Certain provisions of these terms apply only to a specific group of customers. Such provisions are marked by a notice in bold at the beginning of the respective paragraph. Paragraphs without such a notice apply to all customers.

§ 1 Scope, Contracting Parties, Customer Groups

(1) These General Terms and Conditions apply to all contracts for the delivery of goods and the provision of related services concluded between DEXDO GmbH, Winchester Straße 2, 35394 Gießen, registered in the commercial register of the Local Court of Gießen under HRB 9240, represented by its Managing Director Yilin Wang (hereinafter "we" or "DEXDO"), and you as the customer. This applies to orders placed via the online shop at dexdo-online.de as well as to contracts concluded on the basis of an individual offer from us.

(2) Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding the legal transaction, is acting in the exercise of its commercial or independent professional activity (§ 14 BGB). Merchant is anyone who is a merchant within the meaning of the German Commercial Code; not every entrepreneur is also a merchant.

(3) The version of these terms and conditions in force at the time of the order is decisive. We store the text applicable to your order and make it available to you with the order confirmation.

(4) This provision applies only if you are a business customer. Any conflicting, deviating or supplementary terms and conditions of yours shall not become part of the contract, even if we do not expressly object to them and even if we deliver without reservation in knowledge of your terms. Your terms shall apply only insofar as we have agreed to their validity in text form in the individual case.

(5) Individual agreements made with you in a specific case take precedence over these terms (§ 305b BGB).

(6) The contract is concluded in German. Translations of these terms and conditions are provided for your information only; the German version is authoritative.

§ 2 Conclusion of Contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to you to place an order.

(2) By clicking the button that completes the order process, you submit a binding offer to purchase the goods contained in the shopping cart. Before submitting, you can correct your entries at any time and cancel the process.

(3) After receipt of your order, we will send you an automatic confirmation of receipt by e-mail. This confirmation only documents that your order has been received by us and does not yet constitute acceptance of your offer.

(4) The contract is concluded when we accept your offer within five working days of receipt of the order. Acceptance takes place through an express order confirmation in text form, through dispatch of the goods or through collection of the purchase price. If we do not accept your offer within this period, you are no longer bound by your offer; we will refund any payments already made without undue delay and without the need for a request.

(5) For systems, special designs and project solutions marked "price on request", a contract is concluded exclusively via an individual quotation from us and its acceptance. Unless stated otherwise therein, our quotations are valid for 14 days from the quotation date and otherwise non-binding.

(6) If the content of our order confirmation deviates from your order, we will point this out to you separately; in this case, the contract is only concluded when you agree to the deviation.

(7) We store the text of the contract. We will send you the order data and these terms and conditions by e-mail; after completion of the order, they can also be accessed via your customer account.

§ 3 Prices, shipping costs, customs duties, price adjustment

(1) The prices stated at the time of the order apply. The total price relevant to your order, including statutory VAT and all shipping costs, will be shown to you separately in the shopping cart and in the order summary before you place the order.

(2) This provision applies only if you are a business customer. Our prices are net prices plus the applicable statutory value added tax and plus packaging, freight and insurance.

(3) Shipping costs within Germany, to Austria, Switzerland and Luxembourg are 4,60 euros per order and to the other countries of the European Union 9,99 euros per order. For goods that cannot be shipped as a parcel due to their weight or dimensions, we state the shipping costs on a per-item basis or agree them with you separately.

(4) For deliveries to countries outside the European Union, in particular to Switzerland and the United Kingdom, additional customs duties, import VAT, excise duties and clearance fees may apply. These costs are borne by you; they are not remitted by us to the competent authorities. For intra-Community deliveries to business customers, VAT-exempt invoicing requires that you provide us with your valid VAT identification number before the invoice is issued.

(5) For systems that cannot be shipped as a parcel, we agree the delivery terms and the costs for transport, installation and commissioning separately in the quotation. Insofar as we use delivery clauses, they are to be interpreted in accordance with the Incoterms 2020 in the version valid at the time the contract is concluded.

(6) The agreed prices are fixed for deliveries within four months of the conclusion of the contract. If a delivery date is agreed that is later than four months after the conclusion of the contract, we are entitled to adjust the price if our purchase, energy, customs or freight costs for the goods concerned change after the conclusion of the contract. The adjustment is made in the same proportion in which these costs have changed and is limited to passing them on; it does not involve an increase in our profit margin. We will pass on cost reductions to you in the same way. At your request, we will provide evidence of the calculation. If the price increases by more than 5 percent, you may withdraw from the contract within 14 days of receiving our notification; we will refund any payments already made without undue delay.

§ 4 Payment, Default, Set-Off

(1) Unless otherwise agreed, payment is made in advance by bank transfer. We will provide you with our bank details in the order confirmation. Please state the order or invoice number as the payment reference so that we can allocate your payment.

(2) The purchase price is due for payment upon conclusion of the contract, unless a payment term or a down payment has been agreed. If a payment term has been agreed, the invoice is due for payment without deduction within 14 days of receipt. We ship the goods after full receipt of payment in our account, unless otherwise agreed.

(3) This provision applies only if you are a business customer. For systems and project orders, we may require a down payment of up to 30 percent of the net order value upon conclusion of the contract and payment of the remaining amount before readiness for shipment. We will inform you of the payment schedule before the contract is concluded; it results from the quotation and the order confirmation.

(4) If you default on payment, you owe default interest at the statutory rate (§ 288 BGB). If you are an entrepreneur, we may additionally claim the statutory lump sum of 40 euros pursuant to § 288 (5) BGB; it will be credited against any damages owed insofar as these consist of costs of legal enforcement. The assertion of further, specifically proven damage caused by default remains unaffected.

(5) For the second and each subsequent written reminder after default has occurred, we charge a flat fee of 2.50 euros to cover our postage and material costs. You may demonstrate that no damage was incurred at all or that it is substantially lower than this flat fee; in that case, the flat fee does not apply or is to be reduced accordingly. Any flat fee charged will be credited against any specifically proven damage caused by default.

(6) You may only set off counterclaims that are undisputed or have been established with legal finality.

(7) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship. Your right to refuse payment in the event of defective performance pursuant to Section 320 of the German Civil Code (BGB) remains unaffected.

(8) This provision applies only if you are a business customer. If, after conclusion of the contract, we become aware of circumstances that significantly jeopardize our claim to payment, in particular a material deterioration of your financial situation, a suspension of payments or an application to open insolvency proceedings over your assets, we are entitled to carry out outstanding deliveries only against advance payment or the provision of security. If you do not comply with a justified demand for advance payment or security within a reasonable period set by us, we may withdraw from the contract.

§ 5 Delivery, delivery periods, force majeure

(1) We deliver to the countries selectable during the ordering process. Delivery to parcel stations (Packstationen) is not possible.

(2) Delivery periods are stated in the product description, our offer, or our order confirmation. They begin on the day after the conclusion of the contract or, where advance payment or a down payment has been agreed, on the day after its receipt in our account. For systems and custom versions, lead times are regularly several weeks for production reasons; we will inform you of the period applicable to your order before the contract is concluded.

(3) Stated delivery periods are estimated periods unless they are expressly designated as binding. If it becomes apparent that we will exceed a stated period by more than ten working days, we will inform you immediately in text form and give you a new estimated date. Your statutory rights in the event of delayed delivery, in particular the right to withdraw from the contract after setting a deadline, remain unaffected.

(4) Partial deliveries are permissible insofar as they are reasonable for you, the delivered partial quantity is usable for you within the scope of the contractually intended purpose and you do not incur any additional costs as a result. We will deliver outstanding items subsequently free of shipping costs.

(5) Events of force majeure that make delivery substantially more difficult or impossible for us extend the delivery period by the duration of the impediment plus a reasonable start-up time. Force majeure includes in particular natural disasters, war, riots, governmental measures, epidemics, energy and raw material shortages, closure of transport routes and ports, industrial disputes, and unforeseeable operational disruptions at our company or our suppliers. We will inform you without undue delay of the beginning and expected end of the impediment. If the impediment lasts longer than six weeks, both parties are entitled to withdraw from the contract; we will refund any payments already made without undue delay.

(6) This provision applies only if you are a business customer. If, despite a congruent procurement transaction concluded before the conclusion of the contract, we are not supplied by our upstream supplier, or are not supplied correctly or on time, and we are not responsible for this, we may withdraw from the contract. We will inform you of the unavailability without undue delay and refund any payments already made without undue delay. Further claims remain unaffected insofar as we are at fault.

(7) This provision applies only if you are a consumer. If the ordered goods are not available because our supplier fails to deliver to us despite a contractual obligation, we may withdraw from the contract. We will inform you without delay and refund any payments already made without delay. Your statutory claims remain unaffected.

(8) This provision applies only if you are a business customer. If you do not accept the goods at the agreed time or if the handover is delayed for reasons for which you are responsible, we are entitled to store the goods at your expense and risk and to charge storage costs from the 15th day after notification of readiness for dispatch at 0,5 percent of the net invoice value per month or part thereof, up to a maximum of 5 percent in total. You may prove that we have suffered no damage or significantly less damage; we remain entitled to claim higher damage actually proven.

§ 6 Shipping, delivery, transfer of risk

(1) Unless otherwise agreed, shipping is from our warehouse to the delivery address you have specified. Freight forwarder deliveries are made to the curbside of the specified property. You are responsible for unloading, transport to the installation site, suitable access, and suitable lifting and transport equipment, unless we have expressly assumed these services. We will announce the delivery in advance; please ensure that a person authorized to accept the delivery is available at the agreed time.

(2) This provision applies only if you are a consumer. The risk of accidental loss and accidental deterioration of the goods passes to you only upon handover of the goods to you or to a person designated by you to receive them. This also applies if we ship the goods. This does not apply only if you yourself have commissioned the carrier, the freight forwarder or another person designated to carry out the shipment and we have not previously named this person to you (Section 475 (2) BGB).

(3) This provision applies only if you are a business customer. The risk of accidental loss and accidental deterioration of the goods passes to you upon handover to the carrier, the freight forwarder or the person otherwise designated to carry out the shipment, or, in the case of collection, upon provision of the goods. If shipment or handover is delayed due to a circumstance for which you are responsible, the risk passes on the day on which we have notified you that the goods are ready for shipment. We will only take out transport insurance at your express request and at your expense.

(4) Externally visible transport damage and shortfalls should be noted on the consignment note or delivery receipt upon delivery. If you are an entrepreneur, you are obliged to notify us of transport damage without undue delay, at the latest within seven calendar days of delivery, in text form; Section 377 HGB remains unaffected. If you are a consumer, such notification is not a prerequisite for your statutory rights; if it is not made, you will not suffer any disadvantage. We nevertheless ask you to notify us in this case so that we can preserve our claims against the carrier.

§ 7 Installation, Commissioning, Cooperation

(1) We owe installation, connection, commissioning and instruction only insofar as this has been expressly agreed. The scope of these services results from the offer and the order confirmation.

(2) If installation or commissioning by us has been agreed, you shall provide the on-site prerequisites in good time and at your own expense. These include in particular a load-bearing, level installation site, the electrical connection with the connection values specified in the operating manual, the cooling water and compressed air supply, suitable extraction or exhaust air routing, and free access to the installation site. Compliance with the building, occupational safety and emission control regulations applicable at the installation site is your responsibility.

(3) This provision applies only if you are a business customer. If installation or commissioning is delayed because the on-site requirements are not in place at the agreed date or because you fail to perform an act of cooperation, you shall bear the resulting additional costs, in particular waiting times, additional travel to and from the site and accommodation costs of our personnel, in accordance with our service rates applicable at the time. We will provide you with detailed evidence of these costs.

(4) The operation of our systems requires trained personnel. The supplied operating manuals and safety instructions must be observed. We expressly point out that melting and casting metals can pose considerable dangers from heat, metal splashes, electrical energy and, in particular, from moisture in the melting material or in the crucible.

§ 8 Retention of Title

(1) The delivered goods remain our property until the purchase price has been paid in full.

(2) Paragraphs 3 to 7 apply only if you are an entrepreneur.

(3) The goods remain our property until all claims to which we are entitled against you from the ongoing business relationship have been satisfied. Claims of companies affiliated with us are not included.

(4) You are entitled to resell, process, or install the goods subject to retention of title in the ordinary course of business as long as you are not in default of payment towards us. Pledging or transfer by way of security is not permitted.

(5) You hereby assign to us the claims arising from a resale of the goods subject to retention of title in the amount of our respective invoice amount including value added tax; we accept the assignment. You remain authorized to collect these claims. We will not disclose the assignment and will not revoke the collection authorization as long as you meet your payment obligations to us, no application for the opening of insolvency proceedings has been filed and there is no suspension of payments. Section 354a of the German Commercial Code (HGB) remains unaffected.

(6) If you process or combine the goods subject to retention of title with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other processed or combined items at the time of processing. You shall hold the co-owned or solely owned property in safe custody for us free of charge.

(7) If the realizable value of the securities granted to us exceeds our secured claims by more than 10 percent, we will release securities of our choice to a corresponding extent at your request. You must notify us immediately of seizures and other third-party access to the goods subject to retention of title and insure the goods subject to retention of title at your own expense against fire, water and theft damage at replacement value; you assign to us your claims against the insurer in the amount of our secured claim.

Section 9 Liability for defects, duty to inspect and give notice of defects

(1) The statutory provisions on liability for defects apply unless otherwise provided below.

(2) This provision applies only if you are a consumer. The limitation period for claims for defects is two years from delivery of the goods. You have the statutory right to choose between repair and replacement. Before carrying out any subsequent performance, we will inform you separately of this right of choice and of the fact that in the case of repair the limitation period is extended once by twelve months (Sections 475 (4), 475e (5) BGB). No shortening of the limitation period for used goods arises from these terms and conditions; it only comes about if we have specifically informed you of this before you submitted your contractual declaration and the shortening has been expressly and separately agreed (Section 476 (2) BGB).

(3) This provision applies only if you are a business customer. The limitation period for claims for defects is one year from delivery of the goods; for used goods likewise one year from delivery. We choose the type of subsequent performance; in doing so we give appropriate consideration to your legitimate interests. If subsequent performance fails, you are entitled to your statutory rights.

(4) The following are exempt from the limitation in paragraph 3 and remain unaffected to the extent provided by law:

a) Claims for damages arising from injury to life, body, or health;
b) Claims based on an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents;
c) claims in the event of fraudulent concealment of a defect (Section 438 (3) BGB);
d) Claims insofar as we have assumed a guarantee for the quality or durability of the goods or a procurement risk;
e) recourse claims pursuant to Sections 445a, 445b of the German Civil Code (BGB);
f) claims under the German Product Liability Act;
g) claims due to a defect in a building or in an item that has been used for a building in accordance with its customary use and has caused its defectiveness.

(5) This provision applies only if you are a merchant. Section 377 of the German Commercial Code (HGB) applies. You must notify us of obvious defects in text form within seven working days of delivery, and of hidden defects without undue delay after their discovery. Timely dispatch of the notification is sufficient.

(6) In the case of justified notices of defects, we bear the expenses necessary for the purpose of subsequent performance. If you are an entrepreneur, this does not apply to additional expenses arising from the goods having been moved after delivery to a place other than the originally agreed place of destination, unless the relocation corresponds to their intended use.

(7) If, after a notice of defects, it turns out that no defect existed and you could have recognized this, we may towards business customers charge the expenses incurred according to our service rates applicable at the time. We will provide detailed proof of the expenses.

Section 10 Quality, Wear Parts, Operating Conditions

(1) The owed quality results from the item description, our offer and the order confirmation. Information on performance data, melting capacity, heat-up and cycle times as well as service life refers to the reference conditions and input materials specified in the operating manual.

(2) Customary and technically unavoidable deviations in dimensions, weights, color shades and workmanship that do not impair function are deemed to be in conformity with the contract.

(3) Crucibles and crucible linings, heating elements, thermocouples, induction coils, seals, filters, nozzles, pressure plates, and comparable consumable and wear parts are subject to operational wear. Wear that corresponds to the intended use and the specifications of the operating manual does not constitute a defect. Your statutory rights in the event of a deviation beyond this remain unaffected.

(4) There is no defect insofar as damage is due to the goods being operated contrary to the operating manual, used with unsuitable or moist feed material, operated outside the specified connection and operating values, insufficiently maintained or modified without our consent. We bear the burden of presentation and proof for this.

(5) Spare and wear parts are available from us. We will inform you of availability, expected prices and the ordering procedure upon request; repair and maintenance instructions are provided as part of the respective operating manual. You are free to use third-party parts; this in itself does not lead to the loss of your statutory rights.

§ 11 Manufacturer's Warranty

(1) For induction melting furnaces, casting machines and the associated water chillers, we provide a warranty of twelve months from the date of delivery in addition to the statutory liability for defects. Within this period, we will remedy material and manufacturing defects, at our discretion, by repair or by replacement of the affected assembly.

(2) The warranty does not cover wear and consumable parts within the meaning of Section 10 (3) and does not cover damage resulting from any of the causes listed in Section 10 (4). It does not include costs for transport, installation and commissioning, unless otherwise agreed.

(3) This warranty does not limit your statutory rights. Your statutory rights in respect of defects exist independently of this warranty and free of charge; the statutory liability for defects towards consumers is at least two years.

§ 12 Liability

(1) We are liable without limitation for damages arising from injury to life, body, or health resulting from a breach of duty by us, our legal representatives, or our vicarious agents, as well as for damages based on intent or gross negligence on the part of us, our legal representatives, or our vicarious agents.

(2) We are likewise liable without limitation under the German Product Liability Act, in the event of fraudulent concealment of a defect, within the scope of a guarantee we have assumed or a procurement risk we have assumed, as well as in the event of a breach of a duty for which we are liable regardless of fault.

(3) In all other cases, we are liable only for the breach of a material contractual obligation and only limited to the foreseeable damage typical of the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract in the first place and on whose observance you may regularly rely; these include in particular the delivery of the goods in the agreed quality, compliance with the safety requirements applicable to the goods, the handover of the operating manual and safety documentation, and the accurate specification of the connection and operating values.

(4) This provision applies only if you are a business customer. In the cases covered by paragraph 3, our liability is limited to the coverage amount of our business and product liability insurance, but at least to the net order value of the order concerned. Likewise only in the cases covered by paragraph 3, we are not liable to you for lost profits, loss of production, downtime and restart costs, or for the loss of melting stock and input material. If your typical risk of damage is higher than the above amount, please inform us before the conclusion of the contract; we will then offer you extended liability coverage for an additional charge.

(5) If you are a consumer, paragraph 4 does not apply; paragraphs 1 to 3 remain applicable.

(6) The above provisions do not entail any change in the burden of proof to your disadvantage.

(7) The above liability provisions also apply to the personal liability of our legal representatives, employees and vicarious agents.

§ 13 Right of Withdrawal

(1) This provision applies only if you are a consumer. You have a statutory right of withdrawal in accordance with our Right of Withdrawal , which you will additionally receive with the order confirmation. The right of withdrawal exists regardless of the size, weight, and shipping method of the goods; it therefore also applies to goods shipped by freight forwarder.

(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and whose manufacture is based on an individual selection or determination by you, or that are clearly tailored to your personal needs (Section 312g (2) No. 1 BGB). Whether a product falls under this is indicated separately on the respective product page before you place your order. The mere fact that we obtain a series-produced device from the manufacturer only after your order, or that you have chosen between offered standard variants, does not lead to the exclusion of the right of withdrawal.

(3) Putting the goods into use does not affect your right of withdrawal; it may merely trigger an obligation to pay compensation for loss of value in accordance with the withdrawal instructions. We always calculate any compensation for loss of value specifically and provide you with evidence of it; you may prove that no loss of value occurred at all or that it is significantly lower.

(4) If you are an entrepreneur, no right of withdrawal exists; it is a consumer right. We do not grant entrepreneurs a contractual right of withdrawal or return under these terms. Whether you are a consumer or an entrepreneur depends on the purpose of the transaction.

§ 14 Software, Intellectual Property Rights, Documents

(1) If control or application software is included in the scope of delivery, you receive a simple, non-exclusive, perpetual right to use this software as intended together with the delivered system. The software remains the property of the respective rights holder.

(2) Reproduction, modification, decompilation or transfer of the software independently of the system is only permitted in the cases mandatorily allowed by law. If the system is resold, the right of use passes to the purchaser, provided that you completely cease your own use.

(3) We reserve ownership rights and copyrights to quotations, drawings, design calculations, cost calculations and other documents that we provide to you. These documents may not be made accessible to third parties without our express consent in text form. They must be returned upon request if no contract is concluded.

(4) If you provide us with drawings, specifications, or other requirements for a custom version, you warrant that their implementation does not infringe any third-party intellectual property rights.

§ 15 Export, Customs, Sanctions

(1) Our deliveries may be subject to the export, transfer and import controls of the European Union, the Federal Republic of Germany or other states. Performance of the contract is subject to the proviso that no obstacles arise from foreign trade regulations, embargoes or other sanctions.

(2) This provision applies only if you are a business customer. You warrant that you will comply with the applicable export control and sanctions regulations, that you will not deliver the supplied goods directly or indirectly to an embargoed country, and that you will not pass them on to sanctioned persons or organizations. Upon our request, you will provide us with the information required for an export control check, in particular the end use and final destination. If a required license is not obtainable or is revoked, we are entitled to withdraw from the contract; claims for damages due to this withdrawal are excluded unless we are guilty of intent or gross negligence.

§ 16 Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

Section 17 Declarations, text form, precedence of individual agreements

(1) Declarations and notifications that you are required to make to us may be made in text form (Section 126b of the German Civil Code (BGB)), in particular by e-mail to marktplatz@dexdo-online.de or by post to our address. We do not require any stricter form; there are no special receipt requirements. If the law prescribes a specific form for a declaration, that statutory form applies.

(2) Individual agreements made with you in a specific case take precedence over these terms (Section 305b BGB); this also applies to verbal commitments.

(3) This provision applies only if you are a business customer. Assurances regarding quality, performance data, melting capacity, heat-up and cycle times, service life or delivery dates that go beyond the content of our order confirmation require our confirmation in text form to be effective. You remain free to prove a deviating individual agreement.

Section 18 Applicable law, place of performance, place of jurisdiction

(1) All contracts are governed by the law of the Federal Republic of Germany. If you are a consumer and have your habitual residence in another country, the mandatory consumer protection provisions of that state remain unaffected by this choice of law; you therefore do not lose any protection mandatorily granted to you by the law of your state of residence as a result of this choice of law.

(2) This provision applies only if you are a business customer. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(3) This provision applies only if you are a merchant, a legal entity under public law or a special fund under public law. The place of performance for all services under the contract, including payment and subsequent performance, is our place of business in Gießen. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Gießen. We are also entitled to bring an action at your general place of jurisdiction. The same applies if you have no general place of jurisdiction in Germany or if your place of residence or habitual abode is unknown at the time the action is filed.

(4) For all other customers – in particular for consumers and for entrepreneurs who are not merchants – the statutory provisions on place of performance and jurisdiction apply. An agreement on the place of performance does not establish jurisdiction in these cases (Section 29 (2) of the German Code of Civil Procedure (ZPO)).

(5) If you are a consumer and the contract was concluded away from our business premises, for example at a trade fair or at an appointment at your place of residence, the court of your place of residence has exclusive jurisdiction for actions against you (§ 29c ZPO).

§ 19 Final Provisions

(1) Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provisions.

(2) This provision applies only if you are a business customer. The assignment of claims against us requires our consent, which we will refuse only for an objective reason; Section 354a of the German Commercial Code (HGB) remains unaffected.

Last updated: August 2026