General Conditions of Purchase

Applicable in business dealings with companies, legal entities under public law and special funds under public law.

General
Our terms and conditions of purchase apply exclusively; we only recognize general terms and conditions of the supplier that contradict or deviate from our terms and conditions if we have expressly agreed to them in writing. The acceptance of goods or services from the supplier (hereinafter: subject of the contract) or their payment does not imply approval.

Conclusion of the contract and changes to the contract
Orders, acceptances, call-offs, delivery contracts and other legal transactions to be concluded between us and the supplier, as well as changes and additions to them, must be made in writing. Orders, acceptances and delivery schedules can, however, also be made via remote data transmission
Inquiries from us to the supplier are only invitations to the supplier to submit a request
Cost estimates are binding and not to be remunerated, unless something else was expressly stated
The supplier must confirm our order in writing immediately, at the latest within 3 days of receipt, otherwise we are to revoke our order
We can, within the framework of what is reasonable for the supplier, demand changes to the subject matter of the contract in terms of design and execution. The effects, in particular with regard to the additional and reduced costs as well as the delivery dates, are appropriate and mutually agreed. Changes by the supplier require our prior written approval in order to be effective.
The supplier is obliged to check drawings, calculations, specifications and other requirements by us personally within the framework of his general and special specialist knowledge for errors and contradictions and to report existing concerns to us in writing and to clarify them immediately.
The supplier bears the procurement risk for the
Delivery dates, transfer of risk and transport
The delivery dates and periods specified in the order or the delivery schedule are
Unless otherwise agreed, the delivery must be made to DDP Incoterms 2010 to us or to the place of delivery specified by us
The receipt of the contractual item and the shipping documents by us or the receiving point specified by us is decisive for compliance with the delivery date or the delivery period.
If the agreed dates are not met, the statutory provisions apply. If the supplier has difficulties with production, the supply of raw materials, compliance with the delivery date or similar circumstances that prevent him from delivering on time or in the agreed quality, the supplier must inform us immediately
The unconditional acceptance of the delayed delivery or service does not contain any waiver of the claims for compensation due to the delayed delivery or service; this applies until the payment owed by us for the delivery in question has been made in full
Partial deliveries are generally not permitted unless we have expressly agreed to them or they are for us
If the supplier has undertaken the installation or assembly and nothing else has been agreed, the supplier bears all necessary ancillary costs, such as travel expenses, provision of the
We reserve the right to refuse to accept the delivery at the expense of the supplier or to issue the invoice accordingly, both in the event of over- and / or under-deliveries of the quantities ordered and in the event of early delivery
The supplier has to accept the goods in a suitable manner
The supplier guarantees that the goods do not contain any substances that fall within the scope of the substance bans of EC Directive 2011765 / EU (RoHS). The supplier further assures that the substances contained in the goods and their use (s) are either already registered or that there is no registration requirement according to Regulation (EC) 1907/2006 (REACH Regulation) and that, if necessary, an authorization according to the REACH regulation is available. If necessary, the supplier will also prepare the safety data sheet in accordance with Annex II of the REACH regulation and make it available to us. If goods are delivered that are to be classified as dangerous goods in accordance with international regulations, the supplier shall notify us of this at the latest when the order is confirmed.
The supplier must support us appropriately in obtaining customs and other state privileges and will hand over the evidence and documents requested by us, in particular certificates of origin, for this purpose.
Force majeure
Force majeure, unrest, official measures or other unavoidable events release us and the supplier for the duration of the disruption

Applicable in business dealings with companies, legal entities under public law and special funds under public law.

1 scope:
These conditions of sale apply to companies, legal entities under public law and special funds under public law.

Our deliveries and services take place exclusively on the basis of the following conditions.

Our sales conditions apply exclusively. Deviating or additional conditions of the partner which are unfavorable for us will not become part of the contract even if we do not contradict them separately.

2 Offer and conclusion of contract:
Our offers are subject to change and non-binding, unless we have expressly designated them as binding in writing. Declarations of acceptance and orders by the customer, insofar as they qualify as an offer according to § 145 BGB, only become binding after our written order confirmation. We shall accept the purchaser’s orders within 5 working days of receipt of the order
The to our offer within the meaning of 2.1. Associated documents such as images, drawings, etc. as well as the resulting dimensions and weights are only approximate unless we have expressly designated them as binding in writing. The same applies to instructions for use. Usual trade tolerances remain within the scope of what is reasonable for the customer
We reserve the right of ownership and copyrights to all documents provided to the customer in connection with the placing of an order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we have given our written approval. Insofar as we do not receive the offer from the customer within the period specified in Section 2.1. accept the specified deadline, these documents must be returned to us immediately
3 Prices and terms of payment:
Unless otherwise expressly agreed in writing, our prices apply ex works excluding packaging and plus sales tax at the applicable rate. Packaging costs are billed separately
The purchase price is to be paid net within 10 days of delivery. Interest on arrears is 9% above the base rate of the European Central Bank Arrears occur in accordance with Section 286 of the German Civil Code (BGB). The assertion of a higher damage caused by default remains reserved.
4 Offsetting and rights of retention:
The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

5 delivery time:
Delivery times are generally non-binding and approximate. In case of doubt, the delivery period begins with the dispatch of the order confirmation
Compliance with deadlines for deliveries presupposes the timely receipt of all documents to be supplied by the purchaser, necessary permits and releases, in particular of plans, as well as compliance with the agreed terms of payment and other obligations by the purchaser. If these requirements are not met in a timely manner, the deadlines will be extended accordingly; this does not apply if we are responsible for the delay
If we are culpably in default of delivery, the customer can – provided he can prove that he has suffered damage as a result – demand compensation for each completed week of delay of 0.1% in total, but not more than 5% of the net price for the part of the delivery, which are not put into appropriate operation due to the delay
Both claims for damages by the customer due to delay in performance and claims for damages in lieu of performance that go beyond the limits set out in section 5.3. The limits mentioned are excluded in all cases of delayed delivery after the expiry of a delivery deadline that we may have set. This does not apply if liability is mandatory in cases of willful intent, gross negligence or due to injury to life, limb or health.
The customer can only withdraw from the contract within the framework of the statutory provisions if we are responsible for the delay in delivery.