1. Validity of the purchasing conditions
Our conditions of sale apply exclusively. We do not recognize any conditions of the customer that conflict with or deviate from our terms of sale or supplement these, unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation, knowing that the terms of the customer conflict with or differ from our terms of sale. All agreements made between us and the customer for the purpose of executing this contract are laid down in writing in this contract. Additions or changes must be made in writing.
Only our written order or order confirmation is decisive for the scope and content of the contractual services. The agreement of deviations from our order requires our express written confirmation. Verbal collateral agreements are only effective if they are expressly confirmed by us in writing. Changes or additions to the contract must be made in writing.
3. Order Confirmation, Delivery Note & Invoice
The supplier must issue an order confirmation no later than two weeks after receipt of our order, which expressly states the price and delivery date. The supplier must enclose delivery notes with every shipment and must contain our order number. The invoice must be sent to firstname.lastname@example.org or sent by post. The respective status of the order must be stated on the invoice.. The description of the delivered goods must exactly match the one used in the order. The invoice must contain the delivery note number, the description or number on the goods or their packaging, the number of items invoiced, the gross and net weight, the date of the order and our order number. Invoices for partial deliveries or delivery on call may only be submitted with the respective individual delivery at the earliest
4. Transport, Transfer of Risk & Packaging
Deliveries are made free of charge to the works in Germany in 37339 Gernrode at the expense of the supplier. If, in exceptional cases, we have to carry the freight, the supplier must choose the mode of transport stipulated by us, otherwise the mode of transport and delivery that is cheapest for us. Delivery is at the risk of the supplier if we do not have the goods picked up by us. The risk only passes to us upon proper delivery of the goods at the place of destination. The packaging is included in the price. If exceptionally agreed otherwise, the packaging must be calculated at cost price.
5. Delivery Time
The agreed delivery times are binding. They start from the date of the order. The goods must have arrived at our plant in 37339 Gernrode in Germany within the delivery period. If delays are expected, the supplier must inform us of this immediately in writing. If the supplier is in default, we can, at our discretion, demand the fulfillment of the contract and compensation for the damage caused by the delay or, after setting a reasonable grace period, withdraw from the contract or demand compensation for non-fulfillment. If the supplier is in default, we have the right to demand a contractual penalty in the amount of 0.5% of the order value per week started, up to a maximum of 5% of the order value. By asserting the contractual penalty, further rights, in particular claims for damages, are not excluded. The contractual penalty is to be counted against our claim for damages. We are not obliged to accept before the expiry of the delivery date.
6. Delivery in Part Quantities & On Call
The supplier is not entitled to fulfill orders in partial deliveries. If delivery in partial quantities or on call has been agreed, we can withdraw from the contract without setting a grace period if the supplier defaults on a partial delivery or a partial delivery is defective. We reserve the right to make further claims for damages.
Unless there is a special agreement, payment will be made after the goods and the invoice have been received in full. We pay invoices within 30 days with a 3% discount or net within 90 days of receipt of the invoice.
The warranty period is 12 months from the transfer of risk. Notifications of defects are timely, if we indicate externally recognizable lack within 2 weeks after receipt of the commodity, hidden defects within 2 weeks after discovery. After coordination with the supplier or in urgent cases of operational safety or impending disproportionately high damage or if the supplier is in arrears with the remedy of the defect, we have the right to have the defect remedied at the supplier’s expense or by third parties. We will inform the supplier immediately in these cases. In any case, we can rectify minor defects or have them rectified immediately at the supplier’s expense. We will report the type and scope of these defects and the repair work carried out to the supplier at his request. Suppliers of machines, vehicles and other objects with spare parts need to supply us with original spare parts, original accessories and tools even after the warranty period has expired, as long as the delivery item is in operation with us. The prices may not be increased because the supplier has given up series production of the delivery item. We cannot be referred to the use of the customer service set up by the supplier.
9. Third Party Property Rights
The supplier is liable without fault for the delivered objects and their use not violating third party property rights.
Strikes, lockouts, unforeseeable operational disruptions or restrictions and similar events that make the fulfillment of the contract impossible or unreasonable for us are considered force majeure and release us from the obligation to take delivery in good time for the duration of their existence. If these obstacles last for more than four months, we have the right to withdraw from the contract.
11. Drawings & Models
Drawings, samples and models that we have given to the supplier remain our property and may not be used for other purposes or made available to third parties. You are unsolicited after completion of our request or order to return.
12. Energy management system
Our company has implemented an energy management system. It is very important to us to continuously improve our energy use and to reduce our energy consumption. For this reason, we point out to our manufacturers and suppliers that the evaluation of goods and services is fundamentally based on energy-related performance.
13. Place of fulfillment, place of jurisdiction and choice of law
The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with delivery contracts, bills of exchange or checks is 37339 Gernrode in Germany. We have the right to sue at the supplier’s location. The legal relationship between us and the contractor is subject to the law of the Federal Republic of Germany.