General conditions of purchase

Conditions of purchase

1. Terms and conditions of purchase
The present terms and conditions of purchase apply to all our business dealings with the Supplier even if no reference is made to them in subsequent orders. They apply even in cases where the Supplier draws attention to its own terms and conditions, unless we have agreed to these expressly in writing. If we make no comment on the Supplier's deviating terms, they shall be deemed rejected. The confirmation or performance of our order shall be deemed acceptance of the present terms and conditions of purchase.
 

2. Placement of order
Our orders will be placed in writing. Obvious errors or mistakes in spelling or calculation shall not be binding on us. Verbal covenants and different terms and conditions of the Supplier shall apply only if we have confirmed them in writing.
Execution of contracts and amendments to the contract must be in writing. The simple electronic form (Article 127 par. 2 BGB (the German Civil Code) is no acceptable substitute for the written form. What is required here is the qualified electronic form (Article 126 a BGB).


3. Delivery
Deliveries must be acknowledged by us, i.e. our incoming goods department. Acknowledgements of delivery must contain a full description of the delivered goods such as quantity, weight, designation, etc. and specify the receiving department and the destination address. Risk is transferred to us at the receiving department upon our acceptance of the goods.

3.1. Long-term Supplier Declaration for preferential pricing
Once a year, when requested, the Supplier shall draw up a Long-term Supplier Declaration. It shall be liable for the accuracy of the information given in such Declaration.


4. REACH and RoHS directive
We expressly point out that only goods that comply with the currently valid RoHS and REACH directives may be sent to us.


5. Delivery lead time
If the Supplier encounters any difficulties in manufacturing or in the procurement of materials, or if circumstances occur which are beyond the Supplier's control which are likely to prevent it making delivery to schedule in the specified quality, then the Supplier must inform our purchasing department without delay.

After expiry of a set period of grace, we shall have the right to procure a substitute or a remedy from a third party at the Supplier's expense. This, however, does not release the Supplier from further damages claims on grounds of its failure to adhere to delivery lead times.


6. Withdrawal
In cases of force majeure or other events beyond our control, we may cancel the contract either wholly or in part, or require performance at a later date without the Supplier being entitled to claim damages against us on account of such events.


7. Prices
The agreed unit or lump-sum prices are firm prices and preclude additional charges of any kind whatsoever. Nor do bigger or smaller dimensions than those specified for items give any justification for changing the unit or the lump-sum price.


8. Warranty
The Supplier gives warranty that its deliveries and services are free of defects. Unless otherwise agreed, the warranty period shall be two years. The warranty period commences with the transfer of risk to our customer or on our customer's acceptance. The Supplier waives the right to a defence on grounds of lateness of a complaint of defect.


9. Severability
The contractual agreements and provisions remain fully in force even if particular parts become legally void.


10. Court of jurisdiction
10.1. The present terms and conditions and the entire contractual relationship between manufacturer and Supplier are subject to the laws of the Federal Republic of Germany. Application of the UN convention on international purchases is barred.
10.2. To the extent permitted by law, Tuttlingen shall be the exclusive place of jurisdiction for all litigation arising directly or indirectly from the present contractual relationship.