1. Scope of application
(1) Our terms and conditions of purchase apply exclusively. By accepting our order, the Contractor agrees to these conditions, even if his / her declaration of acceptance contains deviating sales conditions. Deviating conditions are only accepted if they have been confirmed by us in writing.
(2) Our terms and conditions of purchase apply to all future transactions with the supplier.
2. Order confirmation
(1) Each order must be confirmed to us in writing within 5 working days, quoting the prices and the delivery time.
3. Prices and terms of payment
(1) The prices confirmed are binding. Unless otherwise agreed, they shall be free of charge, including packaging. The packaging shall be returned at the expense of the supplier. The statutory value added tax is stated separately at the price.
(2) We can only process invoices if you identify our order number.
(3) Payment shall be made according to the payment terms agreed and stated in the order.
(4) We shall be entitled to set-off and withholding rights to the extent permitted by law.
4. Delivery time
(1) The agreed delivery time is binding.
(2) The supplier is obligated to notify us in writing without delay if circumstances arise or become recognizable that delivery times can not be met.
(3) In the event of a delay in delivery, we are entitled to demand a contractual penalty of 1% of the delivery value per completed week, but not more than 10%. We are entitled to assert the contractual penalty in addition to the fulfillment. Extensive statutory claims, in particular damages due to non-fulfillment, shall be reserved, subject to the provisions of §§ 340, 341 BGB.
(4) The delivery date is the day of arrival of the goods in our house.
5. Transfer of risk – Documents
(1) Unless otherwise agreed in writing, the delivery shall be free of charge.
(2) A delivery note containing the complete order number must be attached to each delivery. Without this specification, delays in the processing, which are at the expense of the supplier, are inevitable.
6. Notification of defects – Guarantee
(1) The Contractor shall ensure that the goods to be delivered are defect-free and conform to the specifications specified by us, are developed and manufactured according to the state of the art for which contractually prerequisite use is fully usable and all relevant legal regulations, regulations and guidelines Authorities and trade associations.
(2) We are obliged to investigate the goods and notify the defect only if we use the goods in so far as they are quantities for which an inspection under section 377 HGB is not reasonable. This does not apply to obvious defects.
(3) Concealed defects can be indicated within the guarantee obligation immediately after their discovery.
(4) The statutory warranty claims are unaffected; Irrespective of this, we shall be entitled to demand from the supplier replacement delivery or rectification of defects. In this case, the Supplier shall be obliged to bear all expenses necessary for the purpose of replacement delivery or repair. Claims for damages are expressly reserved, this also applies to damages claims due to non-fulfillment.
(5) Unless otherwise agreed, the warranty period shall be at least 24 months after the date, however, a maximum of 36 months from the transfer of the risk.
(6) In the case of subsequent improvement or supplementary measures on the basis of declared deficiencies, the warranty period is extended by the period between the purchase and the set of subsequent improvement or subsequent delivery measures.
(7) In this respect, the supplier waives the objection of delayed notification of defects or the objection of expiry of a warranty period, unless the supplier provides the faulty delayed notification of defects.
7. Product liability – exemption
(1) To the extent that the supplier is responsible for product damage, he is obliged to release us from claims for damages caused by third parties when the cause is set within his sphere of control and organization.
8. Protection rights
(1) The supplier guarantees that his services are free from third party protective rights and that third party patents, licenses or third party rights are not infringed, in particular by the delivery, use, further processing and resale of the goods.
(2) If we are used by a third party, the supplier is obligated to release us from these claims, including all related expenses
9. Proprietary rights, copyrights, tools
(1) All objects, tools, models, drawings, software programs provided by us remain our property. Upon request, these documents and objects shall be returned to us. They may not be given or made accessible to third parties without express agreement. Reproduction is only permitted within the scope of company requirements and the copyright regulations. This must be made clear to third parties by providing appropriate visual indications.
(2) The same applies to objects, designs, drawings, samples, etc. which have been produced for us or partly for us at our expense.
(3) Designs, drawings, samples, etc., which the supplier makes, shall only be paid if this has been specifically agreed upon.
(4) Goods made according to our data or models may not be shown, offered, delivered or otherwise made accessible to third parties.
(5) The supplier has to leave the equipment and tools free of charge and carefully, to adequately maintain, insure and to provide them with a captive indication of the property of PICASO-Systems.
(6) PICASO-Systems shall be entitled to immediately issue the objects described above in the case of manufacturing difficulties of the supplier and the absence of an agreement between the supplier and PICASO-Systems regarding the price or the delivery period of the parts to be manufactured with the tools to demand.
(1) The supplier is obliged to keep all illustrations, drawings, calculations and other documents or information that have been kept secret. After completion of the order, they are to be returned to us, the obligation to maintain confidentiality persists. They may be disclosed to third parties only with our written consent.
(2) The Supplier shall also pass on the above secrecy obligations to his employees and subcontractors.
11. Jurisdiction and place of performance
(1) Jurisdiction is the place of business, as long as the contractual partner is Vollkaufmann. Otherwise the legal regulation applies in general.
(2) The place of performance is Potsdam.