Purchasing Terms
1. General information
These Terms and Conditions of Purchase apply to all business dealings with our suppliers or other contractors (hereinafter collectively referred to as the “Supplier”). These Terms and Conditions of Purchase also apply to all future business relationships, even if this is not expressly agreed again.
These General Terms and Conditions of Purchase apply mutatis mutandis to services and services of a contractual nature.
These Terms and Conditions of Purchase apply exclusively; we do not recognise any terms and conditions of the Supplier that conflict with or deviate from these Terms and Conditions of Purchase, unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Purchase shall also apply if we accept the Supplier’s delivery without reservation, despite being aware of terms and conditions of the Supplier that conflict with or deviate from our Terms and Conditions of Purchase.
2. Quotations
Are only to be made free of charge and without being binding upon us.
3. Purchase Orders
Only purchase orders placed in writing and signed shall be valid. By accepting the purchase order, the supplier declares their agreement with these purchasing terms, even if the confirmation is based on any conflicting terms of sale. Purchase orders, amendments, supplements, and the like that are placed orally, on the phone, or by telegraph shall require our subsequent written confirmation to be valid. Mechanically manufactured parts shall require a supplier marking that will be created together.
4. Prices
The purchase order shall be based on prices agreed in advance. They shall then be deemed fixed prices. If no prices have been agreed beforehand in an exception, this shall be indicated in the order confirmation; in this case, we reserve the right of final confirmation.
5. Shipping
Unless otherwise agreed, all items are to be delivered free our works, including packaging free of charge. However, if the packaging remains the supplier's property and is invoiced, we shall be credited for the full packaging value if it is returned carriage paid. The official railway weight shall be used for calculating weights. Every consignment must be accompanied by delivery notes, packing slips, or other goods-accompanying notes that must contain a detailed overview of the contents as well as our purchase order number and the order number. On top of this, a drawing and a corresponding test certificate shall be enclosed in the case of mechanically manufactured parts. The weight of shipments by weight shall be documented towards us by way of official weighing cards. If nothing special is indicated, the goods shall be dispatched to our address Parcel services, mail, truck, car, messenger: D-40880 Ratingen, Am Rosenkothen 4-12.
In any case, the supplier shall be obligated to choose the mode of transport that is most cost-effective for us and to ensure that the goods shipped are insured. The only exception to this shall be if we indicate in writing that we are taking out insurance on our own. The consignments shall travel at the supplier's risk.
6. Order Confirmation
Every order is to be confirmed by the supplier without undue delay, and at the latest within one week, following receipt of our purchase order. If this period is exceeded, we shall be entitled to withdraw the purchase order.
7. Invoices
Invoices shall be sent to us in duplicate, separately from the consignment. They must include our purchase order number and indicate the precise shipping date.
8. Payment Terms
Payments shall be made in cash or in means of payment of our choice either
a) 14 days after receipt of invoice, subject to 3% discount, or
b) 3 months after receipt of invoice net.
c) Shipments sent cash on delivery: generally by rail or against advance payment. Complaints
concerning the delivery shall entitle us to withhold any due payments.
9. Warranty
The supplier shall provide warranty for the delivered items having the properties represented by the supplier and not being subject to any defects that reduce or destroy the value or suitability for their regular use, or the use assumed based on the purchase order for a period of one year following their use, even without timely notice of defects.
Notwithstanding the resulting statutory claims, we may, at our discretion, demand that the defect be remedied free of charge or that a defect-free item be delivered free of charge. If the supplier defaults on their obligations under the warranty, we shall also be entitled to procure a replacement at the supplier's expense. Any hidden defects shall
entitle us to demand compensation for materials and wages expended in vain. We shall be entitled to claim damages for non-performance in the event of negligent conduct on the supplier's side, also if we are held liable for compensation due to the supplier's defective delivery. Goods not delivered in accordance with the contract shall be
returned at the supplier's expense and risk. If the deliveries are repeatedly not performed in compliance with the agreement, we shall be entitled to withdraw from the agreement.
10. Means of Production
We shall retain title in any models, samples, tools, drawings, and other aids that are provided by us. They must not be sold to any third parties without our consent, and they shall be returned to us free of charge and without prompting following production of the order. Objects that are produced with the help of such means of production
must not be sold to any third parties either. All items provided to the supplier shall be insured by the supplier against the risk of fire and theft free of charge for us as long as they are in the supplier's possession.
11. Property Rights
The supplier shall be responsible for ensuring that their delivery does not infringe any domestic or foreign third-party industrial property rights.
12. Protective Devices
All units, hydraulic finished parts, machines, etc. must be supplied with the legally stipulated protective devices and comply with their regulations.
13. Business Secret - Advertising
The supplier is obligated to treating our purchase orders and all related commercial and technical details as business secrets. The business relationship with us must only be mentioned in the supplier's advertising with our written consent.
14. Place of Performance Jurisdiction
The place of performance for all obligations shall be Ratingen, except where otherwise agreed in writing. The place of jurisdiction for any disputes shall be the court competent for Ratingen.