DORMA International Here you will find all our worldwide DORMA Internet sites, please make your choice ...

Userrequest for Operational Planner

Kindly read the following General Terms and Conditions of Use for the DORMA Supplier Portal and the General Terms and Conditions for Internet Invitations to Bid (ITBs) and Auctions by Companies of the DORMA Group attentively. The terms of use have to be accepted in order to continue with the registration process. After the registration you may access the terms of use at any time using the menu item terms of use.

 

 

 

General Terms and Conditions of Use for the DORMA Supplier Portal


1. Preamble:

DORMA Holding GmbH + Co. KGaA, hereinafter “DORMA”, operates the DORMA Purchasing Supplier Portal, hereinafter “Supplier Por-tal,” under the domain sourcing.dorma.com. Requests for bids (RFBs) for purchasing requirements throughout the entire DORMA Group are processed via the Supplier Portal. To participate in an RFB or an auc-tion, a vendor must be registered and approved.


2. Registration/Participation Agreement Relationship

2.1 To establish a participation agreement relationship, a vendor must submit an application for registration. Vendors can register by completely and accurately filling out the appropriate form found under the “Request user” button, and sending it back to DORMA.

2.2 DORMA shall review the vendor's data and decide whether the vendor will be registered and granted access to the Supplier Portal through establishment of a participation agreement rela-tionship. In principle, DORMA shall have full discretion in decid-ing whether to accept or reject the application. Applicants shall have no claim to the establishment of a participation agreement relationship or use of the Supplier Portal.

2.3 DORMA shall notify the vendor in electronic format regarding acceptance or rejection of the registration, and in the event the application is accepted, shall inform the vendor that he has been approved as an official vendor through establishment of a corre-sponding participation agreement relationship. The vendor will also be given a password that can be used to gain access to the Supplier Portal.


3. Terms and Conditions of Participation

3.1 Use of the Supplier Portal within the scope of the participation agreement relationship shall occur exclusively based upon these General Terms and Conditions of Use. DORMA may supple-ment, modify, or replace these terms and conditions with addi-tional terms and conditions in individual cases.

3.2 Participation in RFBs, to which the vendor does not in principle have any claim within the scope of the participation agreement relationship established through registration, shall occur based upon the supplemental “General Terms and Conditions for Internet Requests for Bids (RFBs) and Auctions by Companies of the DORMA Group.”

3.3 DORMA may amend the terms and conditions by informing the vendors of the amendments to the terms and conditions (notifi-cation also possible in electronic format). The vendor may sub-mit a written objection to the validity of the amended terms and conditions within a period of 2 weeks after receipt of the notifica-tion. The amendments shall be considered as accepted if the vendor has not filed an objection within the specified period. DORMA shall explicitly inform the vendor regarding his right to object and the significance of his actions. If the vendor objects to the validity of the amended terms and conditions, then DORMA may immediately terminate the participation agreement relation-ship with the vendor.


4. Changes to Vendor Data

4.1 The vendor must notify DORMA immediately via the “My data” button regarding any changes to the data specified in the appli-cation for registration and approval.

4.2 The vendor shall compensate DORMA for any damages in-curred by DORMA as a result of failure to submit notification of changes to data or delayed notification of such changes.

4.3 Moreover, in the event of delayed notification of changes to vendor data, DORMA shall have the right to make use of its right of termination pursuant to Item 10.


5. Password

5.1 Each registered vendor shall receive a password for access to the vendor area of the Supplier Portal. The participant may change the password at any time. In selecting a password, the vendor must ensure that there are no conspicuous repetitions of the same symbol, and that the password does not consist of generally known words and/or names.

5.2 Use of the password by unauthorized third parties and disclo-sure of knowledge acquired through use of the password to third parties is prohibited. The vendor must carefully store the pass-word, and must use it in such a way as to preclude its loss or disclosure to unauthorized third parties.

5.3 In the event that the password is lost, the vendor must inform DORMA immediately (also via e-mail). DORMA shall block the vendor's access to the password-protected area immediately upon receiving notification. The vendor will be given a new password if possible.

5.4 The vendor shall be liable for all damages that occur as a result of use of the password by unauthorized third parties.


6. Duties of the Vendor

6.1 Vendor shall bear the risk for transmission of information and other data up to the DORMA gateway. The vendor must observe statutory regulations, particularly those involving data privacy. The vendor hereby warrants that he will not use or transmit software or other data, run applications, or place contents into the Supplier Portal that contain computer viruses or which may otherwise impair, alter, or destroy technical equipment, software, or data belonging to DORMA or third parties. In addition, the vendor shall be prohibited from undertaking actions that violate good morals, commercial property rights, copyrights, or other proprietary rights of DORMA or third parties, from entering, sav-ing, or sending hyperlinks or contents for which the vendor is not authorized, and from violating applicable law in any other form.


7.  Copyright/Trademark Law

7.1 The pages of the DORMA Supplier Portal are subject to copy-right protection. In particular, any reproductions and adaptations or revisions are subject to copyright protection, and shall be permissible only with the prior written consent of DORMA.

7.2 The product descriptions and/or product designs on the pages of the Supplier Portal are predominantly registered trademarks of the companies of the DORMA Group or third-party companies. Any unapproved use or misuse of these trademarks is explicitly prohibited and shall constitute a violation of the provisions of copyright law.


8. Hyperlinks

8.1 The Supplier Portal may contain hyperlinks to websites of third par-ties. DORMA does not assume any responsibility for the contents of these websites, nor does it adopt these websites and their contents as its own. DORMA does not monitor these websites and their contents, and DORMA is not responsible for the contents and information con-tained therein. The vendor uses these websites at his own risk.


9. Cookies

9.1 DORMA shall have the right to store “cookies” on the vendor's com-puter during use of the Supplier Portal. These cookies allow the ven-dor to be automatically identified as a user upon his next use of the Supplier Portal. The vendor shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.


10. Termination/Cessation of Supplier Portal Operations

10.1 Both DORMA and the vendor shall have the right to terminate the participation relationship for the Supplier Portal at any time with immediate effect by means of a unilateral written declara-tion (also via e-mail).

10.2 DORMA shall notify the vendor via e-mail regarding the cessa-tion of Supplier Portal operations. This shall also apply as termi-nation of the participation agreement relationship pursuant to 10.1.

10.3 In the event of termination or cessation of Supplier Portal opera-tions, DORMA shall delete all user data and all other stored per-sonal information of the vendor, so long as these are no longer required for contractual purposes.


11. Liability

11.1 DORMA shall not be liable for the availability and quality of the Supplier Portal.

11.2 In addition, except for cases of willful intent or gross negligence, DORMA shall not be liable for damages, on any legal grounds, arising from usage, unavailability, or other hardware or software errors of the Supplier Portal. In particular, the absence of viruses cannot be guaranteed. Prior to downloading information and data, the vendor shall therefore provide appropriate security measures and virus scanners. Downloading or other accessing of information and data when using the Supplier Portal shall oc-cur at the user‘s own risk.


12. Data Privacy

12.1 DORMA shall observe the applicable provisions of the data privacy laws when collecting, using, and processing the vendor’s personal data.

12.2 The vendor hereby explicitly agrees to the permanent storage and use by DORMA of data provided by the vendor within the scope of the reg-istration procedure for all purposes associated with operation of the Supplier Portal.

12.3  DORMA is entitled to also grant a right of usage to any cooperation partner and to make supplier data available to them.

13. Miscellaneous Provisions

13.1 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 Con-ditions of Use. In such a case, the parties shall by mutual con-sent replace the invalid provision with a provision that is best suited to achieve the desired commercial purpose, given con-sideration of both parties' interests. This shall apply mutatis mu-tandis for provisions required to fill any gaps in the arrange-ments.

13.2 If the vendor is a merchant [Kaufmann] as defined by the Ger-man Commercial Code, the venue for any disputes arising in conjunction with use of the Supplier Portal shall be Düsseldorf.

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

 

DORMA Holding GmbH + Co. KGaA


 

 

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

 

 

By clicking on the following button you confirm that you have read and understood the General Terms and Conditions of Use for the DORMA Supplier Portal and the General Terms and Conditions for Internet Invitations to Bid (ITBs) and Auctions by Companies of the DORMA Group and accept them.