Terms and conditions of purchase August 2022
1. General Terms and Conditions of Purchase of Faircut cutting solutions GmbH & Co. KG
1.a. Unless expressly agreed otherwise in writing, these Terms and Conditions of Purchase shall apply to all deliveries of goods and services ordered by us as well as other agreements made with the Contractor in connection with the orders.
1.b. With the execution of the order (first delivery), these General Terms and Conditions of Purchase shall be deemed to have been accepted and the Contractor shall also acknowledge these as exclusively legally binding for all other delivery relationships. Deviating or supplementary terms and conditions of the Supplier shall only apply if they are expressly acknowledged by us in writing.
1.c. In all correspondence concerning an order, our order numbers must be mentioned. This applies in particular to delivery notes and invoices.
1.d. Offers, cost estimates and cost estimates submitted to us are free of charge, regardless of what preparatory work was necessary.
1.e. Should individual provisions of these Terms of Delivery be legally invalid, they shall have no influence on the legal existence of the others.
2.a. Only orders placed in writing are valid. Changes to the contract require written confirmation in order to be legally effective.
2.b. Regardless of the offers made, only the content of our orders is binding.
2.c.The transfer of our orders as a whole or in part to third parties may only take place with our written consent. A violation of this provision entitles us to revoke this order without replacement, further claims remain unaffected.
2.d. The assignment of claims as well as the transfer of the collection of claims against us to third parties is excluded and also entitles us to revoke the order without replacement, further claims remain unaffected.
2.e. If the supplier ceases to make payments or if bankruptcy proceedings or judicial or extrajudicial compensation proceedings are opened against his assets, we are entitled to withdraw from the contract without prejudice to other rights.
2.f. The order must be confirmed or rejected immediately in writing. As long as the order has not been concluded by the order confirmation, with which the order is accepted in full, we are entitled to revoke the order without giving reasons.
2.g. Deviations from the order must be clearly emphasized and require our express, written consent to be effective. The unconditional acceptance of goods shall not be deemed to be such consent.
3.a. The stated delivery dates are binding and are to be understood as the time of receipt of goods at the named destination, otherwise in our company. If a delivery or service period is agreed, this begins to run on the day of order. In the event of a foreseeable delay in delivery, we must be informed of this in writing immediately, stating the reasons and the expected duration of the delay.
3.b. In the event of delivery deadlines being exceeded for which the Supplier is responsible, the Supplier shall be obliged to use the fastest available means of transport to reduce the delay in delivery, without prejudice to the shipping method prescribed in the order. The costs for this transport shall be borne by the supplier.
3.c. In the event of a delay in delivery, for which the supplier is responsible, we are entitled to withdraw from the contract with immediate effect after 14 days without having to set a grace period. If a fixed date has been agreed, the contract is terminated upon exceeding the deadline, unless we request the fulfilment of the contract within 14 days.
In addition, we are entitled, at the expense and risk of the supplier, to take all measures to avert an imminent loss of deadline and all the associated adverse consequences within the delivery period (in particular due to the supplier’s notification) that the supplier will not be able to provide its services on time.
3.d. Partial deliveries and advance deliveries require our written consent, whereby in these cases the payment periods only begin with the contractually agreed date.
3.e. Unless otherwise agreed, deliveries shall be made in accordance with DAP (in accordance with Incoterms 2010) to the specified destination. Taking into account the relevant packaging standards, the packaging must be chosen in such a way that damage-free delivery is guaranteed.
3.f. The deadline requirement for our incoming goods inspection is 60 days. In this respect, the supplier waives the objection of late notification of defects. Our payment does not imply unconditional acceptance of the goods.
3.g. For hidden defects that are not recognizable during acceptance or acceptance, the warranty period begins only from the time of realization.
4. Quality – Documentation
4.a The goods to be delivered must comply with the applicable domestic and foreign regulations, the accident prevention regulations, the relevant regulations and guidelines of the VDE/Verband Deutscher Elektrotechniker e.V. regulations, the recognized latest rules and standards of technology as well as documents based on the order such as drawings, descriptions, samples, specifications, acceptance conditions, etc.
4.b. The supplier must carry out a quality control suitable in terms of type and scope, in accordance with the latest state of the art.
4.c . For devices, instruments, plant components or systems, complete maintenance, operating and service instructions, as well as manufacturer’s declarations and/or CE declarations of conformity must be supplied in electronic form and as a hard copy without special prescription and without additional costs.
5. Delay in delivery and performance, contractual penalty, withdrawal
5.a. Agreed delivery dates and delivery periods must be strictly observed by the supplier. The supplier must take all precautions and measures in this regard at his own expense. In the event of delay, we are entitled to demand a contractual penalty of 1% of the total order value for each week of delay started, which is independent of the supplier’s fault and proof of damage and is not subject to the judicial right of reduction. The obligation to fulfill the contract remains unaffected by this regulation.
5.b. The default penalty is limited to 10% of the total order value.
5.c If we withdraw from the contract for reasons attributable to the supplier, we are entitled along with others
Legal consequences of demanding 10% of the total order value as a contractual penalty.
5.d. We reserve the right to claim damages that go beyond the contractual penalty or other cla