seller remains free to prove a higher default loss as well as any other loss.

5.5 The Seller reserves the right, in the case of contracts with an agreed delivery period of more than four months, to increase the prices in line with cost increases that have occurred, in particular due to collective wage agreements or increases in material prices. If the increase amounts to more than 5% of the agreed price, the Customer is entitled to a right of withdrawal.

6. Retention of Title

6.1 The Seller retains title to the delivered item until full payment of all claims (including all — even not yet acknowledged — balance claims from current account) arising from the delivery contract. The Seller is entitled to take back the purchased item if the Customer acts in breach of contract.

6.2 As long as title has not yet passed to the Customer, the Customer is obliged to treat the purchased item with care. In particular, the Customer is obliged, at its own expense, to insure it adequately at replacement value against theft, fire and water damage. If maintenance and inspection work needs to be carried out, the Customer must carry it out in good time at its own expense. As long as title has not yet passed, the Customer must notify the Seller immediately in writing if the delivered item is seized or subjected to other interference by third parties. Insofar as the third party is not able to reimburse the Seller for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO (German Code of Civil Procedure), the Customer is liable for the resulting loss incurred by the Seller.

6.3 The Customer is entitled to resell the goods subject to retention of title in the normal course of business. The Customer already now assigns to the Seller the claims of the purchaser arising from the resale of the goods subject to retention of title, in the amount of the final invoice amount agreed with the Seller (including VAT). This assignment applies irrespective of whether the purchased item has been resold without or after processing. The Customer remains authorised to collect the claim even after the assignment. The Seller's authority to collect the claim itself remains unaffected by this. The Seller, however, may not collect the claim itself, as long as the Customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or a suspension of payments exists.

6.4 Processing or transformation of the purchased item by the Customer is carried out at all times in the name of and on behalf of the Seller. In this case, the Customer's expectant right (Anwartschaftsrecht) to the purchased item continues in the transformed item. If the purchased item is processed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in the ratio of the objective value of the Seller's purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the Customer's item is to be regarded as the main item, it is deemed agreed that the Customer transfers proportionate co-ownership to the Seller and keeps the sole ownership or co-ownership thus created in safekeeping for the Seller. To secure the Seller's claims against the Customer, the Customer also assigns to the Seller such claims as accrue to it against a third party through the connection of the goods subject to retention of title with a plot of land; the Seller accepts this assignment already now.

6.5 The Seller undertakes, at the Customer's request, to release the security to which it is entitled, insofar as its value exceeds the claims to be secured by more than 20%.

7. Warranty

7.1 With regard to the warranty, the statutory provisions apply, insofar as nothing to the contrary has been agreed in 7.2 - 7.3.

7.2 For brand-new items, the limitation period for claims arising from liability for material defects is 12 months from handover of the item. For used items, a warranty is excluded. The shortened warranty period does not apply to damage attributable to the Seller through culpable injury to life, body or health, and to damage caused by gross negligence or intent, or in the event of fraudulent intent (Arglist) on the part of the Seller, as well as to claims pursuant to Sections 478, 479 BGB (German Civil Code).

7.3 For merchants, the legal provisions and the obligations to inspect and give notice of defects under the HGB (German Commercial Code) apply. Recognisable defects must be notified in writing without undue delay, at the latest within 10 working days after delivery (dispatch is sufficient). The notice of defects must be sent to the Seller by fax or email on the same day as its postal dispatch.

8. Limitation of Liability

8.1 With the exception of injury to life, body and health, and the breach of material contractual obligations (cardinal obligations), the Seller is liable only for damage attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damage, in particular loss of profit. A material contractual obligation is one the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the contracting partner regularly relies and may rely.

8.2 Except in the case of intentional or grossly negligent conduct or damage from injury to life, body and health and the breach of material contractual obligations (cardinal obligations), liability is limited to the damage typically foreseeable at the conclusion of the contract, and otherwise, in amount, to the average damage typical for the contract. This also applies to indirect consequential damage, in particular loss of profit.

8.3 The limitation of liability under paragraphs 1 and 2 applies correspondingly also for the benefit of the Seller's employees and vicarious agents.

8.4 Claims for liability under the Product Liability Act (Produkthaftungsgesetz) remain unaffected.

9. Final Provisions

9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the Customer has its habitual residence or registered office remain unaffected.

9.2 The place of performance is the Seller's registered office.

9.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction within Germany, or relocates its domicile abroad after conclusion of the contract, or its domicile is not known at the time the action is brought, the place of jurisdiction is the Seller's registered office.

9.4 Should individual provisions of this contract be invalid or contrary to statutory provisions, this shall not affect the remainder of the contract.