1. Scope
(1) These General Terms & Conditions of Sale apply to all contracts, deliveries, and services – including orders placed via the online shop – between us and the customer unless otherwise expressly agreed in writing.
(2) These General Terms & Conditions of Sale shall also apply to all future business transactions, even if not expressly referred to or agreed at the time, and even where we are aware of and perform deliveries despite differing or contrary terms of the customer.
(3) These General Terms & Conditions of Sale apply exclusively to business customers (entrepreneurs) within the meaning of Section 14 of the German Civil Code (BGB).
(4) We may correct inadvertent errors in brochures, price lists, offers or any other documentation at any time, without this giving rise to any claims against us.
(5) Individual agreements shall take precedence over these General Terms & Conditions of Sale, in accordance with Section 305b BGB.
(6) The current version of our General Terms & Conditions of Sale is available on our website.
(7) Contradictory or deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing by us.
2. Offers, Acceptance
(1) Our offers are always non-binding and subject to change, in particular with regard to quantity, price and delivery time.
(2) Customer orders shall only be deemed accepted upon our written confirmation. If no separate written confirmation is provided for an orally or telephonically concluded contract, our invoice shall be deemed confirmation.
3. Prices
(1) Unless expressly agreed otherwise, our prices are ex works (EXW) and quoted in EURO, exclusive of packaging, shipping, transportation insurance, and any value added tax (“VAT”) applicable at the time of delivery. All such additional costs shall be invoiced separately.
(2) If, between conclusion of contract and delivery, additional or increased charges arise due to changes in law – including but not limited to exchange rate fluctuations, currency regulations, inflationary developments, changes in customs duties, material or production cost increases, change of suppliers, widespread disease, epidemics or pandemics – we shall be entitled to reasonably adjust the purchase price.
4. Invoicing
Invoices may, at our discretion, be sent by post or email. The customer agrees to receive invoices in electronic form. Electronic invoices shall be transmitted as PDF files to the email address provided. On express request, invoices may also be sent by post at any time.
5. Payment
(1) Payments shall be made in full, without deductions, within thirty (30) days from the invoice date. For first-time orders from export customers, delivery shall only be made against prepayment.
(2) Bills of exchange or cheques shall only be accepted subject to prior agreement and only for the purpose of fulfillment. All related bank charges and discount fees shall be borne by the customer and are due immediately.
(3) In the event of payment default, we are entitled to charge default interest of at least five (5) percentage points above the applicable base interest rate, as well as reminder fees (€5 from the second reminder, €8 from the third, €10 from the fourth, and €15 from the fifth and final reminder). The customer remains entitled to prove lower damages.
(4) Offsetting or retention is permitted only with undisputed or legally established claims, or those arising from the same contractual relationship.
6. Quantity, Quality, Marking
(1) For custom products, we are entitled to deliver up to ten percent (10%) more or less than agreed.
(2) We are entitled to make reasonable partial deliveries.
7. Shipment and Delivery
(1) Unless otherwise agreed in writing, delivery shall be made FCA Unna (Incoterms 2020).
(2) Our obligation to deliver is conditional upon timely and proper fulfillment of the customer’s obligations. We reserve the right to invoke the defense of non-performance.
(3) Goods are always shipped insured and travel at the risk of the customer, even in the case of carriage-paid deliveries and regardless of the means of transport. Transport insurance is arranged and the associated costs are borne solely by the customer.
(4) In the absence of an express agreement, the method and route of shipment and means of transport shall be chosen by us at our best discretion, without any liability for selecting the most economical or fastest method.
(5) Where the customer provides the means of transport, they are responsible for its timely availability and must notify us promptly of any delay. Any resulting costs shall be borne by the customer.
(6) Our delivery obligation is subject at all times to timely and correct self-supply.
(7) Stated delivery and unloading times are always non-binding unless expressly agreed otherwise in writing.
(8) Delivery hindrances due to force majeure or unforeseen events not attributable to us (including but not limited to operational disruptions, official orders, subsequent loss of export or import opportunities and natural disasters such as volcanic eruptions, storms, floods, earthquakes; or events such as war, civil unrest, terrorist attacks, boycotts, strikes, lockouts, material shortages, disease outbreaks, or our self-supply reservation as stated above) release us, for the duration and to the extent of their effect, from the obligation to comply with any agreed delivery or unloading times, and also entitle us to withdraw from the contract without liability for damages or other claims by the customer.
(9) Where a stated delivery or unloading time is exceeded due to such hindrance, the customer must grant us a reasonable extension of at least two (2) weeks in writing. If we also do not deliver within such extension period, the customer may withdraw from the contract but shall not have the right to claim damages for non-performance or delay unless we are guilty of intent or gross negligence.
8. Special Manufactures / Custom Hearing Protection
(1) Print@Dreve: We manufacture exclusively on the basis of digital data and information provided by the customer (e.g. STL files) without review or modification on our part. Deviations resulting from such customer specifications do not constitute defects. The customer bears sole responsibility for all transmitted settings (such as offsets). Our services do not include medical advice. Product use is solely at the customer’s risk. We accept no liability for errors or damage resulting from faulty, incomplete or subsequently altered customer data, except in cases of intent, gross negligence, or injury to life, body, or health.
(2) Custom Hearing Protection: For individually manufactured PPE products (e.g., earmolds, hearing protection), the customer must perform all required preliminary work (such as ear impression taking, functional checks, documentation, end user instruction) professionally in accordance with the state of the art and EU PPE Regulation 2016/425 and retain evidence for at least three years. The customer is responsible for providing the end user with all legally required instructions and information. If the customer breaches these obligations, they are liable for all damages and costs incurred. When supplying abroad, the customer must comply with the relevant national PPE requirements.
9. Warranty
(1) The existence of any warranty claims by the customer presupposes the timely and proper fulfilment of all obligations of inspection and notification of defects in accordance with Section 377 German Commercial Code (HGB).
(2) Warranty claims may be asserted for twelve (12) months from the transfer of risk.
(3) In the event of defects, the customer is entitled to subsequent performance by way of rectification or delivery of defect-free goods. If this subsequent performance is unsuccessful, the customer is entitled to a reduction in price or to withdraw from the contract.
(4) Warranty claims shall not cover natural wear and tear or damage occurring after the transfer of risk as a result of improper, non-designated or excessive use, unsuitable equipment, or chemical, electrochemical, or electrical influences not foreseen in the contract. Improper modifications or repairs by the customer or third parties exclude any claims for defects.
(5) Our refurbished devices are thoroughly checked before resale; nevertheless, liability for material defects is excluded.
10. Liability
Any limitations of liability and reductions in limitation periods shall not apply in cases of intent, gross negligence, culpable injury to life, body or health, fraudulent concealment, claims under the Product Liability Act, or recourse claims according to Section 478 BGB. Any further liability, especially for loss of profits or other financial loss, is excluded except where mandatory statutory law provides otherwise.
11. Data Protection
Information on the processing of personal data is provided in our Privacy Policy: https://dreve.de/en/privacy-notice
12. Retention of Title
(1) Delivered goods remain our property until full settlement of all claims arising from the business relationship.
(2) The customer may resell goods in the ordinary course of business. The customer hereby assigns to us all claims, up to the value of our invoice, arising from resale against its customers or third parties; we hereby accept the assignment. The customer shall remain authorized to collect the receivables provided they meet their payment obligations, and no insolvency application has been filed.
(3) The customer is obliged to handle the goods with care, insure them if necessary, and notify us promptly in writing in the event of any third-party action against our reserved goods.
(4) Where the value of the securities held exceeds our claims by more than ten percent (10%), we shall, upon request, release securities at our discretion.
13. Confidentiality
The customer is obliged to treat all information received in connection with the business relationship that is not generally known, as well as all products, samples, software, and documentation, as confidential and not to disclose them to third parties. The customer is also prohibited from examining, analyzing, reverse engineering, decompiling, reconstructing, or otherwise reproducing these items, except where such actions are expressly permitted or required by law. This obligation shall continue after the end of the contractual relationship.
14. Product Approval, Import/Export Provisions
(1) Unless otherwise expressly agreed in writing, supplied goods are intended exclusively for initial placing on the market and use within the Federal Republic of Germany or the expressly agreed initial country of delivery with the appropriate approval or CE marking. We assume no responsibility for conformity, registration, or approval in recipient countries outside Germany unless expressly agreed.
(2) In cases of export or onward supply to other countries, the customer is solely responsible, at their own cost and risk, for compliance with all relevant national and international export control, embargo, import, approval, and registration requirements, as well as all product-specific regulatory requirements, including medical device law (e.g., MDR/IVDR/EU, FDA/USA, or other national laws), performance of required registrations, translations and provision of information in the national language.
(3) In particular, the customer must verify whether additional approval, certification, or registration is needed for the target country, whether delivery or use is restricted (for instance by embargoes, sanctions, or product bans), that no resale to sanctioned persons or entities occurs, and that no delivery or use is subject to defense, nuclear or other regulatory authorization or prohibition requirements.
(4) Customers are responsible for obliging all downstream purchasers and business partners to comply with all regulatory, approval and export control provisions, as set forth in points 1–3 above, and to provide and monitor all required information and documentation duties.
(5) The customer ensures that all reporting, traceability, and vigilance obligations under the relevant medical device regulations are complied with throughout the entire supply chain.
(6) If the customer negligently breaches these obligations and this results in damage, administrative work, fines, customs, or other disadvantages for us, the customer shall indemnify us against all resulting costs, claims, and sanctions.
15. Compliance
The customer undertakes to comply with all applicable legal requirements within the scope of the business relationship, in particular human rights, anti-corruption, anti-money laundering, environmental protection, occupational safety, data protection, and all applicable export control and embargo regulations.
Furthermore, the customer undertakes to observe our most recent Code of Conduct.
In the event of a material breach of these obligations, we reserve the right, after a warning has proved unsuccessful, to terminate the contract without notice and claim damages.
16. Final Provisions
(1) This contract is governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Unna, Germany.
(3) If any provision of these General Terms & Conditions of Sale is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions that best achieve the intended commercial purpose of the invalid provision.
06/2025
1. General Provisions
(1) The following conditions are part of the contract concluded with us. The General Terms and Conditions of Purchase apply in particular to contracts for the sale and/or delivery of movable items (“Goods”), regardless of whether the Supplier manufactures the Goods itself or purchases them from subcontractors (§§ 433, 650 German Civil Code – BGB).
(2) Our General Terms and Conditions of Purchase (GPC), as amended from time to time, shall also apply to all subsequent transactions, even if they are not expressly mentioned or agreed upon again at the conclusion thereof. The GPC only apply if the Supplier is an entrepreneur (§ 14 BGB), a legal entity under public law, or a special fund under public law.
(3) These GPC shall apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Supplier shall become part of the contract only insofar as we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example, even if we accept the Supplier’s deliveries without reservation despite being aware of the Supplier’s general terms and conditions.
(4) Individual agreements made with the Supplier in individual cases (including side agreements, supplements, and amendments) shall take precedence over these GPC in all cases. Unless proven otherwise, a written contract or our written confirmation is decisive for the content of such agreements.
2. Offer, Acceptance
The Supplier is obliged to accept our order within a period of 2 weeks. Details such as dimensions, weights, quantities, prices, or other specifications found in catalogues, circulars, advertisements, or price lists are only approximate values and are not binding for us as long as they have not been expressly included in the contract.
3. Compliance with Specifications
The Supplier undertakes to always comply with specifications and shall not amend them without our prior written consent. We reserve the right to change the specifications at any time if required by applicable statutory provisions. Furthermore, we reserve the right to expand the specifications to include storage and transport requirements. We will notify the Supplier promptly of any such changes.
4. Prices, Payment
(1) The price stated in the order is binding. Unless otherwise agreed in writing, the price includes delivery “free domicile” including packaging, as well as the assumption of transport insurance and statutory value-added tax.
(2) Payment and delivery shall be as agreed between the parties in each case. Unless otherwise agreed for individual cases, payment shall generally be made within 14 days after delivery and receipt of invoice with a 2% discount or within 30 days net.
(3) The delivery is to be made on the delivery date specified in the purchase contract or the order. The stated delivery time is binding.
(4) Where legally permissible, the communication of contractual documents (e.g. orders, order confirmations, delivery notes, and invoices) may also be made in electronic form. The Supplier undertakes to comply with the statutory requirements for electronic invoicing and, on request, to support us in the transition to electronic processes.
5. Delivery
(1) The Supplier is obliged to notify us in writing if a delay in delivery occurs. In the event of a delay in delivery, we shall be entitled to the statutory claims.
(2) If the Supplier is in delay, we may, in addition to further statutory claims, demand lump-sum compensation for our damage caused by delay amounting to 1% of the net price for each completed calendar week, but not exceeding a total of 5% of the net price of the goods delivered late. We reserve the right to prove that greater damage has occurred.
6. Transfer of Risk
Unless otherwise specified in individual delivery contracts, the time of the transfer of risk shall generally correspond to the Incoterms of the International Chamber of Commerce (Incoterms 2020). In the absence of an individual agreement, the clause “Delivered Duty Paid” (DDP, Incoterms 2020) shall apply.
7. Confidentiality and Retention of Title
We reserve ownership and copyright to our documents and items provided. They may only be used for the performance of the contract, may not be disclosed to third parties, and must be returned to us after the contract ends. Reverse engineering, i.e. the analysis, disassembly, or reproduction of our provided documents, samples, products, or parts thereof, is not permitted. Materials supplied are to be secured and insured by the Supplier at its own expense. Processing takes place for us, so that we acquire ownership thereof. An extended or prolonged retention of title by the Supplier is excluded.
8. Retention of Documents / Ownership of Tools
(1) The Supplier undertakes to retain documents regarding the manufacture, storage, delivery, and sale of products for at least five years from the delivery date and, upon request, to make such documents available to us.
(2) Tools, devices, samples, or other production means that are manufactured or procured by the Supplier for the execution of our orders, and for which we bear all or part of the cost, shall become our property upon their manufacture or acquisition. The Supplier shall store these items free of charge, clearly mark them as our property, and use them exclusively for the fulfillment of our orders. We reserve the right to request their return at any time.
9. Warranty
(1) Statutory warranty rights are available to us without restriction. In particular, we are entitled, at our discretion, to demand remediation of the defect, delivery of a defect-free item, or compensation for damages.
(2) If there is imminent danger, we are entitled, after notifying the Supplier accordingly, to remedy defects ourselves at the Supplier’s expense. Warranty claims for defects become statute-barred two years after transfer of risk.
(3) Acceptance or approval of samples or specimens presented does not constitute a waiver of warranty claims.
(4) Upon our written notification of defects to the Supplier, the limitation period for warranty claims is suspended until the Supplier rejects our claims, declares the defect remedied, or otherwise refuses to continue negotiations regarding our claims. In case of replacement delivery and defect remedy, the limitation period for replaced or remedied parts starts anew, unless we had to assume, based on the Supplier’s conduct, that the Supplier did not consider itself obliged to take the measure, but only made the replacement delivery or defect remedy for reasons of goodwill or similar.
10. Intellectual Property Rights
(1) The Supplier warrants, according to paragraph 2, that the products supplied by it do not infringe the intellectual property rights of third parties in countries of the European Union or other countries in which the Supplier manufactures or causes the products to be manufactured.
(2) The Supplier is obliged to indemnify us from all claims made by third parties against us due to the infringement of industrial property rights as referred to in paragraph 1 and to reimburse us for all necessary expenses in connection with such claims. This shall not apply if the Supplier proves that it is not responsible for the infringement of rights and that, applying due commercial care, it could not have been aware of them at the time of delivery.
(3) Our further statutory claims with regard to legal defects in the delivered products remain unaffected.
11. Spare Parts
(1) The Supplier is obliged to keep spare parts for the products delivered to us available for at least two years after delivery.
(2) If the Supplier intends to discontinue production of spare parts for the products delivered to us, it shall notify us thereof immediately after making the decision to discontinue production. Without prejudice to paragraph 1, such decision must be communicated six months before the cessation of production.
12. Product Liability, Insurance
The Supplier undertakes to indemnify us and our affiliated companies from third-party claims based on product defects, unless these are attributable to gross negligence or intentional conduct on our part. The Supplier shall bear the costs of recall actions, insofar as these are due to defective deliveries. The Supplier shall maintain sufficient product liability insurance (at least EUR 10 million per damage event) and shall provide proof of coverage annually, stating the scope of validity.
13. Assignment
The Supplier is not permitted to assign its claims arising from the contractual relationship to third parties. This shall not apply to monetary claims.
14. Compliance with Laws
(1) The Supplier undertakes to comply with all applicable human rights and environmental due diligence obligations pursuant to the German Supply Chain Due Diligence Act (LkSG) and comparable statutory provisions. Upon request, the Supplier shall submit appropriate evidence of compliance with these obligations, including relevant documentation, certificates, or audit reports, and in cases of suspicion shall promptly inform us and actively support clarification.
(2) The Supplier assures compliance with all relevant labor, social, and environmental standards. This includes, in particular, compliance with the core labor standards of the International Labor Organization (ILO), the prohibition of child and forced labor, the prohibition of discrimination, and ensuring safe and fair working conditions as well as environmentally sound production.
(3) Furthermore, the Supplier undertakes to observe our Supplier Code of Conduct in its current version (available at: https://dreve.de/en/coc).
(4) The Supplier undertakes to continue to observe future statutory provisions relevant to the contractual relationship and to take note of and comply with changes on its own responsibility.
15. Substances in Products
The Supplier guarantees that all products comply with the requirements of REACH, RoHS, the POP Regulation, the Ozone Regulation, and applicable PFAS restrictions and do not contain prohibited substances (in particular SVHC, PFAS, asbestos, biocides, radioactive material). If products nevertheless contain such substances, this must be notified prior to delivery; delivery requires our approval. The Supplier is liable for damages or claims arising from breaches therein.
16. Data Protection
For all information relating to the handling of personal data, we refer to our separate privacy policy:
https://dreve.de/en/privacy-notice
17. Final Provisions
(1) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Unna, Germany.
(2) The contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) The invalidity of individual provisions of these General Terms and Conditions of Purchase shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by such valid provisions as are suitable to achieve the economic purpose of the invalid provision as far as possible.
07/2025