Terms & Conditions
Version: 09/2026 – DUO-CONE
I. Scope
These General Terms and Conditions (GTC) apply to all sales and deliveries by DUO-CONE ("Supplier"). The Supplier's GTC apply exclusively; any deviating or additional terms of the customer only apply if expressly confirmed in writing by DUO-CONE, and conflicting terms shall not become part of the contract. These GTC apply only to business customers, legal entities under public law, or public special funds within the meaning of § 310 (1) BGB, and also apply to future business transactions with the contracting party.
II. Conclusion of contract, contractual content
Offers by DUO-CONE are non-binding. The scope, content, and characteristics of the contracted products are determined exclusively by DUO-CONE's contractual documents. The order confirmation from DUO-CONE is decisive; for immediate execution, the invoice or delivery note serves as confirmation, and any objections must be made promptly in writing. After contract conclusion, DUO-CONE reserves the right to make changes to the products, including minor deviations in color, design, dimensions, weight, or quantity.
III. Prices and payment terms
Prices are ex-works from DUO-CONE's premises, plus shipping costs and statutory VAT. For orders over €250 within Germany and Austria, DUO-CONE covers shipping; deliveries to other countries are made to the German border. Payments are due within 20 days of the invoice date, with a 2% discount for payment within 10 days. Late payments place the customer automatically in default and statutory regulations apply; interest may be charged for deferred payments. Offsetting is only permitted with undisputed or legally established counterclaims.
IV. Delivery time, delivery obstacles, delay
Delivery dates are binding only if expressly confirmed as such, and compliance requires timely fulfillment of the customer's cooperation duties. Delivery time is measured from dispatch from DUO-CONE's premises. Delays due to force majeure or unforeseeable events (e.g. strikes, raw material shortages) release DUO-CONE from liability, and DUO-CONE is liable for delays only as permitted by law, subject to Section VIII. The customer's right to withdraw arises only in the case of fixed-date contracts or demonstrable loss of performance interest. Partial deliveries are permitted.
V. Delivery, transfer of risk, customer duties
Except for Euro pallets, packaging is not returned; disposal is the customer's responsibility. Risk passes to the customer upon delivery to the carrier or upon leaving DUO-CONE's premises. If the customer culpably fails to fulfill their obligations, DUO-CONE may claim damages, including any additional costs incurred.
VI. Retention of title
DUO-CONE retains ownership of the goods until full payment is received. The customer may resell the goods in the ordinary course of business but assigns all resulting claims to DUO-CONE. Processing or transformation of the goods is carried out on behalf of DUO-CONE, and in the case of mixing or combining goods with other items, DUO-CONE acquires co-ownership proportional to the invoice value. The customer must handle the reserved goods with care and insure them adequately. DUO-CONE may release collateral if its value exceeds the secured claims by more than 10%.
VII. Product description, warranty
Product descriptions define the characteristics of the goods; claims do not exist for minor deviations. Customers must inspect goods promptly and notify DUO-CONE of defects according to § 377 HGB. DUO-CONE may choose to remedy defects by repair or replacement; if remedy is impossible, the customer may reduce the purchase price or withdraw from the contract. Statutory provisions apply unless otherwise stated in these GTC, and claims for damages due to defects are subject to Section VIII.
VIII. Liability
DUO-CONE is liable according to statutory provisions. Unlimited liability exists in cases of intent, gross negligence, fraudulent concealment of defects, injury to life, body, or health, and where a product guarantee is given. For simple negligence, liability is limited to foreseeable, typical damages from essential contractual obligations. Liability under the Product Liability Act remains unaffected, and liability limitations also apply to employees, representatives, and agents.
IX. Liability for ancillary obligations
Liability for damages arising from pre-contractual advice, instructions, or other ancillary duties is governed by the provisions of Section VIII above.
X. Customer withdrawal
The customer must declare within a reasonable period whether they wish to withdraw or insist on delivery.
XI. Statute of limitations
The standard limitation period for claims is 1 year from delivery; for buildings or building materials, 5 years from delivery (§ 438 (1) No. 2 BGB). Statutory special provisions and product liability remain unaffected.
XII. Assignment of claims
Claims of the customer against DUO-CONE may only be assigned with prior written consent.
XIII. Final provisions
Place of performance is DUO-CONE's premises. For merchants, legal entities under public law, or special funds, jurisdiction is DUO-CONE's premises or, at DUO-CONE's choice, the customer's premises. German law applies exclusively, excluding the UN Sales Convention (CISG). Should any provision be invalid, the remaining provisions remain valid.