General Conditions of Purchase Status 7/2010
Our orders are based on the conditions below:
Einkaufsbedingungen Kachelmann 2010 (pdf)
I
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.
II
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.
III
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.
IV
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.
V
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.
VI
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 by you infringe a domestic or international property right, we have the right to withdraw from all closed delivery contracts with immediate effect. The same applies if, based on the opinion of an impartial judicial expert, reasonable doubt exists in this regard.
VII
1. Commission orders must be directly executed by you. Forwarding to a third party is not permissible without our approval.
2. For goods belonging to us, which we give to you for machining or processing, you assume the possible no-fault liability for damage, loss, theft, destruction, ruin, and for scrap caused by poor commission work, the same applies with forwarding to a third party in the scope of our contact with you.
3. Apart from this our purchase conditions apply for commission work with the exception of section VI.
VIII
With the order of equipment and machines a detailed design drawing with binding dimensions and other required data to be enclosed with your order confirmation free or cost and condition, so that clear documents are available for subsequent orders.
IX
1. The delivery deadlines given in our order must be punctually adhered to. Excess or short deliveries are not allowed. We explicitly reserve the right to stipulate any required changes in design and execution.
2. The supplier guarantees the agreed deadlines in recognition of a deadline safeguard amount of 0.1% for each calendar day of delay up to 5%, based on the amount of the entire order. The deadline safeguard amount is due – without it requiring a reservation for the acceptance of the contractual service -, if the supplier fails to meet the agreed upon deadlines, unless prevented from doing so by an Act of God and the supplier was not already in default at the time the event occurred.
3. For deliveries before the deadline we have the right, on our own choice, either to decline acceptance or to calculate the storage costs and valuate the invoice.
4. The delivery must be done free to our factory premises, without charges for boxes, crates, carriage or storage charge, transfer of risk to our factory premises. Rush or expediting costs which are your fault are borne by you. In the event special charges for packaging was agreed upon, this must be reimbursed to us in full value with freight paid return.
5. For each dispatch a separate detailed dispatch note must be sent to us. The delivery must be done with delivery note, on which the piece count, goods, drawing or standard number, our order number, our reference and our order date must be noted. If this information or the delivery note is missing, the delivery is not proper (compare with section X, paragraph 1).
X
1. Payment of the invoice, which must be supplied in duplicate, is done at our option within 14 days after receipt of invoice and proper delivery with 3% discount, within 30 days applies with 2% discount or within 60 days net, using bank transfer. Your invoice and delivery note must contain all the required information of the order, especially any type of designations must agree. As long as this information does not agree, the delivery is not proper in regards to payment.
2. In the event of section IX, paragraph 3, instead of the receipt of invoice, the delivery deadline set by us applies.
3. Our payment represents no acknowledgement of a delivery that is fault free and according to regulations as well as the correctness of your invoice.
XI
For all legal disputes the competent court Strullendorf/Bamberg is agreed as relevant.
XII
Our conditions are exclusively decisive for your delivery. Any deviations in your confirmation will not be accepted by us, even if we have not expressly objected.
XIII
The agreed prices are fixed prices and include delivery free to our works, including packaging.
