PURCHASE CONDITIONS 09/2015
Albert Hoffmann GmbH
1. Scope of application
Our purchase conditions shall apply exclusively. We do not accept the conditions of the supplier, unless we have expressly agreed to these in written form. Our purchase conditions shall also apply if we unconditionally accept the delivery of the supplier with regard to conflicting conditions or conditions of the supplier deviating from our purchase conditions. All agreements between us and the supplier made in relation to this Agreement shall be made in writing.
2. Order – documents
The order is based on our order letter. Every order must be confirmed within eight days using our form. Verbal agreements shall only be valid, if they are confirmed by us in writing. Remuneration will not be granted for the preparation of tenders, drawings, planning and the like. Our samples and drawings will remain our property and must be returned to us unsolicitedly once our requests and orders have been completed. Products made according to our information, drawings and models may not be provided to a third party without our consent. Production facilities procured for this purposes may also not be ceded to a third party.
3. Prices
The prices are fixed prices. Any modifications of the factors affecting the price occurring after the conclusion of the contract will not be taken into account. Moreover, any additional charges for additional material consumption or extra working hours shall be excluded. Delivery free at place of use. If purchases are made ex railway station of the seller as an exception, the seller shall bear all expenses and cartage to the railway station, so that only actual rail freight has to be borne by us. Packaging shall only be paid, when remuneration for it has been expressly agreed. In such a case we reserve the right to return the packaging carriage paid. Two thirds of the calculated price shall be credited to us.
4. Delivery period
If it is impossible to deliver on time we must be informed in a timely manner with an indication of the binding delivery date. Liability for default shall not be affected.
5. Shipping
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Any and all correspondence related to our purchase order, including shipping documents, must show our order number. |
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The supplier shall be liable for consequences of incorrect declaration of the bill of lading. |
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The dispatch note must be submitted to us immediately with every shipment sent. |
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If our complete order number is missing on the shipping documents, the supplier shall bear any costs arising from this such as demurrage, parking fee and the like. |
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The seller shall be responsible for the risk during transport. |
6. Invoice and payment
The invoice shall include our order number and be submitted separately in duplicate immediately following the delivery, this means it shall not be attached to the shipment.
The invoice shall be paid within 20 days with a discount of 3 percent, within 30 days with a discount of 2 percent or within 90 days net cash. We only accept quantities or weights determined by us upon receipt of the shipment for settlement.
7. Compliance with legal, official and other regulations
The supplier shall be liable that all ordered items comply with the following regulations, as far as they come into question:
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Legal and official regulations, |
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The VDE regulations and the regulations of the Physikalisch-Technische Bundesanstalt (National Metrology Institute), |
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The regulations issued by other responsible bodies, e.g. trade associations.. |
The ordered items shall in particular be equipped with all protective devices which are required for accident prevention. For safety-relevant components, machinery and machines to be installed the following shall be included in the scope of supply - as applicable:
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Manufacturer’s declaration in terms of the EU Directive Machines 89/392/EEC annex II B for machines to be installed |
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EC declaration of conformity |
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Manufacturer’s declaration in terms of the EU Directive Machines 89/392/EEC annex II C for safety components |
There is no special remuneration for it.
The supplier shall be liable for any and all defects, as well as damage based on the non-compliance with these regulations, namely in accordance with clause 9.
8. Compliance with legal requirements and those anchored in collateral agreements, exemption
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The supplier shall perform the tasks assigned to him for carrying out the work in a professional manner whilst complying with all relevant, applicable regulations - laws, provisions, collective agreements and works agreements, other contracts - with independent entrepreneurial responsibility. |
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The supplier shall employ his staff members only within the frame permitted by the Labor Code. The respective working hours of all labor employed shall be verified vis-à-vis Albert Hoffmann GmbH upon request. |
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The supplier shall assure that any and all labor employed are paid at least in compliance with the requirements of articles 1, 2 and 20 of the legislation on minimum wages, as well as other legal provisions and collective agreements, observance of which we shall be liable for pursuant to article 14 of the German law on the posting of workers and/or other comparable regulations. Once a year the supplier must prove immediately upon request that his workforce are paid the specified minimum wages in accordance with the requirements of articles 1, 2, and 20 of the legislation on minimum wages, as well as other legal provisions and collective agreements, observance of which we shall be liable for pursuant to article 14 of the German law on the posting of workers and/or other comparable regulations. During the term of this contractual relationship the supplier shall additionally prove toward us upon request the compliance with the payment of the minimum wage pursuant to articles 1, 2, and 20 of the legislation on minimum wages, as well as other legal provisions and collective agreements, observance of which we shall be liable for pursuant to article 14 of the German law on the posting of workers and/or other comparable regulation, by presenting on a monthly basis, anonymized payslips of the labor he employs. The supplier shall exempt Albert Hoffmann GmbH from any and all claims asserted in the case of a violation of the legislation on minimum wages or other legal provisions or collective agreements on the part of the supplier, observance of which we shall be liable for pursuant to article 14 of the German law on the posting of workers and/or other comparable regulations., which are asserted vis-à-vis Albert Hoffmann GmbH. |
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The supplier shall assure that the employed staff members are subject to the necessary safety briefing in due time before they are employed and immediately prove in writing toward Albert Hoffmann GmbH that the instruction has taken place. |
9. Liability for defects
We shall be entitled to the statutory claims for defects in unabridged form. In any case we shall be entitled to demand from the supplier remedy or the delivery of a new item at our discretion. The entitlement to compensation, in particular compensation rather than performance, shall be expressly reserved.
We shall be entitled to remedy the defects at the supplier’s expense, if this is necessary to avoid further damage. First we must inform the supplier on the self-remedy. The limitation period shall be two years from the transfer of risk.
10. Property rights
If claims are asserted against us or a third party in connection with the production, installation or use of supplies due to a violation of industrial property rights, the supplier shall be obliged to exempt us or the third party and compensate any and all damage resulting from it including out-of-court and court fees. The supplier may partly blame us for the violation of property rights, if he brings forward evidence of intent against us or the third party.
11. Contract transfer / assignment of claims
Without our express written consent the supply contract, as well as the supplier’s counterclaim from the contract, may not be transferred in whole or in part to a third party.
12. Impediments of acceptance
Labor disputes, breakdowns, unexpected and unavoidable changes in manufacture and other circumstances resulting in a reduction in demand, shall release us from the commitment, as in cases of force majeure.
13. Performance of work
Persons who carry out work on the factory premises in fulfillment of the contract must observe the respective factory regulations; the regulations for entering and leaving the plant facilities must be observed. Liability for accidents which happen to these persons on the factory premises shall be excluded, unless intent or gross negligence is proven.
14. Provisions
Materials and parts provided by us shall remain our property. They may only be used as intended. Materials processed and parts shall be assembled on behalf of us. It is agreed that we are the co-owner of the products produced on the basis of our material and parts - in relation to the value of the provision compared to the product as a whole which is maintained by the supplier on our behalf.
15. Place of fulfillment and place of jurisdiction
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Place of fulfilment for all supplies and services of the supplier shall be the destination. |
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For any and all disputes directly or indirectly related to the purchase order the sole place of jurisdiction shall be the Local Court Eschweiler or the District Court Aachen. |