General Terms and Conditions (GTC) - Dürr Solutions "Miner Purchase" for business customers (B2B)
Part I: General Provisions
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Dürr Solutions GmbH, registered in the commercial register of the Local Court of Hamm under registration number HRB 11144, with business address at Von-Thünen-Str. 10, 59069 Hamm (hereinafter "Dürr Solutions"), represented by the managing director, and its customers (hereinafter "Customer").
(2) For reasons of better readability, the simultaneous use of the masculine, feminine and diverse (m/f/d) language forms is omitted. All personal designations apply equally to all genders.
(3) The version of the GTC valid at the time of the conclusion of the contract, as available on the Dürr Solutions website, is authoritative.
(4) These GTC also apply to future business relationships, even if they are not expressly agreed again.
(5) Individual agreements and details in the order confirmation take precedence over the GTC.
(6) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that Dürr Solutions has expressly agreed to their validity.
(7) Contracts with the Customer are concluded exclusively in the German language. If translations are available in different languages, the German version shall be legally binding.
§ 2 Entrepreneur Status of the Customer
(1) The offer of Dürr Solutions is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity, as well as legal entities under public law and special funds under public law.
(2) The Customer is obliged to verify on his own responsibility, prior to the conclusion of the contract, whether he is an entrepreneur within the meaning of Section 14 BGB. By submitting his inquiry or offer to Dürr Solutions, the Customer declares and warrants that he is an entrepreneur within the meaning of Section 14 BGB and that he concludes the contract exclusively in the exercise of his commercial or self-employed activity, with the intention of generating profit and on a long-term basis.
(3) The Customer is solely responsible for providing Dürr Solutions, on his own initiative, with all evidence necessary or appropriate to document his entrepreneur status (e.g. VAT identification number, entry in the commercial or association register, official permits) completely, correctly and truthfully. Dürr Solutions is under no obligation to request such evidence or to verify its accuracy; any verification is carried out exclusively in Dürr Solutions' own interest and does not establish any duty of protection towards the Customer.
(4) If it transpires that the Customer, contrary to his declaration pursuant to paragraph 2, is not an entrepreneur within the meaning of Section 14 BGB, or that information and evidence provided by him regarding his entrepreneur status was incorrect, incomplete or misleading, the Customer shall be liable to Dürr Solutions for all damages, expenses and disadvantages resulting therefrom, including additional tax burdens, official measures, costs of legal enforcement and costs of adjusting or unwinding the contractual relationship.
(5) The parties are aware that mandatory consumer protection provisions vis-à-vis persons not acting as entrepreneurs remain unaffected by this clause. However, the Customer remains obliged to compensate Dürr Solutions for all damages arising from an incorrect or incomplete declaration of his entrepreneur status, to the extent that intent or negligence is attributable to him.
§ 3 Conclusion of Contract
(1) The presentation or advertising of goods or services on the Dürr Solutions website does not constitute a binding offer to conclude a contract.
(2) Unless expressly agreed otherwise between the contracting parties, a contract is regularly concluded as follows:
a. By placing an inquiry on the Dürr Solutions website, the Customer makes a non-binding offer to purchase the goods in question or to make use of an offered service. Dürr Solutions confirms receipt of an inquiry without delay by e-mail. Such an e-mail does not yet constitute a binding acceptance of the inquiry, unless acceptance is expressly declared therein in addition to the confirmation of receipt.
b. After receipt of the Customer's inquiry, Dürr Solutions submits a non-binding offer to the Customer. This non-binding offer does not constitute a binding declaration of intent aimed at the conclusion of a contract. After the Customer has agreed to the conditions of the non-binding offer, Dürr Solutions prepares an offer on this basis. The offer must be confirmed by the Customer.
c. A contract is only concluded when the order is confirmed by a declaration of acceptance by Dürr Solutions by separate e-mail (order confirmation) or by delivery of the ordered items. In the case of hosting contracts, the receipt of the miner at the hosting site or the start of the deployment is equivalent to delivery. The contract text, consisting of the order, the GTC and the order confirmation of Dürr Solutions, will be provided to the Customer on a durable medium together with the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods.
(3) Inquiries for deliveries abroad are only accepted above a certain minimum order value. The exact minimum order value can be found in the price information on the website or in the offer text of Dürr Solutions.
(4) If the delivery of the goods ordered by the Customer or the provision of the service is not possible, for example because the goods in question are not in stock or the minimum order for the provision of hosting services is not reached, Dürr Solutions will refrain from submitting a binding offer. In this case, no contract is concluded. The Customer will be informed thereof. Any payments already received from the Customer will be refunded by Dürr Solutions.
(5) Customers may also conclude contracts with Dürr Solutions outside the website by offer and acceptance. These GTC also apply to such contracts. Contracts with the Customer are concluded exclusively in the German language. If translations are available in different languages, the German version shall be legally binding.
(6) There is no statutory right of withdrawal, as Dürr Solutions concludes contracts only with entrepreneurs within the meaning of Section 14 (1) BGB.
§ 4 Prices and Shipping Costs
(1) All prices quoted are net prices exclusive of statutory value added tax.
(2) All prices are quoted exclusive of shipping costs. The shipping costs are stated separately to the Customer in the offer or in the order confirmation; where Dürr Solutions organises the shipment, they consist of the freight forwarding fee and the freight, customs and other ancillary costs passed on in accordance with Section 25.
(3) Any customs duties or other costs incurred in connection with international shipments shall be borne by the Customer.
§ 5 Terms of Payment, Offsetting, Right of Retention
(1) Payments can be made by bank transfer or by a transaction with an agreed cryptocurrency. Other cryptocurrencies are not accepted. No processing fee is charged for payments in USD Coin (USDC). For payments in other agreed cryptocurrencies (e.g. Bitcoin), Dürr Solutions charges a processing fee of 0.99% of the payment amount; it covers the additional effort of payment processing and conversion.
(2) Payments by the Customer are due immediately upon invoicing, unless otherwise provided in the respective agreement with the Customer.
(3) If payments are made in cryptocurrencies, the exchange rate relevant for the conversion shall be determined by the last price of the respective cryptocurrency in EUR most recently published by Coinbase at the time the payment is received in the wallet designated by Dürr Solutions. The Customer bears the exchange rate risk until receipt of the payment; any shortfall must be paid without delay. If the aforementioned exchange is not available or if there is insufficient trading volume for the respective cryptocurrency, the reference rate of a comparable, recognised and liquid trading platform, to be determined by mutual agreement between the contracting parties, shall be used as a substitute.
(4) The Customer is only entitled to offset claims that are undisputed or have been finally and bindingly established by a court. The Customer is only entitled to a right of retention to the extent that it is based on the same contractual relationship and relates to substantial services not rendered, or not rendered in accordance with the contract, by Dürr Solutions. The Customer's statutory rights under Section 320 BGB (defence of unperformed contract) remain unaffected.
§ 6 Delivery, Shipping
(1) The deadlines and dates for deliveries and services indicated by Dürr Solutions are always to be regarded as approximate only, unless a fixed deadline or a fixed date has been expressly promised or agreed. If shipment has been agreed, delivery deadlines and delivery dates refer, unless expressly stated otherwise by Dürr Solutions, to the time of handover to the freight forwarder, carrier or other third party commissioned with the transport.
(2) Dürr Solutions is entitled to make partial deliveries and render partial services if these are usable for the Customer within the scope of the contractual purpose, the remaining contractually agreed delivery and service is ensured and the Customer does not incur any significant additional expense as a result.
(3) If delivery is not possible for reasons for which the Customer is responsible and the goods are returned by the transport company, the Customer shall bear the costs of the unsuccessful shipment.
(4) The Customer is obliged to accept the delivery. Acceptance must take place within seven (7) days after the Customer has been notified of the delivery or provision of the goods (advice of dispatch). If the Customer does not accept the goods within this period, he is in default of acceptance. In this case, Dürr Solutions is entitled to charge the additional expenses incurred as a result (in particular storage, demurrage and renewed delivery costs); the Customer remains entitled to prove that no expense, or a significantly lower expense, was incurred. The statutory rights of Dürr Solutions in the event of default of acceptance (Sections 293 et seq. BGB, Section 373 of the German Commercial Code (HGB)) remain unaffected.
(5) Delivery and commencement of performance take place only after receipt of payment in full, unless expressly agreed otherwise.
§ 7 General Warranty
(1) For material defects and defects of title of the delivered items, Dürr Solutions assumes liability in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.
(2) Claims of the Customer based on material defects and defects of title become time-barred twelve (12) months after delivery of the goods. This shortening does not apply to claims for damages of the Customer, in cases of intent or gross negligence, in the event of injury to life, body or health, in the event of fraudulent concealment of a defect, in the event of the assumption of a quality guarantee, to claims under the German Product Liability Act, or in the cases of Section 438 (1) no. 2 BGB and of supplier recourse (Section 445b BGB); in these respects the statutory limitation periods apply. In the event of shipment to the Customer or to a third party designated by him, the goods must be carefully inspected without delay. With regard to obvious defects or other defects that would have been recognisable upon an immediate, careful inspection, the goods are deemed to have been approved by the Customer if Dürr Solutions does not receive a notice of defects in text form within ten (10) working days of delivery. With regard to other defects, the delivered items are deemed to have been approved by the Customer if Dürr Solutions does not receive the notice of defects within ten (10) working days of the point in time at which the defect became apparent; if, however, the defect was already apparent at an earlier point in time during normal use, this earlier point in time is decisive for the start of the notification period.
(3) In addition to the claims for material defects and defects of title pursuant to paragraph 1, there may be guarantees granted by Dürr Solutions or the manufacturers of certain items. The details of the scope of such guarantees result from the respective guarantee conditions, which may be enclosed with the items.
(4) The liability of Dürr Solutions arising from any guarantees remains unaffected.
§ 8 Liability and Limitation of Liability
(1) Dürr Solutions is liable for intent and gross negligence. Furthermore, Dürr Solutions is liable for the negligent breach of obligations whose fulfilment is a prerequisite for the proper execution of the contract in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance the Customer may regularly rely. In the latter case, however, Dürr Solutions is only liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by the vicarious agents of Dürr Solutions.
(2) Liability is excluded for defects caused by the hardware or software used by the Customer, outdated drivers or incorrect operation of the goods.
(3) Upon handover of the goods to the transport company, the risk of accidental loss and accidental deterioration passes to the Customer.
(4) Indirect damage and consequential damage resulting from defects of the goods are only recoverable to the extent that such damage is typically to be expected when the goods are used as intended. This does not apply in the event of intentional or grossly negligent conduct on the part of Dürr Solutions.
(5) The limitations of this Section 8 do not apply to the liability of Dürr Solutions for intentional conduct, for gross negligence of Dürr Solutions, its legal representatives and executive employees, for guaranteed quality features, for injury to life, body or health, or to liability under the German Product Liability Act.
(6) The Customer is expressly advised that Dürr Solutions does not provide any insurance coverage and that the Customer's goods are not covered by any insurance taken out by Dürr Solutions. The Customer is solely responsible for insuring his property against all types of damage.
(7) The above exclusions and limitations of liability apply to the same extent in favour of the corporate bodies, legal representatives, employees and other vicarious agents of Dürr Solutions.
§ 9 Force Majeure
(1) In cases of force majeure, the contracting party affected thereby is released from its obligation to deliver, perform or accept for the duration and to the extent of the impact. Force majeure is any event beyond the control of the respective contracting party which prevents it in whole or in part from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, unexpectedly occurring pandemics or epidemics, failures or rationing of the energy supply, failures of power, network, telecommunications or internet services, sovereign or regulatory interventions including energy, export and sanction measures, the unavailability of the respective blockchain network or protocol, as well as operational disruptions or official orders for which it is not responsible. Supply difficulties and other disruptions of performance on the part of Dürr Solutions' upstream suppliers are only deemed force majeure if the upstream supplier is in turn prevented from rendering the service incumbent upon it by an event pursuant to sentence 1.
(2) The affected contracting party shall notify the other contracting party without delay of the occurrence and the cessation of the force majeure and shall use its best efforts to remedy the force majeure and to limit its effects as far as possible.
§ 10 Prohibition of Assignment
The assignment of claims is only permitted with the prior consent in text form of the other contracting party. Consent may not be unreasonably withheld. The provision of Section 354a HGB remains unaffected.
§ 11 Copyrights
Dürr Solutions is the rights holder or licensee of the rights to all images, films and texts published on its website. Any use, reproduction, distribution or public communication of these materials without prior written consent is prohibited.
§ 12 Data Protection
Dürr Solutions processes personal data of the Customer exclusively within the framework of the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the privacy policy of Dürr Solutions, available at www.cryptohall24.com. It takes into account in particular the data arising in the context of crypto mining and the use of mining pools.
§ 13 Applicable Law
The contractual relations between Dürr Solutions and the Customer are governed exclusively by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
§ 14 Duty of Confidentiality
The parties undertake to treat all contents of this contract and its ancillary provisions - in particular technical details, prices, volume discounts, hosting sites and processes - as confidential. This obligation continues to apply for a period of three (3) years beyond the end of the contract. Excluded therefrom is information that is publicly known or legally required to be disclosed.
§ 15 Place of Jurisdiction
If the Customer is an entrepreneur within the meaning of Section 14 BGB, a merchant, a legal entity under public law or a special fund under public law, or if he has no general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the business relationship between Dürr Solutions and the Customer is the registered office of Dürr Solutions. Dürr Solutions is furthermore entitled to bring an action against the Customer at the Customer's general place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
§ 16 Invalidity of Individual Provisions and Text Form
(1) Should individual provisions of these GTC be or become partially or entirely invalid or unenforceable, the remaining provisions remain unaffected.
(2) Where written form is provided for notifications or declarations, text form or electronic form, in particular e-mail, is sufficient, unless a stricter form is mandatorily prescribed by law.
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Part II: Miner Purchase
§ 17 Miner Purchase
(1) The Customer may purchase the goods (cryptocurrency miner hardware) (hereinafter "Miner") without making use of further services.
(2) Unless otherwise agreed, the purchase price is due for payment without any deduction upon conclusion of the contract ("Customer's obligation of advance payment").
(3) Delivery is made to the place chosen by the Customer. It takes place only after confirmation of receipt of payment.
(4) Unless expressly agreed otherwise, Dürr Solutions determines the appropriate shipping method and the transport company at its reasonable discretion.
§ 18 Commercial Use and Assumption of Risk
(1) By purchasing miners offered by Dürr Solutions, the Customer confirms and declares that these will be used exclusively for commercial purposes and not for private or personal purposes. Section 2 of these GTC remains unaffected.
(2) The economic and technical risk of crypto mining lies with the Customer. This includes in particular changes to the respective blockchain network or protocol (e.g. difficulty adjustments, halvings, forks), the development of the value of the mined cryptocurrencies, and the availability, functionality and settlement of mining pools and other third-party services.
(3) The acquisition of a Miner is the purchase of hardware. Circumstances within the meaning of paragraph 2 do not concern the quality of the Miner within the meaning of Sections 434 et seq. BGB. Taken by themselves, they therefore do not constitute a material defect of the hardware, unless a deviating quality agreement has been made in the individual case. Claims of the Customer for actual hardware defects, in particular production or functional faults of the device, remain unaffected. A specific mining yield, a specific profitability or an economic success of crypto mining is neither promised nor owed and is not the subject matter of the purchase contract.
§ 19 Deviation of Hashrate
(1) Information on the hashrate of a Miner is based on the manufacturer's specifications (nameplate hashrate). The actual hashrate is subject to operational fluctuations. Deviations of up to ten percent (10%) from the agreed hashrate are deemed to be in conformity with the contract and do not constitute a material defect.
(2) Individual model series are delivered by the manufacturer in different performance levels (mixed batches). If no specific hashrate is expressly promised in the offer or in the order confirmation, there is no entitlement to a specific performance level within the model series; in this case, the nameplate hashrate specified by the manufacturer for the specific device delivered is deemed to be agreed. If a hashrate range is specified, its lower value is deemed to be the agreed hashrate. The tolerance pursuant to paragraph 1 refers to the hashrate applicable hereunder.
(3) Decisive for the determination of a deviation is the average hashrate of the Miner over a continuous period of at least three (3) days under operating conditions compliant with the manufacturer's specifications (in particular power supply, cooling and ambient conditions within the manufacturer's specifications, unmodified original firmware and standard settings). The Customer must document the measurement in a comprehensible manner, e.g. by means of device data or pool statistics. Periods in which the device automatically throttles its performance due to ambient conditions (e.g. in the event of increased outside temperature) are disregarded in the measurement.
(4) If the hashrate determined pursuant to paragraph 3 permanently falls short of the agreed hashrate by more than ten percent (10%), the Customer receives a refund in the amount of the percentage deviation in relation to the purchase price of the Miner. Dürr Solutions may avert the refund by providing subsequent performance within a reasonable period (Section 7 (1) in conjunction with Sections 439 et seq. BGB). This refund claim exists in addition to the statutory warranty rights and is contractually limited to the following requirements.
(5) Claims under paragraph 4 exist only for deviations that already existed at the time of the transfer of risk. The Customer must carry out the measurement pursuant to paragraph 3 within four (4) weeks of delivery and give notice of the deviation in accordance with Section 7 (2). If deviations are asserted only later, solely the contractual refund claim under paragraph 4 lapses; the Customer's statutory rights in respect of defects remain unaffected. Subsequent reductions in performance, in particular as a result of operational wear or ageing of the hardware, do not constitute a deviation within the meaning of this provision.
(6) Reductions in performance that are based on circumstances within the meaning of Section 18 (2), on the use of third-party firmware or software, on overclocking or underclocking, on insufficient power or cooling capacity or on other circumstances outside the area of responsibility of Dürr Solutions do not constitute a deviation within the meaning of this provision; Section 8 (2) remains unaffected.
§ 20 Warranty
(1) Section 7 (2) of these GTC applies to the Customer's duty of inspection and notification of defects.
(2) In addition to the claims for material defects and defects of title, there may be guarantees granted by Dürr Solutions or the manufacturers of certain items. The details of the scope of such guarantees result from the respective guarantee conditions, which may be enclosed with the items.
(3) Dürr Solutions expressly advises the Customer that longer processing times may occur in the course of remedying defects under the warranty. Due to processes in the shipping and repair procedure beyond the control of Dürr Solutions (in particular manufacturers' guarantee and RMA procedures), the remedying of defects may regularly take up to sixteen (16) weeks; no binding period for its completion is promised. Claims of the Customer for compensation for damage solely on account of the duration of the remedying of defects are excluded; this does not apply in the event of intent or gross negligence or in the cases of Section 8 (5) of these GTC; Section 8 (1) remains unaffected. Claims under a manufacturer's guarantee must be asserted directly against the manufacturer.
(4) If the Customer wishes to make use of repair or other services outside his statutory warranty rights or his rights under the manufacturer's guarantee, Dürr Solutions will submit a non-binding cost estimate upon request. Such repair and other services are separate services: the costs shall be borne by the Customer in advance; no deadlines or dates for their completion are promised; repairs by manufacturers or other third parties (e.g. in the course of RMA procedures) are beyond the control of Dürr Solutions. Warranty is only assumed for the specific repair service performed and the parts installed in the process, not for the trouble-free operation of the device in other respects.
(5) In the event of a resale of the Miner, claims for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded, unless the last contract in the supply chain is a consumer goods purchase within the meaning of Sections 478, 474 BGB or a consumer contract for the provision of digital products within the meaning of Sections 445c sentence 2, 327 (5), 327u BGB. Claims of the buyer for damages or for reimbursement of futile expenses within the meaning of Section 284 BGB exist, also in the event of defects of the Miners, only in accordance with Sections 7 and 8 of these GTC.
§ 21 Accessories, Components and Spare Parts
(1) The provisions of this Part II apply accordingly to the sale of accessories, components and spare parts, in particular power supplies, control units (controllers), cables, fans, cooling modules and container equipment as well as comparable items.
(2) Section 19 (Deviation of Hashrate) does not apply to accessories, components and spare parts.
(3) Compatibility with devices of other manufacturers or with devices not named in the order confirmation is not owed; the technical specifications of the respective manufacturer are decisive. No warranty is assumed, and liability is excluded, for malfunctions or damage based on the combination with other hardware or software or on improper installation, improper assembly, configuration or handling by the Customer or third parties; Section 8 (2) of these GTC applies accordingly.
(4) Accessories, components and spare parts are subject to increased operational wear in mining operation (continuous load, dust, temperature). Ordinary wear does not constitute a material defect. No specific service life or durability is warranted; the warranty covers only defects that already existed at the time of the transfer of risk. The statutory rules on the burden of demonstration and proof apply, in particular in the case of claims for defects asserted by entrepreneurs. In all other respects, Sections 7 and 8 of these GTC apply, in particular the limitation period of Section 7 (2).
§ 22 Used Devices
(1) Dürr Solutions also sells used and refurbished miners as well as used accessories, components and spare parts (together "Used Devices"). Used Devices are expressly marked as "used" or "refurbished" in the offer.
(2) The sale of Used Devices to entrepreneurs takes place under exclusion of the warranty for material defects and defects of title (Sections 434 et seq. BGB), unless expressly agreed otherwise in text form. The exclusion does not apply in the cases of Section 444 BGB, in particular in the event of fraudulent concealment of a defect or the assumption of a guarantee. Guarantees are not assumed for Used Devices; no specific quality, remaining service life or performance capability is warranted. Section 19 (Deviation of Hashrate) does not apply to Used Devices. Signs of use, ageing and wear correspond to the nature of Used Devices.
(3) The exclusion pursuant to paragraph 2 does not apply to damage resulting from injury to life, body or health, in the event of intent or gross negligence, to claims under the German Product Liability Act, or in the event of fraudulently concealed defects; Section 8 of these GTC remains unaffected.
(4) Upon request, the Customer is given the opportunity to examine Used Devices, or to have them examined, prior to the conclusion of the contract.
§ 23 Service and Project Engineering Items
(1) Service and project engineering items (in particular project engineering, planning, configuration, special commissioning services and consulting) are services for which the proper performance of the agreed activity is owed; a specific economic success is not guaranteed. To the extent that individual services are to be classified as work performances, the Customer's statutory rights in the event of defects of such work performances remain unaffected; Dürr Solutions does not assume any guarantee of success beyond this.
(2) Services rendered in full and accepted by the Customer, or received by him without objection, cannot as a rule be unwound; a refund of the remuneration owed for them is excluded, unless the Customer is entitled to statutory claims, in particular claims for damages. The unwinding of a purchase contract for hardware does not extend to the remuneration attributable to service and project engineering items; claims of the Customer arising from an independent legal ground relating specifically to the service itself remain unaffected.
(3) Paragraphs 1 and 2 do not apply in the event of intent or gross negligence, in the event of injury to life, body or health, or to claims under the German Product Liability Act; Section 8 (5) of these GTC remains unaffected.
§ 24 Retention of Title
(1) The delivered goods remain the property of Dürr Solutions until full payment of the purchase price including value added tax and any shipping costs.
(2) The Customer shall treat the goods subject to retention of title with care and shall insure them at his own expense against fire, water and theft damage sufficiently at replacement value.
(3) If the goods subject to retention of title are seized or exposed to other interventions by third parties, the Customer is obliged, as long as ownership has not yet passed to him, to inform the third party of Dürr Solutions' ownership rights and to notify Dürr Solutions thereof without delay in writing. The Customer is liable to Dürr Solutions for the judicial and extrajudicial costs incurred in this connection, unless the third party is able to reimburse Dürr Solutions for these costs.
§ 25 Shipping and Freight Forwarding Services
(1) The transport of the goods is not part of the main service owed by Dürr Solutions. Dürr Solutions does not offer any independent transport or logistics products. At the Customer's express request, Dürr Solutions organises the shipment of the goods as a freight forwarder within the meaning of Sections 453 et seq. HGB; the shipping costs as well as other ancillary transport costs (e.g. customs duties, levies) are passed on to the Customer without any mark-up.
(2) In addition, the German Freight Forwarders' Standard Terms and Conditions (Allgemeine Deutsche Spediteurbedingungen - ADSp) in their respective current version (ADSp 2017 or their successor) apply to all freight forwarding and transport-related services rendered by Dürr Solutions for the Customer; these are available at https://www.dslv.org/de/adsp. The ADSp are German standard terms; their German version is authoritative. In the event of any conflict between these GTC and the ADSp, the provisions of the ADSp shall prevail for freight forwarding and transport services; in all other respects, these GTC apply supplementarily.
(3) Unless expressly agreed otherwise in text form, the goods are shipped without any transport insurance taken out by Dürr Solutions. As between the Customer and the transport company, the Customer bears the transport risk. The liability of Dürr Solutions as freight forwarder or carrier is governed by the mandatory provisions of transport and freight forwarding law (in particular Sections 407 et seq., 453 et seq., 431, 435 HGB as well as applicable international conventions) and by the ADSp.
(4) Dürr Solutions procures transport or shipment insurance (e.g. an all-risk policy) only if the Customer expressly instructs this in text form before the shipment and bears the premium agreed for this purpose. Without such an instruction, there is no transport insurance cover through Dürr Solutions; any claims of the Customer under a transport insurance taken out by Dürr Solutions are governed exclusively by the terms of the respective insurance contract.
(5) Insofar as Dürr Solutions organises the shipment and is liable for it as freight forwarder or carrier, its liability for loss of or damage to the goods is limited to the statutory maximum liability amounts under Section 431 HGB and the ADSp. Subject to deviating mandatory provisions or individually agreed declarations of value, these currently amount to 8.33 Special Drawing Rights per kilogram of the gross weight of the consignment; according to the current exchange rate this typically corresponds to an amount of approximately EUR 10 per kilogram. Deviating or higher liability limits apply only if they are expressly agreed in text form or provided for in the ADSp (e.g. in the case of increased insurance cover or a declaration of value).
(6) The limitations of liability under paragraph 5 do not apply in the event of intent or gross negligence on the part of Dürr Solutions, its legal representatives or executive employees, in the event of culpable injury to life, body or health, in the event of a breach of material contractual obligations (cardinal obligations) insofar as the occurrence of typically foreseeable damage is concerned, as well as in cases of mandatory liability, in particular under the German Product Liability Act or Section 435 HGB. In these cases, Dürr Solutions is liable in accordance with the statutory provisions; no further exclusion of liability is made in these GTC in this respect.
(7) The remuneration for the freight forwarding services rendered by Dürr Solutions consists of a freight forwarding fee (service flat rate) as well as the freight, customs and other ancillary costs advanced. If Dürr Solutions ships goods in the course of subsequent performance due to a defect for which it is responsible (Section 439 BGB), no freight forwarding fee is charged for this and Dürr Solutions bears the shipping and transport costs incurred. Dürr Solutions is entitled, in further cases, in particular when handling repair, guarantee or RMA processes, to waive the freight forwarding fee and the shipping costs in whole or in part; the Customer has no claim to such a waiver. Dürr Solutions is entitled to demand reasonable advances and to exercise its statutory lien on the goods in its custody in accordance with the ADSp and Sections 464 et seq. HGB.
(8) The provisions of this Section on uninsured shipping (paragraph 3) and on the limitation of liability (paragraphs 5 and 6) also apply to shipments in the course of subsequent performance, repair or guarantee and RMA handling. In these cases too, the risk of accidental loss and accidental deterioration passes to the Customer upon handover to the transport company.
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Status of the GTC: July 2026