Our orders are based on the following conditions. The supplier accepts our purchasing conditions at the point in time of order confirmation, but no later than when the order is carried out. Any supplier delivery conditions that are enclosed or otherwise unknown to us do not apply unless we expressly confirm the validity thereof in writing. The same applies to any secondary agreements, which do not come into effect until we have agreed to them in writing.
The information about delivery dates and deadlines is binding. If the specified deadlines or dates are exceeded my more than one week, we shall be entitled to reduce the invoice price by 1 % per week or part of a week, but by no more than 10 %. If the supplier is responsible for the delay in delivery, we shall also be entitled to claim additional delay damages and withdraw from the contract after setting an appropriate period of grace, and/or refuse fulfilment and claim compensation due to non-fulfilment, including any consequential damage. If delivery delays occur, we must be notified thereof and the reasons for the delay as soon as they become known. This also applies if the supplier is not responsible for the delay, e.g. in the event of delivery delays caused by Acts of God. The subject of the contract must be packed in such a way as to avoid transport damage.
The supplier shall be responsible for the item to be delivered until it reaches the place of fulfilment. In the event of loss or damage to the item, the supplier must provide a replacement and shall be responsible for any compensation claims.
The supplier shall provide a two-year guarantee for proper delivery and defect-free materials. In the event of improper delivery, we have the choice of replacement delivery, price reduction or cancellation of contract; the right is also expressly reserved to claim compensation. We are also entitled to remedy defects ourself at the supplier’s cost or have them remedied by third parties, or procure them elsewhere in urgent cases. The time limit for claims for visible defects is two weeks, and for concealed defects the limit is three weeks after discovery. The deadline is deemed to have been complied with if the defect notification is sent within the relevant time limit.
Unless otherwise agreed, the prices include packing and delivery to our plant or the delivery address specified by us, free of charge. These are fixed prices, subsequent increases are ruled out.
Payment shall take place within 14 days of receipt of the invoice and the goods minus 2 % discount, or net within 30 days. The invoices/credit notes must contain the delivery date, our order number, commission (if applicable) and item numbers. With regard to our offsetting and retention rights from the business dealings with the supplier, the legal regulations according to §§ 273; 387 ff. BGB apply, and the assertion thereof against supplier invoices cannot be ruled out. Supplier claims against us, including all secondary rights, cannot be assigned to third parties without our express written permission.
If the supplier makes use of his right to reserve ownership of the supplied goods until the purchase price has been paid in full expressly and in writing, in the event of processing by us or the mixing of the supplied goods with goods from a different origin, the legal regulations according to §§ 947; 948 BGB shall apply with regard to the acquisition of ownership. According to this, we shall acquire sole ownership of the item which has been delivered to us and possibly processed by us upon payment of the full purchase price.
Information that we have provided and drawings or other documents that have been produced by ourselves or the supplier on the basis of this information may not be used or utilised elsewhere without our written permission. These documents and all of the knowledge that they contain must be kept secret from third parties, even after the end of the contract. The confidentiality obligation only expires when and provided that the knowledge contained within the documents becomes generally known.
The place of fulfilment if the respective delivery address that we have specified. Unless expressly otherwise agreed, the exclusive place of jurisdiction for both parties for any disputes arising from the delivery contract is Freiburg im Breisgau. The law of the Federal Republic of Germany shall exclusively apply to the delivery contract.
