Terms and conditions of purchase

1. Scope

Our orders are subject to the terms and conditions set out below. The Supplier shall acknowledge our terms and conditions of purchase with the order confirmation, at the latest, however, once the order is executed. The Supplier’s terms and conditions of delivery of the Supplier that may be attached or otherwise unknown to us shall not apply unless we expressly confirm their validity in writing. The same applies to any  subsidiary agreement that shall only come into force upon our written confirmation.


2. Delivery, delivery periods, delivery dates, packaging

Delivery date and delivery period details have binding force. If the stated periods or dates are exceeded by more than one week, we shall be entitled to reduce the invoice price by 1% for each week of delay or part thereof, at most, however, by 10%. If the Supplier is responsible for the delivery delay, we shall also be entitled to claim further damages caused by the delay and, after setting a reasonable additional period, withdraw from the contract or refuse execution and claim damages for non-performance, including any consequential damages. If delivery delays occur, we are to be informed without delay, once knowledge of such delays is gained, by stating the reasons. This also applies if the Supplier is not responsible for the  delivery delay, e.g. delivery delays caused by force majeure. The subject matter of contract is to be packed in such a way that transport damage is avoided.


3. Sales shipment

The Supplier shall be responsible for the items to be delivered up until they are delivered to the place of performance. In the event of loss of or deterioration in the goods, the Supplier shall be liable for compensation and any further claims for damages.


4. Warranty

The Supplier shall provide a two-year warranty for proper delivery and fault-free material. In the event of an improper delivery, we may, at our discretion, demand replacement delivery, a reduction in price or cancellation of the contract. Furthermore, we expressly reserve the right to assert further claims for damages. We are also entitled to rectify defects ourselves at the Supplier‘s expense or have them rectified by a third party or, in urgent cases, procure replacement elsewhere. The notification period for obvious defects is two weeks. In the case of hidden defects, it is three weeks after they have been identified. Sending the notification of defects in good time is deemed sufficient in respect of safeguarding the period.


5. Prices

In the absence of express agreements to the contrary, prices are understood to include packaging and carriage paid delivery to our works or the delivery address stated by us. They are fixed prices. Subsequent increases are excluded.


6. Payment

Payment is to be made within 14 days of receipt of invoice and goods subject to a 2% discount or net cash within 30 days. The delivery date, our order number and, where applicable, the commission and product numbers, are to be stated in invoices/credit notes. The statutory provisions in accordance with Sections 273; 387 et seq. BGB (German Civil Code) apply to our set-off and retention rights resulting from business transactions entered into with the Supplier. Their validity in relation to the Supplier’s invoice claims cannot be excluded. The Supplier’s claims against us, including all ancillary rights, may not be assigned to third parties without our express written consent.


7. Reservation of title

If the Supplier expressly exercises its right in writing to retain ownership of the delivered goods up until the purchase price has been paid in full, the statutory provisions of Sections 947; 948, BGB, shall apply with regard to the acquisition of title in the event of processing and treatment by us or mixing of the delivered goods with goods of a different origin. Accordingly, we shall acquire sole ownership of the delivered goods, and any goods we may process, at the latest upon payment in full of the purchase price.


8. Property rights, secrecy

Information we make available and drawings or other documents prepared by us or the Supplier based on such information may only be otherwise used or utilised with our written consent. In dealings with third parties, secrecy is to be maintained regarding these documents and all knowledge contained therein, including following the end of the contract. The obligation to maintain secrecy shall only expire if and to the extent that the knowledge contained in the surrendered documents has been placed in the public domain.


9. Places of performance and place of jurisdiction

The respective delivery address we state is deemed the place of performance. Insofar as nothing has been expressly agreed to the contrary, Freiburg i. Br. is deemed the exclusive place of jurisdiction for any potential disputes resulting from the delivery contract. The law of the Federal Republic of Germany applies exclusively to the delivery contract.