General purchasing conditions
- Validity of the conditions of the client
These purchasing conditions are appropriate and apply exclusively for all orders. Contradicts or additional conditions of the contractor one contradicts. They apply only, if the client explains itself in writing and expressly with them or in agreement with parts of it.
- Order of rank
Apply to kind and range of the mutual achievements in following order: the regulations of the order, the further conditions as per contract specified in the order as well as special and general technical conditions, these general purchase regulations.
- Orders require writing form. They are also protected during the transmission on the way of the electronic data communication. Verbal special agreements for order are obligatory only if they are confirmed in writing by the client. This applies also to subsequent changes and additions.
- The order is to be confirmed within 10 working-days by the contractor legally.
- Changes and/or extensions of the scope of supply, which prove during the execution necessarily, the contractor will immediately in writing, indicate to that client.
- Suggestions for improvement client the contractor will examine within eight days for its possible consequences and will communicate to that in writing client the result. In particular the effects are on the technical execution to point the costs and the time schedule out. Decides the client for the execution of the changes the Contracting Parties the contract will accordingly adapt.
- Delivery time
- The dates of the supply indicated in the order are binding. The contractor is obligated to inform the client immediately in writing if circumstances occur or it admits to it becomes from which arises that the agreed upon date cannot be kept.
- To being missing more necessarily, of client supplying documents, can appoint itself the contractor only if it did not receive these documents despite written warning within appropriate period.
- Regulations for the implementation
- The contractor furnishes its supplies after the conditions of the technology. It has to fulfil in the Federal Republic of Germany to consider judicial decisions and the technical rules, standards and guidelines to valid laws and regulations as well as the editions of the authorities to put in at the time of the conclusion of a contract the valid version to reason.
- To any drafts for new or regulations which can be changed must be referred. Change between contract conclusion and acceptance if these regulations and decisions or the state of the art and has this substantial influence on the work, the contractor will inform the client immediately in writing about the changes and the associated according to schedule and cost-related consequences. The client within an appropriate period on the changes will then decide.
- As far as newer realizations and/or doubts of the contractor oppose the guidelines and regulations, the client to be informed in time in writing and the contract if necessary to be accordingly adapted is.
- The contractor is entitled to partial deliveries in principle only with written agreement client.
- The contractor takes care of the completeness and material correctness from it to providing documents and computations as well as their unrestricted suitability in the context of the contract purpose.
- As far as ex work supply is agreed upon, the transportation facilities most favourable for the client are to be selected, if not expressly determined transport regulations to the CL indicated. The shipments are to be packed in such a way that transport damages are avoided.
- Apart from the shipping address the order data are to be indicated in shipping documents.
- The contractor bears the costs resulting from maladministration of shipments, if he takes over the transport or has to represent the maladministration of transport.
- Notice of defect
In the case of the supply of goods, which must examine the client in accordance with § 377 HGB, the period amounts to for the investigation of the commodity and for the claim of an open lack 12 working-days would receive off the supply. The claim period with hidden lack amounts to 12 work days starting from discovery of the lack.
- Passage of the risk
The danger turns into only on the client, after the supplies are removed from that from it client handed over or.
- Weights / quantities
In the case of weight deviations the weight determined during the entrance message by the client applies; if not to the contractor prove that the weight computed by it was determined correctly according to a generally recognized method. Similarly this applies also to quantities.
- Requirements for lack
- To that client are entitled the legal requirements for lack unabridged. They fall under the statute of limitations in accordance with the laws. The client can as fulfilment for its choice the removal of the lack or the supply of a faultless thing and/or the production of one new work require. The fulfilment takes place in agreement with the contractor with consideration of the operational interest client.
- If parts are changed contractual item in the context of the requirements for lack or replaced by different parts, then the appropriate spare and spare parts at costs of the contractor are to be changed or replaced.
- In the case of the resignation is entitled the client to use the achievements of the contractor free of charge up to the procurement of a suitable replacement further. The contractor bears the costs of the dismantling and/or the removal and the return freight in the case of the resignation and takes over the disposal.
- Prices and accounting
- The prices specified in the order are fixed prices including all deductions and additional cost, plus legal value added tax.
- The invoices in duplicate are to be sent after effected shipment – separately according to orders – to the billing-address, which is indicated in the order; order numbers are to be indicated, all account documents are to be attached.
- Invoices for partial shipments are to be provided with the note “partial shipment”.
- Each invoice must prove the legal value added tax separately. Original invoices may not be attached to the goods delivery.
- Secrecy and data security
- The contractor is obligated, all information, which he receives at the time of the execution of the contract to treat confidentially.
- The contractor is obligated to consider the legal regulations over the data security including the written obligation of workers after § 5 Federal Law for Data Protection.
- All of CL handed over documents remains property to the client. They may not be made accessible third party and after the execution of the contract completely and without being asked to be returned to the client.
- Contract-language/applicable right/area of jurisdiction
- Contract language is German. It applies German right.
- So far the contractor in the sense of the commercial code, legal entity of the public right or public legal special estate is, is the seat of the client exclusive area of jurisdiction for all itself from the contractual relation indirectly or directly resulting in disputes. Beyond that the client is justified to complain before the court which is responsible at the seat of the contractor.