1. Validity of the General Terms and Conditions of Purchase
These General Terms and Conditions of Purchase shall apply to deliveries and services provided by suppliers to GEPE Technik GmbH, hereinafter referred to as GEPE, unless other agreements have been expressly made. General terms and conditions of the supplier which contradict GEPE's terms and conditions shall only apply insofar as GEPE has expressly agreed to them in writing.
2. Offer
The conclusion of the contract and all agreements made between GEPE and the supplier for the purpose of executing this contract must be made in writing. In its offer, the supplier must adhere to the specification and the wording of the request from GEPE. In the event of deviations, the supplier must expressly point this out to GEPE. Supplier offers must be made free of charge for GEPE. The supplier's offer does not create any obligations for GEPE.
3. Order
Orders and changes thereto shall only be binding if placed or confirmed by GEPE in writing. Verbal subsidiary agreements shall be invalid. The supplier shall order in its entirety as a business secret and to treat it confidentially. He shall be liable for any damage resulting from the breach of the aforementioned obligation. The supplier must confirm the order within two working days to einkauf@gepe-technik.de. The same shall apply to changes to an order. After expiry of this period GEPE shall be entitled to revoke the order or any amendment thereto without the supplier being able to derive any claims therefrom. Any other agreements between a supplier and GEPE shall be made in writing.
4. Order Execution
GEPE shall be entitled to make changes to the quality, delivery or delivery time of the ordered items until the order has been fulfilled in full. Delivery or delivery time of the ordered item or service at its own expense until the order is at its own expense until the order has been fulfilled in full. Subcontracts and sequences of work may only be to third parties by the supplier only with the written consent of GEPE, insofar as this does not merely involve the supply of marketable parts. Changes to the product on the part of the supplier shall likewise require the written approval by GEPE.
5. Deliveries
The agreed delivery dates are binding. In the event of circumstances that are opposed to timely delivery or service, GEPE shall be immediately informed by the supplier be notified in writing in advance, stating the reasons. Deliveries are made according to the agreed delivery conditions.
6. Shipping and delivery
Dispatch must be carried out in accordance with GEPE's instructions. Deliveries from abroad are to clear duty paid. Partial deliveries are to be marked as such on the delivery notes. The documents accompanying the goods (delivery notes, etc.) must state the complete order data (GEPE order number and commission number) of the goods. The from the non-observance costs arising from the GEPE shipping regulations shall be borne by the supplier. Complete shipping documents (documentation, certificates, approvals, etc.) are the enclosed with the delivery or by e-mail at the latest, stating the complete order data delivery of the goods.
7. Packaging
The packaging must be state of the art, unless otherwise Instructions from GEPE followed. GEPE reserves the right to use packaging that is not current standard or according to our instructions, to be disposed of at the supplier's expense or return freight collect. The protection of the goods during transport and any subsequent storage must always be ensured. The environmental friendliness of packaging must be ensured by the supplier. Billed, usable packaging can be returned by GEPE freight collect for credit. At if reusable packaging is used, the supplier must loan the packaging to make available. The return is at the expense and risk of the supplier. Explained exceptionally, GEPE agrees to accept the packaging costs to calculate these at verifiable cost price. The packaging costs must be included in the total price. Separate packaging instructions are stored in the order text and must be observed. If the packaging instructions are not followed or if the delivery documents are missing, the goods may be refused.
8. Agreed deadlines
Agreed deadlines for deliveries and services are binding. If delays are to be expected or have occurred, the supplier shall immediately inform GEPE in writing. If the supplier fails to meet a delivery date for reasons for which it is responsible, or if he exceeds an agreed delivery time is GEPE shall be entitled to assert further legal claims, without. GEPE shall have the choice of withdrawing from the contract or claiming damages for non-performance. GEPE shall also be entitled to withdraw from the contract if the supplier is not responsible for the delay. The right to demand an agreed contractual penalty on account of improper (§ 341 of the German Civil Code) until final payment has been made. Likewise GEPE shall also reserve the right to claim a contractual penalty from the supplier until this time.
9. Prices
The prices are fixed prices. Changes in prices during the contract period be mutually agreed and confirmed in writing. They close all Expenses in connection with the deliveries to be made by the supplier and services on.
10. Invoicing
Invoices are to be sent to GEPE electronically by separate post to the permitted e-mail address rechnung@gepe-technik.de and must include the GEPE order number/commission number for identification. Invoices without reference to the GEPE order number/commission number will not be paid as a matter of principle.
11. Payment
Terms of payment are negotiated with the supplier (contractual partner), determined and confirmed. Unless otherwise agreed, the terms of payment 14 days 2% discount, 30 days net, depending on the due date and invoice receipt. Only flawless and order-compliant delivery/service obliges GEPE for payment. The time of payment is the day on which the bank received a transfer order. Payments do not mean acceptance of the delivery or performance. If the delivery or service is defective or incomplete, GEPE without prejudice to his other rights entitled to payments on claims from the Business relationship to a reasonable extent until proper fulfillment to hold back.
12. Test reports, certificates
Safety, environmental protection, deliveries and services of the supplier must legal regulations, in particular the safety and environmental protection regulations including the Ordinance on dangerous substances, the ElektroG and the safety recommendations from the responsible German specialist committees or trade associations, e.g. VDE, VDI, and DIN. Relevant certificates, test reports and evidence are to be supplied free of charge. In the case of deliveries and the provision of services, the supplier alone is responsible for compliance with the accident prevention regulations. After that required protective devices and any instructions from the manufacturer are free of charge to deliver.
13. Passing of risk, acceptance, ownership
Irrespective of the agreed prices, the risk passes in the event of delivery without installation or assembly upon receipt at the delivery address specified by GEPE and upon delivery Installation or assembly with successful completion of the final inspection to GEPE. The commissioning or use do not replace our declaration of acceptance. The ownership of the delivered goods are transferred to GEPE after payment. Any lengthened or expanded Retention of title is excluded.
14. Liability for defects
The delivery/service is in accordance with the contractually stipulated purpose, all official regulations, technical rules and regulations relating to the delivery/service to provide guidelines that are usable and functional. The legal ones GEPE is entitled to unrestricted warranty claims. Optionally, GEPE from the supplier request remedy of defects or replacement delivery. In urgent cases or in the absence of suppliers, GEPE is entitled to rectify defects at their own expense. Unless otherwise agreed in writing, the warranty obligation ends no earlier than 24 months after the final acceptance of the delivery item. Notices of defects are deemed to have been raised in good time if they are externally recognizable defects within two weeks after receipt of the delivery/service, other defects within two weeks after being discovered by GEPE or communicated to GEPE by a third party have been notified will be displayed. The supplier has defects in the ordered item immediately by remedying the defect and/or providing a replacement delivery and all to bear any costs incurred, in particular material and labor costs, transport and travel costs to the place of use of the ordered item and, if applicable, costs of dismantling and new assembly.
15. Technical documents, drawings, tools, means of production
All documents provided to the supplier by GEPE for the purpose of submitting offers, executing orders, drawings, sketches and calculations made by the or drawings, sketches and calculations made by the supplier on our behalf from the beginning of the contract may not be used for other purposes, reproduced or made available to third parties. They shall be handed over to GEPE on request, at the latest on termination of the order or contract. GEPE shall retain the industrial property rights to all drawings, documents, tools, devices and manufacturing equipment handed over to the supplier.
16. Provision of material
Material provided by GEPE remains its property and is free of charge from the supplier and with the care of a prudent businessman separated from other things by the suppliers to store and to mark as property of GEPE. It may only execution of orders by GEPE. Damage at provided material are to be replaced by the supplier.
17. Confidentiality
The supplier is obliged to provide all non-obvious commercial and technical information details that become known to the supplier through the business relationship are confidential treated and not passed on to third parties. The manufacture for third parties, the exhibition by specifically for GEPE, in particular according to its plans, drawings or others products manufactured with special requirements, publications concerning the orders and services as well as the reference to this order towards third parties, require the prior written consent of GEPE.
18. Place of fulfillment
For all deliveries/services arising from the order, the place of performance shall be the address of the goods/services recipient and for all payments Gummersbach is the place of performance. Our postal address is Fraunhoferstraße 1 - The delivery of goods also takes place via Fraunhoferstraße 1 at gate 1.
19. Jurisdiction
Place of jurisdiction for all legal disputes is Gummersbach. However, GEPE is entitled to also make use of the supplier at his registered office.
20. Assignment
Without the written consent of GEPE, the contract concluded with the supplier may delivery contract cannot be transferred to third parties.
21. General Provisions
The law of the federal republic of Germany applies to the delivery contract and its execution according to BGB and HGB. The application of the UN sales law is excluded. Should individual provisions of these general terms and conditions of purchase are or become invalid this does not affect the validity of the remaining provisions.