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General Terms and Conditions for Internet Invitations to Bid (ITBs) and Auctions by Companies of the DORMA Group

1. Preamble:
 
DORMA Holding GmbH + Co. KGaA, hereinafter “Holding”, operates the DORMA Supplier Portal, hereinafter “Supplier Portal,” under the domain sourcing.dorma.com. Invitations to bid (ITBs) for purchasing requirements throughout the entire DORMA Group are processed via the Supplier Portal.


2. Scope of Application

2.1 The ITBs and auctions shall occur exclusively on the basis of these General Terms and Conditions for ITBs and Auctions.

2.2 The “General Terms and Conditions of Use for the DORMA Supplier Portal,” which can be viewed on the Supplier Portal, shall also apply as a supplement.


3. Responsible Company

3.1 The DORMA company having the purchasing requirements shall perform the ITBs and auctions. The DORMA company issuing the respective ITB (hereinafter “DORMA”) shall be solely responsible for the content and performance of the ITBs and auctions, as well as any subsequent contracts. Holding shall only provide the Supplier Portal.


4. Participation in ITBs

4.1 DORMA shall select the participants in an ITB from among the registered vendors*. There is no entitlement to participation in the ITB. DORMA shall have full discretion in the selection of participants.

4.2 The selected vendors shall be notified via e-mail regarding the possibility of participating in the ITB as well as the ITB time period.


5. Submission of Bids

5.1 To submit a bid, the vendor must complete the ITB documentation (ITB folder). The vendor can view the ITB documentation on the Supplier Portal. General instructions and assistance on completing the ITB folder can be found within the Supplier Portal in the “Instructions for ITB and Auction.” No access shall be granted to documents for ITBs to which the vendor has not been admitted as a participant.

5.2 The vendor must observe the requirements of the ITB folder and must not deviate therefrom. Should a vendor maintain that a deviation is necessary/practical, however, then the vendor may submit an alternative bid via the “Alternative price/Alternative description” button.

5.3 To submit a bid, the vendor must send the completed ITB folder via the “Send ITB folder” menu item. The bid must be submitted prior to the end of the ITB time period. The bid shall be considered as submitted when it is received by DORMA. Bids received after the end of the ITB time period or sent by other means shall not be considered.

5.4 Following submission of the bid, the vendor shall receive notification in the Supplier Portal regarding receipt of the bid. The vendor shall also receive an e-mail in which the submission of the bid is confirmed. The vendor’s complete bid shall be included with this e-mail as an attachment (PDF document). The vendor may also view his bid in the Supplier Portal after it is submitted; no further changes may be made at that time, however.

5.5 The vendor shall be committed to his bid for a period of two months after the end of the ITB period. The vendor may stipulate a different bid validity period only if the ITB folder contains a corresponding field for entering the bid validity period. If an extension of the bid validity period is necessary, then DORMA shall inform the vendor of this fact via e-mail.


6. Auction

6.1 DORMA reserves the right to conduct an auction following an ITB. DORMA shall make reference to this if necessary at the beginning of the ITB.

6.2 Only vendors who have already submitted a valid bid within the scope of the ITB and were also selected by DORMA as participants in the auction shall have the right to participate in the auction. There is no entitlement to participation in the auction.

6.3 DORMA shall have full discretion in the selection of participants. The vendors selected as participants shall be notified via e-mail of their authorization to participate in the auction as well as the auction time period. Vendors not permitted to participate in the auction shall receive notification via e-mail to the effect that their bid was rejected.

6.4 The bid of the ITB shall be automatically accepted as the first auction bid. Within the scope of the auction, the participating vendors may only underbid the prices they offered within the scope of the ITB. Any price increase is prohibited.

6.5 During the entire auction, the most favorable price submitted in each case shall be displayed anonymously, without reference to the vendor who submitted it. If an overall award of the products and services put up for bid is planned, then the most favorable overall price shall be shown; otherwise, the most favorable individual prices in each case shall be shown.

6.6 New bids may be submitted until the end of the auction period.

6.7 To submit a bid, the vendor must send the bid to DORMA via the “Send bid” button. The bid shall be considered as submitted upon its receipt by DORMA. Any other means of submitting bids is prohibited and shall not be considered.

6.8 Directly following each submission of a new bid, the vendor shall receive a confirmation in the Supplier Portal to the effect that his bid has been received.

6.9 Following completion of the auction, the vendor shall also receive an e-mail confirming the submission of the bid with attachment in PDF format of the last bid submitted during the auction period.

6.10 The vendor shall be committed to this bid for a period of two months after the end of the auction.


7. Conclusion of Contract

7.1 A contract shall be concluded when DORMA transmits a written purchase order via mail or fax to the vendor, and thereby accepts the vendor's bid submitted within the scope of the ITB or auction. Transmission of an order confirmation by the vendor is impermissible and invalid.

7.2 Vendors whose bids were rejected shall be informed of the rejection via e-mail.

7.3 As a general rule, the vendor who has offered the services/products tendered for bid at the most favorable price shall be awarded the contract. Nevertheless, DORMA reserves the right to award the contract to a different vendor. There is no claim to formation of a contract at any time.

7.4 The individual products/services of the ITB/auction may be awarded to different vendors. If only an overall price was shown during an auction, then as a rule there shall be an overall award to one vendor.

7.5 The contracts shall be formed in each case based upon the terms and conditions of DORMA (the respective company tendering the bid). The terms and conditions may be viewed on the respective DORMA homepage or may be sent upon request. Conflicting or supplementary terms and conditions of the vendor shall be precluded. They shall apply only if DORMA has declared its acceptance of these terms and conditions or portions thereof explicitly and in writing.

7.6 All claims in conjunction with the contract may be asserted only against the DORMA company which is the party to the contract.


8. Biding invitations in connection with cooperation partners

8.1 DORMA reserves the right to also in exceptional cases to advertise demands of cooperation partners. Contact details of the cooperation partner and details can be seen from the submission documentation. Contracts on any demands of cooperation partners shall be concluded between the cooperation partner and the vendor. In any such cases DORMA shall have no influence on the conclusion of the contracts and shall be no contractual partner.


9. Duties of the Vendor

9.1 All information provided by the vendor must be accurate and complete.

9.2 Entries may be made only in the fields provided for this purpose. Changes to the ITB documentation are prohibited.

9.3 The vendor must review each bid submitted for completeness and accuracy, and must notify DORMA of any errors immediately, although no later than within two business days.

9.4 If the vendor is not notified in the Supplier Portal and via e-mail regarding the successful submission of a bid within the scope of the ITB/auction, then the vendor must inform DORMA of this fact immediately.
 
9.5 The vendor shall bear all costs and expenses caused by a violation of the duties of cooperation.


10. Ending of the ITB/Auction

10.1 DORMA shall have the right to end the ITB/auction at any time, and to refrain from forming a contract. In this case, DORMA shall inform the vendor of the end of the ITB/auction via e-mail. Any claims for compensation on the part of the vendor in this regard shall be precluded.


11. Miscellaneous Provisions

11.1 Should individual provisions of these Terms and Conditions of Use be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Use. In such a case, the parties shall by mutual consent replace the invalid provision with a provision that is best suited to achieve the desired commercial purpose, given consideration of both parties' interests. This shall apply mutatis mutandis for provisions required to fill any gaps in the arrangements.

11.2 If the vendor is a merchant [Kaufmann] as defined by the German Commercial Code, the venue for any disputes arising in conjunction with the ITB/auction shall be Düsseldorf.

11.3 This agreement shall be governed by and construed in accordance with German law, with the exception of the regulations on application of competing or conflicting laws.


DORMA Holding GmbH + Co. KGaA

 

 



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