General Terms of Purchasing & Payment of the Company HAMMEL Recyclingtechnik GmbH, Bad Salzungen
1. Scope Only our purchase conditions apply to all orders issued by us for the duration of the business relationship. Conditions of the contractor in its general terms and conditions or order confirmation are hereby expressly contradicted. No recognition of these conditions means unconditional acceptance of order confirmations or deliveries, as well as payment by the purchaser, this requires the express written consent from us.
2. Quotations The contractor has to keep in its offers in terms of type, quantity and condition of the goods to our request and deviations must be expressly pointed out. The quotations have to be carried out free of charge.
3. Placing an order Only written orders issued by us, which are signed with the signatures of the plenipotentiaries, are valid All changes of issued orders and agreements must be written to be effective. Only, the order reflects the full scope and content.
4. Order acceptance The supplier shall be obliged to accept within a reasonable period of time, the order at the latest within a period of two weeks.
Each accepted order must be confirmed to us, even for immediate delivery orders using our order number. Our orders are revokeable, as long as it has not been confirmed of and unchanged by us. Deviations from the order must be clearly marked in the order confirmation and shall require our express written confirmation.
With acceptance of the order, the contractor is obliged to inform us timely the technical data necessary for the installation or use of the delivery item (installation conditions, technical documentation, such as operating and maintenance manuals, drawings etc.).
5. Sub-contractors The involvement of subcontractors to comply with the performance for our orders requires our prior written consent.
6. Delivery time The terms of delivery stated in the order or the dates are binding and refer to arrival at the place of delivery. If the contractor exceeds the delivery The orderer, shall be entitled to set a penalty of not more than 5% of the net order total without prejudice to any other rights, a contractual penalty of 0.1% of the net order amount per calendar day, the purchaser. can assert the penalty up to the final Invoicing, even if we to expressly reserve the right of adoption (acceptance) of the late service (delivery).
In addition the contractor is obliged to inform us immediately upon obtaining knowledge about any imminent or occurring failure of delivery, their causes and the expected length of the delay.
The place of fulfillment is each place named by us. The risk of accidental loss or accidental deterioration of the goods passes House on to us free with proper and complete delivery free house at the place of fulfillment. . As far as nothing else is agreed, the shipping, transport and packaging costs, customs, duties, taxes, cost of transport, insurance, and other charges are payable by the contractor.
7. Payment Unless the payment is otherwise stated in the order, shall be made in 20 days after receipt of a correct invoice minus 3% discount or within 60 days without deduction of cash discount, provided all requirements of the order are properly met.
8. Liability of defects The warranty period is 36 months if not expressly otherwise agreed. If the legal warranty period is longer, this will be valid. It starts with the commissioning of the delivery item by the customer or a third party designated by the purchaser. If acceptance is legally or contractually provided, the warranty period shall commence with.
The successful acceptance. Payment does not mean a recognition of the defects.
In urgent cases after corresponding notification to the contractor, we are entitled to make the removal of defects at the expense of the contractor after corresponding notification to the contractor.
9. Set-off The contractor is only a right of set-off if his counterclaims are legally established, undisputed or acknowledged by us.
We hereby contradict expressly any set-off prohibited of the customer provided by the contractor. Set-off and retention are the principal statutory extent.
10. Conformity / manufacturer's declaration The goods must meet all of the rules relating to each, policies, and standards. Should the goods require a manufacturer's declaration or a declaration of conformity (CE) in accordance with the EC directives, the supplier must create them make available to us immediately at his own expense.
11. Copyright, privacy, and intellectual property rights of third parties On all of our patterns and drawings, we own the copyright. The contractor is obliged to counter every impairment of copyright and return licensed models and drawings after execution of the order to us immediately. Furthermore he undertakes to keep secret to information provided as well as drawings and patterns it and not to give third parties For the consequences of any breach of these obligations, the contractor shall be liable towards us.
The supplier guarantees that rights of third parties for the delivery or performance - also with regard to its intended use.
The purchased goods do not preclude, in particular intellectual property rights are not infringed on any third party. If the client still is informed about a possible breach of third party rights, such as copyright, patent and other intellectual property rights in the claim, the contractor thereof and of all the related performance releases him.
The contractor agrees, revocable that order communicated personal data are in compliance with the regulations of the Federal Data Protection Act-related and processes
12. Product liability, insurance The supplier is obliged to indemnify us from third parties claims caused by the manufacture, supply, storage or use of the delivered goods. The indemnification shall not apply if the claim is based on grossly negligent or intentional breach of duty on our part.
The Contractor undertakes to maintain a produkt liability insurance with an adequate coverage of 1,000,000.00 € for personal injury or damage to property during the term of this agreement. Any further claims for damages remain unaffected.
13. Transfer of rights and obligations Contractual rights and obligations of the contractor may be transferred only with the written consent of the client.
14. Applicable law, place of jurisdiction For all legal relationships between us and the supplier is solely by the law is the Federal Republic of Germany under exclusion of the UN purchase law.
Place of fulfillment and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the court competent for our headquarters.
15. Final provision Should any provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the effectiveness of all other provisions of the agreement shall remain unaffected thereof.
Only the German version is legally binding and therefore valid. The English version is mainly for understanding. Legally binding statements or claim accuracy is not however included in this translation.