Shipping policy

Delivery period and delay

1. The delivery period shall be agreed on an individual basis.
2. Agreed delivery periods and deadlines shall commence and we shall comply with them, once all technical queries are clarified and any obligations by the Customer to cooperate, particularly the timely receipt of all items, documents, approvals, inspections, releases and compliance with agreed payment conditions, are met. The delivery period shall be extended appropriately if these conditions have not been properly met, and, in particular, have not been met on time. Any delivery dates shall be postponed accordingly. This shall not apply if Dolphin is responsible for the delay. In case of a failure to comply with the delivery deadlines or dates due to acts of force majeure and other disruptions outside of Dolphin’s control, such as war, terrorist attacks, pandemic and strikes, including strikes affecting suppliers, the agreed delivery periods shall be extended accordingly. Delivery dates shall be postponed accordingly.
3. In the event of Dolphin being unable to meet binding delivery periods and dates for reasons outside of its scope of responsibility (unavailability of services/Goods), Dolphin shall notify the Customer of such fact immediately and at the same time announce the expected new delivery periods. If the service/Goods remains unavailable even within the new delivery period, Dolphin may withdraw from the contract, in whole or part thereof, and reimburse any remuneration already paid by the Customer with undue delay. Within this meaning, unavailability of the service/Goods shall be, in particular, inaccurate, particularly late, deliveries to Dolphin made by Dolphin suppliers, unless a congruent covering transaction has been concluded with such supplier. Such transaction shall be deemed to have occurred if Dolphin has a supply contract with the Customer on the date the contract is concluded, which under objective inspection is designed to ensure that if everything proceeds smoothly, DOLPHIN will able to supply Goods and services to the Customer with the same level of assurance as has been contractually agreed. This shall not affect any further claims of the parties.
4. Partial deliveries are permissible, unless such deliveries – taking DOLPHIN´s interest into account - are deemed unreasonable for the Customer.
5. DOLPHIN reserves the right of excess or short delivery of up to 15%.
6. In the event of the Customer violating obligations to cooperate, DOLPHIN may give preference to other orders by third parties and extend the delivery period or date accordingly. Notwithstanding any any further claims, DOLPHIN may assert a compensation claim for damages thus incurred, including any additional costs, unless the Customer is not responsible for the violation of the obligations to cooperate.
7. For any delay the statutory provisions shall apply. In any case, however, the Customer shall issue a warning. Compensation of any loss of profit and damages resulting from interruption of business by DOLPHIN shall be excluded. In the event of slight negligence, compensation for damages shall be limited to additional freight costs, upgrade costs, as well as additional costs for covering purchases if the period of grace expires without the situation being rectified or the Customer is no longer interested in the delivery.

Delivery, risk transfer, Goods approval, delay of Goods acceptance

1. Unless stated otherwise in the order confirmation, Goods shall be delivered ex works (EXW in accordance with Incoterms 2020) to a destination stated in the offer or order confirmation. The Goods may be dispatched to a different destination at the Customer‘s request and cost (Sale by Dispatch). Unless otherwise agreed, DOLPHIN may determine the type of dispatch (particularly transport companies, transport path, packaging).
2. The risk of accidental destruction and deterioration of the Goods shall be transferred to the Customer no later than as soon as the Goods have been handed over to the person performing the transport or have left DOLPHIN‘s plant / warehouse for the purpose of dispatch. If an acceptance of the Goods has been agreed, risk shall transfer at the time of the acceptance. Notwithstanding, the statutory provisions applicable to works and services shall also apply accordingly to the agreed acceptance of Goods. Delivery or acceptance shall be deemed to have taken place if the Customer is in default of acceptance.
3. In the event of the Customer being delayed with the Goods acceptance, failing to cooperate, or if delivery by DOLPHIN is delayed for other reasons, DOLPHIN shall store the Goods at the risk and cost of the Customer. In the event of the Goods acceptance being delayed, DOLPHIN may request compensation for any damages incurred as a result, unless the Customer is not responsible for the delay in accepting the Goods, as well as compensation for additional costs (e.g. warehousing costs). The warehousing costs shall be charged at a lump sum of 0.5% of the net price of the Goods included in the delivery (delivery value) per calendar week started. This shall not affect DOLPHIN‘s right to prove that higher warehousing costs have been incurred as well as the legal claims and rights (particularly for the reimbursement for additional costs, reasonable compensation, termination). However, the lump sum shall be offset against any further claims. The Customer may provide proof that DOLPHIN has not incurred any damages, or damages that are significantly lower than the above lump sum. The obligation to reimburse additional costs and lump sum warehousing costs shall also apply if the Customer violates obligations to cooperate of the delivery is delayed for other reasons, unless the Customer is not responsible for the violation of the obligations to cooperate or the other reasons. Further claims shall remain unaffected, even in the event of violations of obligations to cooperate and delays for other reasons.