1 Determing Conditions
- 1.1 Our purchasing conditions apply to all present and future business relations. Diverging, additional or adverse terms and conditions of a supplier to our purchasing conditions, even knowingly, shall not become part of the contract unless we have consented to their applicability in writing. Our purchasing conditions are even valid, if we accept the delivery of the supplier unconditionally in knowledge of the non-conforming or deviating conditions from our purchasing conditions of the supplier.
- 1.2 Modifications and amendments thereto, shall be made in writing. There are no oral side agreements.
- 1.3 Our terms and conditions of purchase shall only be applicable vis-à-vis entrepreneurs as defined by § 14 of the German Civil Code (BGB).
2 Offer - Offer Documents - Written Form
- 2.1 The Supplier is obliged to accept our order in writing within a period of 10 working days (Monday-Friday).
- 2.2 We reserve property rights and copyrights over all illustrations, drawings, calculations, and other documents; these may not be made accessible to third parties without our explicit consent in writing. They shall be used exclusively for the production based on our order; they must be returned to us immediately upon fulfilment of the order and without request. They are to be kept secret from third parties, inasmuch, the provision of these purchasing conditions as stated in clause 11 shall additionally apply.
- 2.3 Only orders placed in written form shall be legally binding. Purchase orders placed orally or by telephone require subsequent written confirmation to become legally binding.
- 2.4 The same applies for oral agreements and changes to the contract. Orders, delivery calls and amendments and supplements hereto may also be made by remote data transfer, if such was previously agreed in writing.
3 Prices - Dispatching - Packing
- 3.1 The price stated in the order shall be binding. If no other agreement is concluded, delivery shall include packaging 'free domicile' to the reception point stipulated by us.
- 3.2 We are entitled to set-off and retention rights to the extent provided for by law.
- 3.3 Each delivery shall be reported to us immediately after execution by means of a notification of dispatch. The dispatch documents must contain the data of the order including the order number, project name, position number and PMA number of the purchaser.
- 3.4 In the case of agreed staggered consignments the remaining quantity is to be indicated.
- 3.5 The risk of any damage, including accidental destruction or loss, shall therefore remain with the supplier until delivery to the Customer's desired delivery address or user location.
4 Correspondence - Issuing of invoices - Payment
- 4.1 The invoice shall be sent in duplicate - not be enclosed with the goods - to the customer following delivery. The invoice must contain the stated data of the order including order number, project name, position number and PMA number of the customer. For any and all consequences arising due to non-compliance with this duty particularly such as a delay or backlog only the supplier is responsible, unless he furnishes proof that he is not responsible for these consequences.
- 4.2 Invoices are to be submitted to us together with all related documentation and data after delivery separately and in due form. Faulty or incomprehensible invoices are considered received only upon correction or clarification.
- 4.3 We can only process invoices if according to clause 4.1. these show the order number stated therein.
- 4.4 Payment shall be effected net on receipt of invoice within a period of 30 days respectively within 14 days with 3% discount.
- 4.5 Insofar as confirmations or certificates have been agreed upon, e.g. certificates of inoffensiveness, certification of origin, certificates of material testing or other documentation, they shall constitute an integral part of the delivery and shall be forwarded with the invoice to us. They must be received by us at the latest 10 days after receipt of the invoice.
- 4.6 The term of payment shall not commence before the agreed certificate has been received.
- 4.7 In cases of advance payments, the supplier is required to supply suitable guarantee.
- 4.8 Deduction of discount is also permissible in case of set-off or assertion of a right of retention due to defects.