Our purchasing conditions apply exclusively. We do not recognize conflicting or deviating conditions unless we have expressly agreed to their validity in writing. Our purchasing conditions also apply if we were aware of conflicting or deviating conditions from our purchasing conditions, or if we accept them without reservation.
All agreements that are made between us and the contractual partner for the purpose of executing this contract must be set out in writing in this contract.
Our terms and conditions of purchase only apply to entrepreneurs in accordance with Section § 310 (4) BGB.
Our purchasing conditions also apply to future business with contractual partners.
The contractual partner undertakes to confirm our order within a period of 2 working days.
We reserve property rights and copyrights to illustrations, drawings, calculations and other documents; they may not be made accessible to third parties without our express written consent. They are to be used exclusively for production based on our order; After the order has been processed, unless otherwise agreed, they are to be returned to us unsolicited or to be disposed of without leaving any residue. They are to be kept secret from third parties, in this respect the regulation of Section 9 Para. (4).
The price shown in the order is binding. Unless otherwise agreed in writing, the price includes delivery “free domicile”, including packaging. The provisions of the packaging ordinance must be observed.
The legal value added tax is not included in the price.
We can only process invoices if they can be clearly assigned to our order references. The contractual partner is responsible for all consequences arising from non-compliance with this requirement, unless he can prove that he is not responsible for them.
Unless otherwise agreed in writing, we will pay the purchase price within 14 days of complete delivery and receipt of the invoice, with a 3% discount or within 30 days of receipt of the invoice net.
We are entitled to set-off and retention rights to the extent permitted by law.
The delivery time specified in the order is binding.
The contractual partner is obliged to inform us immediately in writing if it can be seen that the agreed delivery date cannot be met.
In the event of a delay in delivery, we are entitled to assert claims for damage caused by this in accordance with the statutory provisions. The contractual partner has the right to prove to us that no damage or significantly less damage has occurred as a result of the delay.
Unless otherwise agreed in writing, delivery must be made free domicile.
The contractual partner is obliged to state our order references exactly on all documents relating to our order; if he fails to do so, we are not responsible for delays in processing.
We are obliged to check the goods for any quality and quantity deviations within a reasonable period of time; A complaint is timely if it is received by the supplier within a period of 5 working days from receipt of the goods or, in the case of hidden defects, from their discovery.
We are entitled to the full statutory claims for defects; In any case, we are entitled to demand that the contractual partner rectify the defect or deliver a new item, as we choose. The right to compensation, in particular compensation instead of performance, is expressly reserved.
We are entitled to remedy the defect ourselves at the expense of the contractual partner if there is imminent danger or if there is particular urgency.
The limitation period is 36 months, calculated from the transfer of risk.
Insofar as the contractual partner is responsible for product damage, he is obliged to exempt us from claims for damages by third parties upon first request insofar as the cause is within his sphere of control and organization and he is himself liable in the external relationship.
As part of his liability for damage within the meaning of para. (1) the contractual partner is also obliged to reimburse any expenses in accordance with §§683, 670 BGB or §§ 830, 840, 426 BGB that result from or in connection with a recall campaign carried out by us. We will inform the contractual partner – as far as possible and reasonable – about the content and scope of the recall measures to be carried out and give them the opportunity to comment. Other legal claims remain unaffected.
The contractual partner undertakes to maintain product liability insurance with a coverage of € 5 million per personal injury / property damage – flat rate; if we are entitled to any further claims for damages, these remain unaffected.
The contractual partner guarantees that no third party rights within the Federal Republic of Germany are violated in connection with his delivery.
If claims are made against us by a third party in this regard, the contractual partner is obliged to release us from these claims upon first written request; we are entitled to make agreements with the third party – without the consent of the contractual partner – in particular to conclude a settlement.
The contractual partner’s obligation to indemnify relates to all expenses that we or in connection with claims by a third party necessarily accrue.
The limitation period is ten years from the conclusion of the contract.
If we order something from contractual partners, we reserve title to it. Processing or transformation by the contractual partner will be carried out for us. If our reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of our item (purchase price plus VAT) to the other processed items at the time of processing.
If the item provided by us is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved item (purchase price plus VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the contractual partner’s item is to be regarded as the main item, it is agreed that the contractual partner transfers proportional co-ownership to us; the contractual partner keeps the sole ownership or the joint ownership for us.
We reserve title to tools; the contractual partner is obliged to use the tools exclusively for the production of the goods we have ordered. The contractual partner is obliged to insure the tools belonging to us at replacement value at their own expense against fire, water and theft. At the same time, the contractual partner hereby assigns all claims for compensation from this insurance to us; We accept the assignment. The contractual partner is obliged to carry out any necessary maintenance and inspection work on our tools as well as all maintenance and repair work in good time at their own expense. We must immediately notify us of any malfunctions; if he fails to do so, claims for damages remain unaffected.
The contractual partner is obliged to keep all images, drawings, calculations and other documents and information received strictly confidential. They may only be disclosed to third parties with our express consent. The confidentiality obligation also applies after this contract has been completed; it expires if and to the extent that the manufacturing knowledge contained in the provided illustrations, drawings, calculations and other documents has become generally known.
Insofar as we are given in accordance with para. (1) and / or para. (2) If the security interests to which we are entitled exceed the purchase price of all of our unpaid reserved goods by more than 10%, we are obliged to release the security interests at our discretion at the request of the contractual partner.
Insofar as the contractual partner carries out work on our factory premises in fulfillment of the contract, he and the persons employed by him must observe the provisions of our company regulations. The existing regulations for entering and leaving the site must be observed.
The contractual partner undertakes to comply with all regulations and guidelines issued by the legislator, the supervisory authorities, the VDE trade association and other institutions with regard to execution, accident prevention and environmental protection.
We are entitled to set off all claims that we have against the contractual partner against all claims that the contractual partner has against us.
The contractual partner may only offset claims against claims on our part with undisputed or legally established claims.
Rights from our contracts may only be assigned to third parties with mutual consent.
If the contractual partner is a merchant, our place of business is the place of jurisdiction; however, we are entitled to sue the contract partner at his place of residence.
Unless otherwise stated in the contract, our place of business is the place of performance.
The relationship between us and the contractual partner is exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.