No other than the written agreements and the following conditions shall apply to all contracts. Orders, agreements and amendments made verbally or by telephone shall only be binding, if issued and confirmed in writing by the purchaser. The delivery conditions of the supplier shall only apply, if they are expressly confirmed by the purchaser. The supplier must treat contract signing confidentially. He may only use the purchaser as reference towards third parties with written agreement of the purchaser. Personal data of the supplier are processed and forwarded for business purposes using electronic data processing according to the regulations of the Federal Data Protection Act.
Purchase orders/order confirmation
The purchaser is entitled to refuse acceptance of any shipment that has not been properly announced latest 2 working days prior to the shipment date via advance delivery notice. Costs incurred due to non-compliance with this regulation shall be borne by the supplier. Order confirmation, delivery note and invoice must contain our order number and commission number. The purchaser is entitled to refuse invoices without this information. The quantity listed in the purchase order must not be exceeded. Excess deliveries will be returned by us carriage forward.
Liability for defects/product liability
Drawings that were provided by the purchases for contract execution shall remain his property and must be returned immediately after contract execution. The supplier shall be liable for loss or damage and/or misuse. Misuse shall be any use for purposes different from contract fulfilment. Disclosure to third parties requires express written agreement of the purchaser. The purchaser reserves all rights to drawings and products produced according to their specifications as well as to processes developed by them.
Unless otherwise agreed, the means of payment shall be at the discretion of the purchaser; within 30 days after receipt of a proper invoice and of the goods less 3 % discount or net within 60 days. The assignment of payment claims of the supplier shall require the prior written approval of the purchaser.
a) Delivery dates/delivery terms
Agreed delivery dates and delivery terms shall be binding except in the cases of force majeure. If the supplier recognises that the agreed dates cannot be met for whatever reasons, they must inform the purchaser immediately in writing. If the supplier defaults on his services, the purchaser shall be entitled to request re-delivery or damage compensation due to non-fulfilment, or withdraw from the purchasing contract, or have the services not provided yet by the supplier be provided by a third party at the suppliers expense, as they consider fit. The regulation of § 341 para. 3 BGB (German Civil Code) shall be excluded.
b) Delivery dates/delivery terms
The service and/or delivery shall be executed such that the legal and statutory regulations, in particular EC Directives, equipment safety laws, accident prevention and other occupation safety regulations applicable at the date of delivery are observed. The CE mark must be attached clearly visibly and the Declaration of Conformity and/or the Manufacturer’s Declaration and the commodity index number must be enclosed.
c) Delivery dates/delivery terms
For the duration of the agreed warranty obligation, the supplier shall warrant that their delivery has the committed characteristics and is free from defects. If defects occur in the delivery, including the absence of committed characteristics, the supplier shall be obligated to repair these defects free of charge, unless the purchaser asserts any other warranty rights. The supplier shall be responsible for any costs incurred by the purchaser in connection with the warranty claim. Unless agreed differently, the warranty period shall be 12 months from product acceptance, which includes delivery of the supplier, however maximum 18 months from delivery to the purchaser. The warranty period shall be extended by the period necessary for the supplier to repair any defects. A new warranty period of 12 months shall apply for repaired or replaced parts. In urgent cases, or if the supplier falls behind with defect rectification, the purchaser shall be entitled to perform the necessary measures themselves o to have this performed by a third party at the expense of the supplier.
The purchaser shall be entitled to enquire with the supplier regarding the production status at all times. Beyond that, the supplier shall grant the purchaser and any agents assigned by the purchaser the right to check the activities associated with order execution at all times. For this purpose, the supplier shall grant the purchaser and any agents assigned by the purchaser access to the respective work premises and documentation. The execution of these rights shall not relieve the supplier from their contractual obligations and shall not constitute acceptance.
Place of jurisdiction/place or performance
Should any of the individual provisions be invalid, then this shall not have any effect on the validity of the remaining provisions. The contract shall be governed by German law. The place of performance for delivery and payment and the place of jurisdiction is Bielefeld. However the purchaser shall also be entitled to sue the purchaser at his general place of jurisdiction.