General Terms and Conditions of Purchase (GTCP)
We place orders on the basis of our General Terms and Conditions of Purchase.
Our General Terms and Conditions of Purchase shall only apply to entrepreneurs, legal entities under public law or special funds under public law. Other terms and conditions shall not become part of the contract, even if we do not expressly object to the seller.
If we accept the delivery/service without express objection, it can under no circumstances be inferred from this that we have accepted the seller’s terms and conditions of sale and delivery. These General Terms and Conditions of Purchase shall also apply to all future contractual relationships with you; any changes must be accepted by us in writing.
The execution of the order by the seller shall be deemed as acceptance of our terms and conditions.
1. conclusion of contract:
We shall be bound by our order for six days.
A contract shall only be concluded if our order is confirmed in writing within these six days.
Verbal orders or declarations by our representatives or auxiliary persons as well as verbal agreements require written confirmation. Other terms and conditions shall not become part of the contract, even if we do not expressly object to them.
The Seller must treat the conclusion of the contract confidentially and may only refer to business connections with us in advertising materials and reference lists after we have given our written consent. Drawings and documents enclosed with orders and inquiries as well as all models, templates, tools etc. provided for the execution of orders shall remain our property and, unless expressly agreed otherwise, shall be returned to us without being requested to do so immediately after completion of the order or if the order is not accepted.
They may not be made accessible to third parties.
We reserve the right to assert claims for damages arising from any misuse in this respect. Insofar as no further requirements are specified in the order, the deliveries or services supplied must be of customary commercial quality and, insofar as DIN, EN, VDE, VDI or equivalent standards exist, in accordance with these.
The deliveries or services shall in any case be manufactured and equipped in such a way that they comply with the statutory provisions applicable at the place of performance on the day of performance, in particular with regard to work equipment, hazardous substances, occupational safety and accident prevention, emission protection and workplace regulations, as well as with the established findings of ergonomics.
Machines, electronic assemblies etc. must comply with the EMC directives of the EEC and be marked with “CE”. The EC Declaration of Conformity must be enclosed with the delivery documents.
The seller is liable for personal injury and / or damage to property resulting from non-compliance with these regulations.
2nd prizes:
The agreed prices are free works.
Packaging shall only be paid for if expressly agreed.
Your obligation to take back the packaging shall be governed by the statutory provisions.
In the event of a price reduction, we shall be granted the daily price valid at the time of delivery.
An increase in material prices, wages and other cost factors shall not entitle us to adjust the prices unless a special agreement has been made in this respect.
3. dispatch and receipt of goods:
Shipment shall be at the risk of the seller, who shall also be liable for the consequences of incorrect consignment notes.
The seller shall bear the risk of transport damage.
Shipment shall be free of freight, packaging costs and charges and at the following goods acceptance times: Monday to Friday from 07:00-13:00 to the delivery address specified by us, unless otherwise agreed.
Our shipping instructions must be strictly observed. Any additional costs incurred as a result of non-compliance shall be borne by the seller.
Unless otherwise specified by us, the cheapest shipping method shall be selected.
We shall be released from the obligation to accept the ordered delivery / service in whole or in part and shall be entitled to withdraw from the contract if the delivery / service can no longer be used by us due to the delays caused by force majeure or the labor dispute – taking into account economic aspects.
4. invoicing:
Invoices must be submitted in a single copy immediately after delivery or provision of the service and must always include our order number.
We prefer invoices to be sent by e-mail to info-lausitz@nplusz.de.
For monthly deliveries or services, the collective invoice must be submitted by the third of the following month at the latest. Incorrectly submitted invoices shall only be deemed to have been received by us from the date of correction.
5. payment:
Payment shall be made after delivery or provision of service and receipt of invoice either within 14 days with 3% discount or within 60 days net in means of payment of our choice.
The payment period shall commence upon receipt of the invoice, but not before receipt of the delivery or completion of the service.
In the event of defective delivery or performance, we shall be entitled to withhold payment pro rata until proper fulfillment.
6. complaints:
The seller waives the objection of late notification of defects.
We reserve a period of at least 14 days after receipt of the consignment for the inspection of the goods (§ 377 HBG).
7 Liability of the seller for defects and damage:
We are fully entitled to the statutory claims for defects.
In particular, we are entitled, at our discretion, to demand that the seller rectify the defect or deliver a new item or perform the service correctly.
We expressly reserve the right to claim damages, including damages in lieu of performance, for any degree of fault in the full amount in accordance with the statutory provisions.
The limitation period for claims for defects is 3 years.
It begins with the transfer of risk or acceptance.
The seller shall be liable to us for any damage caused by him or his vicarious agents to the full amount and for any degree of fault in accordance with the statutory provisions.
8. delivery date:
The delivery time specified by us is binding.
The seller is obliged to inform us immediately in writing if he is unable to meet the agreed delivery date or wishes to deliver earlier.
Our rights due to delay in performance shall remain unaffected by this obligation to provide information.
If the Seller is in default with the delivery or the provision of the service, it shall pay 0.1% for each working day of the delay, but no more than 5% of the order amount, as a contractual penalty.
The assertion of statutory claims due to delay in performance shall remain unaffected.
In the event of premature delivery, we reserve the right to return the goods at the seller’s expense.
If the goods are not returned, they shall be stored by us at the seller’s expense and risk until the delivery date.
Early delivery of the ordered goods does not affect the payment deadline, which is based on the agreed delivery date.
9. withdrawal from the contract:
We are entitled to withdraw from the contract if the seller has filed an application for the opening of insolvency proceedings against his assets, has made an affidavit in accordance with Section 807 of the German Code of Civil Procedure (ZPO) or insolvency proceedings have been opened against his assets or the opening of such proceedings has been rejected for lack of assets.
In cases of force majeure, we may cancel the contract in whole or in part or demand performance at a later date without this giving rise to any claims against us.
10. occupational health and safety:
The relevant occupational health and safety regulations apply to the provision of services in our companies. All employees of external companies working in our company are obliged to comply with our regulations on occupational health and safety relevant to them, as well as the procedures and work instructions drawn up for the safe execution of the work.
In this respect, the plant, branch or department manager appointed in our company for the cooperation with the external company is authorized to issue instructions to the employees of the external company.
Before the start of work, the employees of the external company shall receive an initial briefing on our safety standards from the plant, branch or department manager or a person appointed by him, as well as a briefing on their work activities and workplace requirements.
External companies are instructed in the principles practiced by our company and obliged to comply with them.
11. other:
Legally relevant declarations and notifications which the Seller must make to us or a third party must be made in writing.
Unless otherwise stated in the contract, the place of performance and payment shall be our registered office in Hilden. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is the court responsible for our registered office in Hilden.
Should one or more provisions of the contract with the seller, including these GTCP, be or become invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision is hereby deemed to be replaced by a new, valid provision that fulfills the same legal and economic purpose as far as possible.
The same applies to any unseen loophole in these provisions.
AEB
Nochten day facilities,
Shaft 1, House 9
02959 Trebendorf/Mühlrose
Industriestrasse 7
37355 Deuna
Main street 200
04575 Neukieritzsch
At the power station
02943 Boxberg/OL
Hall W8
03182 Peitz
At the old brickworks
03130 Schwarze Pumpe