Purchase and Terms of TAIROS Fertigbad GmbH
- Our orders are placed under the following conditions. The supplier recognizes them as binding for the present contract, at the latest with the beginning of the execution of the contract.
- Conditions of the supplier and deviating agreements only apply if we have acknowledged them in writing.
- All agreements made between us and the supplier for the purpose of executing this contract shall be set out in writing in this contract and in the order.
- If the supplier does not accept an order within two weeks of receipt, we are entitled to revoke it at any time.
II. Scope of delivery / delivery conditions / shipping and transfer of risk
- The Supplier warrants that its deliveries include all services necessary for the correct, safe and economical use, that they are suitable for the intended use and that they correspond to the state of the art in science and technology. When providing services, the supplier shall observe all relevant standards, laws and regulations, in particular environmental protection, dangerous goods and accident prevention regulations. Likewise, the current safety and occupational health rules as well as our possible factory standards must be adhered to.
- Supplier information exists with the necessary official approvals and reporting obligations for import and the operation of corresponding delivery items.
- The supplier shall ensure that he can supply us with the delivery products or parts as substitutes for a period of ten years after termination of the supply relationship on acceptable terms.
- The delivery must be made to the destination specified by us and to the date specified in the order. Unless otherwise agreed, the shipping and packaging costs shall be borne by the supplier. Any additional costs of accelerated carriage to meet a delivery date shall be borne by the supplier. If the agreed price is ex works, the lowest cost rate applies unless a specific mode of transport was required.
- The delivered products are to be provided with a free packaging, provided that their nature requires a packaging during transport and our order does not state otherwise. The packaging must be transport safe and must comply with the applicable statutory provisions for the chosen mode of transport.
- For the disposal of the packaging, the supplier shall be deducted a flat rate of 0.3% of the gross invoice amount.
- The shipment of the goods takes place until the arrival at the place of destination at the risk of the supplier, unless the transport is carried out with own vehicles or transport companies specified by us.
- Each delivery must be accompanied by a delivery note in duplicate. The delivery note is to be provided with our order and article number.
- The long-term supplier declaration acc. EEC Regulation 1207/2001 is to be presented once a year.
- For deliveries from preferential countries, the supplier must attach the preference certificate to each delivery.
III. Prices and terms of payment
- The prices stated in the order are fixed prices.
- The agreed terms of payment can be found in the respective order. The payment period begins upon receipt of the service and a proper invoice.However, if premature deliveries are accepted, the deadline will begin at the earliest on the agreed delivery date. Invoices are to be submitted in duplicate, stating the order number, order item, supplier number, quantity, unit price and part number. The choice of the means of payment is up to us.
- The supplier is not entitled to assign claims that are due to us against him or to have them collected by third parties.
IV. Liability for defects / replacement costs and deadlines
- If there is a defective delivery item, our claims shall be governed by the statutory provisions, unless otherwise stated in the following provisions. If the operating safety is endangered, if there is a danger of unusually high damage or if our ability to deliver to our customers is maintained, we can, after informing the supplier, rectify the defects ourselves or have them carried out by third parties. The resulting costs shall be borne by the supplier.
- The supplier shall be liable for all damages and expenses incurred directly or indirectly as a result of defects in the item.
- If the law does not specify otherwise, the supplier shall be liable for any defects that occur within five years of receipt of the delivery. In the case of supplementary performance, the period is extended by the time in which the delivery item can not be used in accordance with the contract. The same deadlines apply to supplementary performance.
- All manufacturing equipment and information such as designs, drawings, models, artwork, measuring and test equipment, as well as delivery and testing instructions, which we leave to the supplier for the execution of the order remain our property. All copyright, trademark and other property rights remain in our possession
- The means of production made by the supplier in fulfillment of the order and charged to us are our property at the time of manufacture. A free safekeeping until the desired release is guaranteed by the supplier. The aforesaid means of production as well as the items produced with your help and confidential information in this connection may not be used, duplicated or made known to third parties and / or left to us without our written consent.
VI. Retention of title
The ownership of the delivered goods passes to us after payment.
VII. Place of fulfillment
Place of performance for deliveries and services is the place of destination specified by us.
VIII. Jurisdiction and Jurisdiction
- Jurisdiction for any disputes is Salzwedel. However, we are also entitled, at our option, to sue the supplier in another permissible place of jurisdiction.
- The legal relationship of the Federal Republic of Germany with the exception of the Uniform UN Sales Convention (CISG) is authoritative.
IX. General provisions
Should a provision be or become ineffective, this shall not affect the validity of the remaining provisions.
Date of issue 24.02.2015