Purchasing conditions

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1. Service
The service to be provided by our suppliers is determined using our written order, our order-related documents (e.g. plans, drawings, images, weight specifications, dimension specifications) as well as our written, special and general delivery conditions. Any contrary conditions on the part of our supplier are not made component parts of the contract.

We reserve all ownership rights and copyrights for all order-related documents, forms, tools, supplies, etc., that come from us. They may not be made available to third parties without written consent. They must be insured by our supplier at his expense against theft, breakage, fire, water, transport and other damages.

2. Prices and payment
The arranged prices are understood to be free delivery. Our supplier bears the cost of packaging and shipping. A price increase after contract conclusion is invalid.

We can deduct a 3% discount for payments to our supplier within 30 days after we have received the supplier invoice. We can also offset using contested claims.

3. Deadlines, provision of service
The arranged deadlines for our supplier's service are mandatory. They start on the day the order is received. Our supplier goes into delay - even without a warning - once the deadline expires. If a deadline passes without being successfully met, we can withdraw from the contract and/or request compensation for damages instead of delivery--regardless of other rights. We can also withdraw from the contract without our supplier being able to make claims against us for it if the supplier is forced to provide delivery at a later time due to cases of force majeure.

Our supplier's service is provided as soon as he has delivered it to our factory free of defects. 

Our address is on all shipping documents; our order number, order symbol and parts number must be indicated in full on all order confirmations, notifications of dispatch, delivery notes, invoices and other written correspondence that relate to the order. 

Shipments for which we bear the costs in full or in part must be transported under the cheapest conditions. Additional costs for faster shipping in order to adhere to a delivery deadline are borne by our supplier.

4. Insurance policies
Our supplier is obligated to insure his service at his expense against theft, breakage, fire, water, transport and other damages.

5. Title retention
Ownership of the object of delivery is transferred once we receive the object. Any title retention on the part of our supplier is invalid. We may use, pledge, assign as collateral, sell, install, and/or re-work the object of delivery once ownership is transferred to us.

6. Guaranty / liability
Our supplier guarantees that the products and services he is to provide conform to our order-related documents (e.g. plans, drawings, images, weight specifications, dimension specifications) and the relevant national and international safety, environmental and conformity requirements and that they are suitable for the designs and purposes for which they are used and free of defects.

Furthermore, the contractor ensures the environmentally friendly provision of services. This includes the selection of environmentally friendly and recyclable materials, low-emission, environmentally compatible designs that can be disassembled and deconstructed as well as energy-saving and resource-saving solutions.

The liability of our supplier and his assistants is not limited to intent and gross negligence. If claims are made against us alone or jointly and separately with our supplier due to product liability resulting from the use of the products and services he provides in our products, then our supplier must absolve us of all claims and the costs of legal defence against such claims upon the first request. 

Our supplier is also obligated to compensate us for any and all expenses that result from or in connection with any product recall we execute. To the extent possible and reasonable we will train our supplier in the content and scope of the recall measures to be executed.

Our supplier can only assert claims to compensation against us to the extent he can prove that the cause of damage was not in his area of authority and organisation.

Our supplier is obligated to take out product liability insurance for personal injury and property damage with a coverage sum suitable to the relevant products and services, to maintain it during the entire duration of the business relationship with us, and to provide proof of insurance in the form of policy copies upon our request. If we are entitled to additional damage compensation claims, said claims remain unaffected. 

Our supplier is liable for ensuring that the rights of third parties are not violated through the use of his service. He must absolve us and our customers of any responsibility with regard to all claims that arise from such legal violations--regardless of other rights.

7. Defects
Our defect claims are generally based on legal regulations. In the context of subsequent improvement/delivery, we have the right to request that the defects be eliminated in a number of tests that is reasonable for our supplier. If we do not make use of this right or if the attempt to eliminate the defect proves unsuccessful, we can request that our supplier deliver a defect-free item--we also have the right to request a number of subsequent deliveries that is reasonable for our supplier. Our supplier must bear all expenses related to subsequent delivery/improvement, in particular transport, route, work and material costs.

If the subsequent delivery/improvement that we selected is unsuccessful, we have the right to eliminate the defect on our own and to request compensation for the necessary expenses. If we do not make use of this right or if the attempt to eliminate the defect proves unsuccessful, we can reduce or withdraw from the contract. Additionally, we reserve the right to damage compensation claims. Defect claims come under the statute of limitations within the legal statue of limitations. 

8. Applicable law, place of jurisdiction, place of fulfilment
Only German law and the German language are applicable. Our headquarters are the place of jurisdiction and the place of fulfilment if our supplier is a merchant, public-law legal person or a separate public estate. However, we also have the right to sue the supplier at the court responsible for his place of residence or business.

9. Written form
All arrangements - in particular ones that deviate - must be in written form. This also applies to waiving the written form.

Dated 13/02/2006