General Conditions of Purchase of mann Objecta GmbH & Co. KG in 46414 Rhede
We order based on our general terms and conditions of purchase. Other conditions do not become part of the contract, even if we do not expressly contradict them.
1. Orders and agreements are only binding if they are confirmed by us in writing. The supplier must confirm the order in writing within 2 working days after the date of our order. After this period has expired, we are no longer bound by the order. If a price or a delivery time is not specified in our order and if the supplier uses them in his order confirmation, a binding agreement will only come into existence if it is confirmed in writing by the customer.
2. The delivery time starts from the date of the order. As soon as the supplier can assume that delivery on time is not possible for him in whole or in part, he must inform us immediately, stating the reasons and the expected duration of the delay. In the event of a delay in delivery, we are entitled to demand 2% of the agreed price of the entire delivery for each week of delay commenced, but not more than 10%. Further legal rights remain unaffected. The resulting, lump-sum damage caused by delay will be offset against further claims for damages. Claims for damage caused by delay can also be asserted after unconditional acceptance. The supplier has the right to prove to us that the delay resulted in no damage or a significantly lower damage.
3. All deliveries are made at the risk of the supplier. He also must bear the costs of the transport. If the freight costs are to be borne by us based on a special agreement, the supplier must choose the most favorable shipping method for us. The supplier pays for additional costs and other disadvantages.
4. Duplicate delivery notes must be enclosed with each individual delivery. The minimum contents of the delivery notes are our order number, our article number, our article description and the number of items delivered per item.
5. Unless otherwise agreed, the prices given are fixed prices including packaging and are free to the ramp or the delivery address given by us.
6. The supplier guarantees that the delivery item is free of defects when handed over to us, that it has a guaranteed quality, if applicable, and that it corresponds to the latest technology, in particular the relevant laws, safety and accident prevention regulations and the usual technical standards (e.g. DIN or VDE) . The VOB in its currently valid version applies to all construction work. The warranty also extends to the parts manufactured by sub-suppliers. We check the products obtained from the supplier after they have been received for compliance with the quantity and identity as well as for obvious defects and transport damage. We conduct random checks for other defects, otherwise as part of the normal course of business. There are no further examination obligations of the client. We will notify the supplier immediately of any defects found.
If claims are made against us due to product liability, the supplier is obliged to exempt us from claims for damages by third parties upon first request if the cause is within his sphere of control and organization and he is himself liable in the external relationship. As part of this liability, he is also obliged to reimburse us for any expenses that we incur through damage prevention measures (e.g. recall campaigns); this also applies to recognizable or imminent series defects. The supplier is obliged to take out insurance to cover this liability risk and to provide us with evidence of coverage upon request. The limitation period is 24 months from the transfer of risk. Deviating from this, the statutory limitation period of five years and 2 months applies to buildings, to items that have been used for a building in accordance with their normal use and have caused its defectiveness, and to defects that exist in a third party right in rem.
7. Samples, models, tools, molds, drawings and other documents which are attached to the orders, which we make available to the supplier or which he produces according to our specifications, are to be treated confidentially and remain our property. Such documents are to be kept for later orders or, at our request, to be returned after the order has been executed. They may not be passed on to third parties or used for purposes other than working with us without our written consent. The supplier undertakes to treat mann Objecta GmbH & Co. KG or any documents and information received from third parties on their behalf about the items to be delivered, the end products and operational processes affecting the delivery contract as strictly confidential, to keep them secret from third parties and exclusively for the purpose of Use cooperation with the aforementioned companies. This applies regardless of whether documents from the companies and information have been expressly designated as confidential or secret or whether they are business or trade secrets in the legal sense. The supplier will also impose this confidentiality obligation on all employees and agents who, due to their work, can gain knowledge of the cooperation between the contractual partners. Products that are manufactured using our molds and tools may only be delivered to third parties with our express written approval.
8. The supplier is responsible for ensuring that no property rights, other rights or business and trade secrets of third parties are violated using the delivered items. He must release us from any claims by third parties. If the supplier's agents work in our factory or at one of our customers, the supplier must instruct them to observe the accident prevention regulations and the VDI regulations as well as our existing operating instructions. The supplier is liable for all damage that he or his agents cause intentionally or negligently in our works or at our customers. Upon request, he must prove the existence of adequate liability insurance. However, we are only liable for damage in accordance with the following provisions: For a breach of essential contractual obligations for which we are responsible, we are liable in accordance with the statutory provisions. Insofar as we are not guilty of grossly negligent or willful behavior, we are only liable for typically foreseeable damage. We are only liable for all other breaches of duty if damage was caused intentionally or through gross negligence by one of our legal representatives or a senior vicarious agent. Excluded from this are claims under the Product Liability Act and damage resulting from injury to life, limb, or health, for which we are liable in accordance with the statutory provisions. In addition, claims for damages against us for breaches of duty are excluded.
9. Unless otherwise stipulated, we pay invoices either within 14 days with a 3% discount or 30 days net, in each case after receipt of the invoice and goods. The payment period does not begin before the agreed delivery date and after the client has received the verifiable invoice. The payment of tool costs is regulated in the tool rental contract. If no tool rental agreement has been concluded, we will only pay the costs for molds and tools when samples have been taken from them which have been examined by us. Claims against us may only be assigned with our written consent.
10. The place of performance for deliveries is 46414 Rhede or another agreed location. German law applies; The place of jurisdiction is 46399 Bocholt.
Status: January 2020