contracting

We order on the basis of our purchasing conditions. Other conditions are not part of the contract, even if we do not expressly object to them. If we accept the delivery or service without express objection, it can in no case be inferred from this that we have accepted the supplier's terms of delivery.

Contracts of all types, as well as their amendments and additions, must be made in writing. Verbal agreements only bind us if they are confirmed by us in writing.

Correspondence must be conducted with the appropriate purchasing department. Agreements with other departments, insofar as changes are to be made that change the points specified in the contract, require express written confirmation by the ordering purchasing department in the form of an addendum to the contract.

Regardless of whether an order is placed or not, no remuneration or compensation is granted for visits or preparation of offers, projects, etc.

Prices, shipping, packaging

The agreed prices are fixed prices. They include everything that the contractor has to do to fulfill his delivery obligation at the agreed place of receipt, including packaging and freight. We reserve the right to return any packaging that is still in good condition and to deduct it from the invoice at 2/3 of the calculated amount.

Shipping is at the supplier's risk. The risk of any deterioration, including accidental loss, remains with the supplier until delivery to the shipping address or place of use desired by us.

The goods must be insured against transport damage. The supplier bears the costs of transport insurance.

Performance of the service

The contractor is obliged to comply with the applicable trade supervisory regulations applicable to the safety of employees and to the order object, the accident prevention regulations of the professional association responsible for the place of fulfilment and the immission limitation regulations applicable to the order object and to the place of fulfilment. The contractor releases the customer and his local construction manager from public and private law claims that are made against him as a result of any violation of these regulations.

All parts and materials for which there are factory or relevant German standards or regulations must comply with them, taking precedence over factory standards. Without prejudice to the contractor's warranty obligation, the customer has the right to check the production in the contractor's workshops at any time and to object to improper execution.

Invoicing and payment

Invoices must be sent to us in duplicate when the goods are shipped, but separately from them.

Order number (best. -No., Kred. No., best. - Date) and the number of each individual order item must be specified. As long as this information is missing, invoices are not payable.

Payments are made unless otherwise agreed:

within 10 days with a 3% discount
or 30 days 2%
or 60 days net

The payment period begins as soon as the delivery or service has been provided in full and the duly issued invoice has been received.

Cash discount is also permitted if the customer balances or withholds payments in an appropriate amount due to defects; the payment period begins after the defects have been completely remedied.

Transfer of orders to third parties

The transfer of orders is prohibited without the written consent of the customer and entitles the customer to withdraw from the contract in whole or in part and to claim compensation.

cession

Without our express consent, the contractor may not transfer his contractual claims in whole or in part to third parties.

Delivery date, delay in delivery, force majeure

The agreed dates are binding. The receipt of the goods by the place of use specified by us or the timeliness of successful acceptance is decisive for compliance with the delivery date or delivery period.

If the supplier recognizes that the agreed deadlines cannot be met for any reason, he must immediately notify us in writing, giving the reasons and the duration of the delay.

The supplier is obliged to compensate us for all indirect and direct damage caused by delay. Acceptance of late delivery or service does not include a waiver of compensation claims.

In the event of default, the customer is entitled to claim compensation for delay without proof of damage instead of asserting the rights to which he is entitled by law. This amounts to a maximum of 5% of the order value for each full week of delay.

If the agreed deadlines cannot be met due to circumstances for which the supplier is responsible, after expiry of a reasonable period of grace set by us, we are entitled, at our option, to claim compensation for non-performance or to obtain compensation from a third party or to withdraw from the contract.

Force majeure within the meaning of the German Civil Code releases the contractual partners from performance obligations for the duration of the disruption and to the extent of its effect. The contracting parties are obliged to provide the necessary information immediately, as far as is reasonable, and to adapt their obligations to the changed circumstances in good faith.

Should the force majeure persist for longer than 6 months, the partner who is accused of the force majeure may withdraw from the contract.

Place of Fulfilment

Unless otherwise expressly agreed, the place of performance for the delivery obligation is the shipping address or place of use provided by us.

weights

The weights calculated by us are decisive for the calculation.

Insofar as dimensional or weight tolerances are possible, the requirements of the DIN standards apply.

Guarantee/Guarantee

The supplier guarantees that all objects delivered by it and all services provided by it comply with the latest state of the art, the relevant legal provisions and the regulations and guidelines of authorities, professional associations and trade associations.

Delivery/service defects reported during the warranty or warranty period, which include failure to fulfill guaranteed data and lack of warranted features, shall be remedied by the supplier immediately and free of charge upon request, including all ancillary costs and, at our option, by repairing or replacing the defective parts. The defect must be remedied immediately.

Further claims, in particular for conversion, reduction and/or compensation, remain unaffected.

If the supplier does not comply with his warranty or warranty obligation within a reasonable period set by us, we may take the necessary measures ourselves or have them taken by third parties at his expense and risk, without prejudice to his warranty obligation.

Repairs can be carried out at the contractor's expense without setting a deadline if delivery takes place after the delay has occurred and the customer has an interest in immediate rectification due to avoidance of his own delay or other urgency.

The warranty period is 12 months, unless otherwise expressly agreed. It begins with the handover of the delivery item to us or the third party named by us at the place of use prescribed by us.

For devices, machines and systems, the warranty period begins with the acceptance date, which is stated in the written acceptance declaration from our purchasing department.

If we are claimed due to violation of official safety regulations or due to domestic or foreign legal product liability provisions due to a defectivity of our product that is attributable to a product from the supplier, then we are entitled to demand compensation from the supplier for this damage insofar as it is caused by his products.

When making deliveries, the contractual partner complies with the applicable legal regulations of the European Union and the Federal Republic of Germany, e.g. the REACH Regulation (Regulation EC No. 1907/2006).

The contractual partner will immediately inform us of relevant changes to the goods, their ability to deliver, use or quality caused by legal regulations, in particular the REACH regulation, and will coordinate appropriate measures with us in individual cases. The same applies as soon as and insofar as the contractual partner recognizes or should have recognized that such changes could occur. There is no obligation on the part of the buyer (downstream user) to (pre) register the delivered goods.

Tools, shapes, patterns

Tools, forms, samples, models, profiles, drawings, standard sheets and print templates provided by the customer, as well as objects manufactured therefrom, may neither be passed on to third parties nor used for purposes other than the contractual purposes without the written consent of the customer. They must be secured against unauthorised access or use. Subject to further rights, the customer may demand their surrender if the contractor breaches these obligations.

In advertising material, the contractor may only refer to the legal connection with us after we have given written consent.
 

Intellectual property rights, confidentiality

The contractor is liable for ensuring that his performance and use in accordance with the contract does not infringe a patent or other property right that has been filed or interpreted. The same applies to the manufacture of spare parts, the carrying out of changes and repairs to the object of service carried out by the customer or by third parties commissioned by him.

The contractor undertakes to keep all undisclosed commercial and technical details that become known to him as a result of the business relationship confidentially and not to make them available to third parties. He must inform his subcontractors accordingly.

Jurisdiction

The place of jurisdiction is Siegen. We also reserve the right to sue at the supplier's registered office.

Applicable law

The law of the Federal Republic of Germany applies. The provisions of the Hague Agreements on international sales contracts do not apply.

Partial invalidity

Should individual provisions of these terms and conditions be invalid in whole or in part, the rest of these conditions shall remain fully effective