Terms of Service
Delivery period and delay
- Delivery Timelines: Delivery periods are established individually. They commence once technical questions are resolved, and the Customer fulfills all cooperation obligations, including providing necessary items and documents timely and meeting payment conditions.
- Delays: If the Customer fails to meet these conditions promptly, the delivery period extends accordingly. Exceptions are made if Dolphin is at fault for the delays.
- Force Majeure: Delivery periods may extend due to unforeseen events beyond Dolphin’s control, like natural disasters, wars, or strikes.
- Notification: If unavailable services/goods delay delivery, Dolphin will inform the Customer and provide updated timelines. If delays persist, Dolphin may partially or fully withdraw from the contract and refund the Customer.
- Partial Deliveries: Dolphin may make partial deliveries unless inconvenient for the Customer.
- Excess or Short Delivery: Dolphin may deliver up to 15% more or less than the ordered quantity.
- Cooperation: If the Customer fails to cooperate, Dolphin may prioritize other orders and extend delivery timelines, seeking compensation for incurred damages unless the Customer is not at fault.
- Compensation Limitation: Compensation for delivery delays is limited to additional freight and upgrade costs.
Delivery, risk transfer, Goods approval, delay of Goods acceptance
- Delivery Method: Goods are delivered ex works (EXW), with options for dispatch at the Customer’s expense.
- Risk Transfer: The risk transfers to the Customer upon dispatch or acceptance of goods.
- Delayed Acceptance: If the Customer delays in accepting goods, Dolphin may charge for storage and other associated costs.
- Defect Claims: The Customer should inspect delivered goods promptly and report any defects. Dolphin will either repair or replace defective goods.
- Exclusions: Claims for defects arising from misuse, improper handling, or alterations by the Customer or third parties are excluded.
Export control
- Compliance: Contract fulfillment is subject to compliance with applicable national and international export control regulations and restrictions.
- Delays: Delays due to export controls or approval processes override specified timelines, unless caused by Dolphin’s actions.
- License Denial: If obtaining necessary licenses is impossible, the contract becomes null for the affected items.
- Obligations: The Customer must adhere to export control regulations and indemnify Dolphin for any violations, including incurred losses and expenses.