Terms and Conditions of Purchase

  1. Our Terms and Conditions of Purchase shall apply exclusively; conflicting or deviating terms and conditions of the supplier will not be accepted, unless we have expressly approved of their validity in written form. Our Terms and Conditions of Purchase shall also apply in case we accept the delivery of the Supplier without reservation in spite of being aware of the Supplier's conflicting or deviating terms and conditions. All agreements made between us and the Supplier for the purpose of fulfilling this contract are to be put down in writing in this contract. Our Terms and Conditions of Purchase shall only apply towards companies in accordance with § 310 clause 4 BGB (German Civil Code).
  2. The stipulated prices are fixed prices. In the event that the prices have not yet been fixed at the time of placing the order, the Supplier is to indicate them prior to the delivery of the goods. In this case, we reserve the right of acceptance.
  3. Taxes, customs and other charges shall be borne by the Supplier, unless we have given our consent to bear the costs in our orders.
  4. We shall be entitled to offset payable claims. Our term of payment is at our free option, counted from the receipt of invoice and approval of the goods, either at 3% discount within 14 days or 30 days net, cheque/bill of exchange.
  5. The delivery period indicated in the order is binding. The Supplier is obliged to immediately notify us in written form in case circumstances occur or become evident which result in non-compliance with the agreed delivery period. In the event of default in delivery, we shall be entitled to demand a contractual penalty to the amount of 0.5% of the delivery value for each completed week, although not exceeding 5%. We shall be entitled to enforce a contractual penalty besides fulfilment of the contract; we oblige ourselves to declare the reservation of the contractual penalty to the Supplier within 10 working days at the latest, counted from the receipt of the delayed delivery. Further claims and rights are reserved.
  6. Premature delivery may only take place upon our approval. We are not obliged to accept partial, excess and short deliveries which have not been agreed upon.
  7. Our shipping regulations shall be strictly observed. Additionally incurred costs or losses resulting from non-compliance with them will be borne by the Supplier.
  8. The risk of transport will be borne by the contractor up to the arrival of the goods at the receiving centre. We will only bear the packaging and transport costs if this is explicitly made a note of on our order.
  9. We shall be obliged to examine the goods for possible quality and quantity deviations within an adequate period; the notice of defect is considered to be in time, if it arrives at the Supplier within a period of 5 working days, counted from the receipt of the goods or, in case of hidden defects, from their detection. We shall be entitled to the unrestricted statutory right to claim damages for defects; in each case, we shall be entitled at our free option to demand from the Supplier either removal of defects or delivery of new goods. The right to claim for damages, especially the right to claim for damages instead of performance is expressly reserved. We shall be entitled to remove the defect on our own at the Supplier's costs in case of imminent danger or special urgency. The term of limitation is 36 months, counted from the transfer of risks.
  10. The Supplier will be liable for consequential damage as well as for damage of third parties resulting from a defect of the delivered goods. Hidden defects can also be enforced after the warranty period has expired, immediately after their detection.
  11. In the event that the Supplier has not fulfilled his obligation of replacement delivery or removal of defects, we shall be entitled to withdraw from the contract and claim compensation for damages.
  12. The deliveries must comply with the German regulations. The Supplier shall inform us in case there is a protection of patent or utility models for the goods to be delivered. The Supplier will guarantee that the delivered goods do not infringe any domestic or foreign protective rights; otherwise he will be liable for the resulting damage to full extent.
  13. All drawings and documents enclosed in our orders and requests as well as models, templates, tools, gauges and samples assigned for the completion of orders remain our property; the Supplier will bear the risk of accidental destruction, loss, deterioration and damage. Goods that have been produced with the help of our documents, models, templates, drawings, tools, gauges and samples must not be delivered to third parties without our approval. All documents shall be returned unrequested immediately after completion or non-acceptance of the order. They must not be disclosed to third parties. We reserve the right to make the Supplier liable for damages resulting from a possible abuse of this kind.
  14. Place of performance for the delivery is our receiving centre, for payments Waldshut-Tiengen.
  15. The exclusive court of jurisdiction for legal disputes is Waldshut-Tiengen.
  16. Both the contract concluded with us and claims against us may neither wholly nor partially be transferred without our written consent.
  17. The relationship between the contractor and the client shall be subject exclusively to the law of the Federal Republic of Germany. UN Purchase Law shall be explicitly excluded.
  18. In the event that individual provisions of these terms of conditions are or become ineffective, the legal effectiveness of the remaining provisions shall remain unaffected by this. The contract parties shall be obliged to agree upon a new provision which comes as close as possible to the pursued aim of the void provision.

 

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