Conditions of Purchase Kachelmann 2010 (pdf)

General Conditions of Purchase Status 7/2010

Our orders are based on the conditions below:

Only written orders with legally-binding signature are valid. Verbal agreements, that are not confirmed in writing by us, are invalid. The order must be confirmed by us immediately indicating the price and the binding delivery date.

For the nature, condition and execution of the goods to be delivered our specifications, drawings, samples, designations and arrangements are exclusively authoritative. As long as your catalogue details and/or installation diagrams are based on our orders, you are obligated to provide us with the newest catalogues, installation diagrams, etc. and inform us of all changes with running orders in time for our approval.

1. If the order includes the assumption of cost for tools and models or parts of the tooling costs, regardless of whether these are explicitly mentioned or included in the purchase price, such tools and patterns become our property with the fulfilment of the order. It shall be agreed between you as seller and us as buyer it that you provide without charge appropriate safekeeping and preservation of the tools and/or patterns for us including adequate insurance against fire, water and theft. In case of damage or loss you are obligated for the recovery or replacement. If we deem necessary to request from you the return of the tools or patterns, you shall accept such request without objection.
2. You shall bear the costs for maintenance and replacement, unless otherwise expressly agreed upon in writing.
3. If you fabricate moulded parts, tools, patterns, fixtures, dies, etc. to be delivered to us, then the first shaped piece must be presented to us to check after making it. Only after approval may the fabrication be started. The same applies for changes and remakes.

Drawings, patterns, tools, measuring instruments, fixtures for moulded parts, dies, matrices or samples, which we provide to you for the execution of an order, also remain our property. You expressly agree that the objects, plans and drawings, etc. that are made available to you will not be available for third parties to view nor provided to them, nor the goods manufactured by you or third parties to deliver or be delivered to third parties without permission.

1. You are responsible for guaranteeing material quality, dimensional accuracy, design and functionality of the goods delivered to us, and also that these correspond to the specifications listed in paragraph 4 and that they fulfil the industry related requirements.
2. You assume without cost the removal of all direct and indirect deficiencies that are a result of material or fabrication defects.
3. We are entitled to present delivered goods that are not to specifications or are defective, whether such deficiencies are immediately noticeable or first when machining and processing or show up during operation. You hereby expressly waive any objection to the delayed complaint of defect.
4. If the statistical quality control (attribute acceptance with random sampling) according to LOSN 55010 results that the delivered goods do not correspond to our specifications and/or the general test specifications (VDE, VDI, DIN, etc.), we are entitled to return the entire shipment.
5. Rejected goods according to paragraph 3 and 4 are returned under burden and without cost to you. We reserve the right to undertake rework on damaged or deficient goods here at your cost.

1. You make the guarantee that the goods to be delivered by you do not infringe on any domestic or international property rights, especially that you will compensate for all damage incurred to us, our customers and legal successors due to infringement of a domestic or international industrial property right in regards to the goods delivered by you and free us from all claims. The judicial and extra-judicial cost incurred through this are borne by you.
2. If adjudication ascertained that the goods delivered b