Conditions of purchase
PURCHASING CONDITIONS OF SÄGEN-MEHRING GMBH
1. Orders
1.1 Our conditions of purchase apply exclusively. We do not recognize any terms and conditions of the supplier that contradict or deviate from our purchasing conditions, unless we have expressly agreed to their validity in writing.
1.2 An order is legally binding for both parties if it is placed by us in writing and has been confirmed to us in writing by the contractor. We reserve the right to withdraw the order if we have not received the order confirmation within 10 days of the order date.
1.3 Changes and additions to our orders as well as ancillary agreements of any kind require the written confirmation of the purchasing department to be effective.
2. Prices
2.1 The prices quoted on our orders are fixed prices without taking VAT into account and apply free of charge including packaging, unless expressly agreed otherwise. The transport insurance is taken out by us.
2.2 If, in exceptional cases, prices have not yet been agreed when the order is placed, the contractor will immediately submit the missing information for approval. The contract is only concluded when we confirm the prices of the offer in writing.
3. Delivery
3.1 The contractor adheres exactly to the order in all points during delivery. Any deviations from technical specifications in particular require our written consent prior to delivery. The weights, dimensions and quantities determined by our incoming goods inspection are decisive for the calculation.
3.2 The contractor is unrestrictedly responsible for the delivery of the ordered goods and the necessary supplies and services - even without fault - (full assumption of the procurement risk).
3.3 In the event of non-compliance with our delivery dates, the contractor pays, without the need to prove damage in individual cases, compensation of 0.5% of the agreed order value for each full week of delay, but no more than 5% of the order value. The contractor has the right to prove to us that the failure to meet the delivery date has resulted in no or significantly less damage. We reserve the right to make further legal claims.
3.4 The contractor is obliged to notify us immediately in writing if circumstances arise or become apparent to him from which it emerges that the agreed delivery time or the agreed delivery date cannot be adhered to. If the contractor does not comply with this obligation, a contractual penalty of 0.5% of the order value, but at least 100 euros and a maximum of 5% of the order value, shall apply as agreed for each individual case.
4. Shipping
4.1 Each shipment must be accompanied by a delivery note stating at least the scope of delivery, the material description and our order number. Empties that are not specially marked on the delivery note become our property free of charge.
4.2 At the latest on the day of dispatch, a dispatch note must be sent in duplicate to the respective company division.
5. Acceptance
5.1 Strikes, lockouts, transport disruptions, natural disasters, official measures and other operational disruptions in our area, which lead to a restriction or cessation of production or prevent us from transporting the ordered goods, release us from our purchase obligation for the duration and extent of their effect, if we cannot avert the disruption or it is not possible to avert it with reasonable means. In these cases, claims of the suppliers to the consideration or to compensation are excluded. If there is a delay in removal for the reasons mentioned above, the supplier must store the goods properly at his own risk until we or for us take over the goods.
6. Invoicing and Payment
6.1 Payment is made 14 days after receipt of the invoice with a 3% discount or 60 days net after receipt of the invoice.
6.2 If an early delivery is accepted, the agreed date is the delivery date.
6.3 We are entitled to invoice our services electronically. Invoices are sent by unencrypted e-mail to an e-mail address provided by the customer, unless otherwise agreed.
6.4 The contractor is not entitled to assign his claims against us or to have them collected by third parties without our consent.
7. Means of production
7.1 If we provide models, samples, tools, gauges, drawings and the like ("production equipment") to the contractor or if the contractor makes production equipment for us or has them made according to our specifications, we reserve title to them. Processing or reshaping by the contractor will be carried out for us. If the reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of our item to the other processed items at the time of processing.
7.2 The contractor is obliged to use the means of production exclusively for the manufacture of the goods we have ordered. The means of production as well as the items manufactured with the help of our means of production may not be made accessible to third parties and must be sent to us after the end of the cooperation without special request, unless we have agreed in writing to another use. The contractor is obliged to insure the manufacturing equipment belonging to us at replacement value at his own expense against fire, water and theft. He is obliged to carry out any necessary maintenance and inspection work in good time at his own expense. He has to notify us immediately of any malfunctions; if he culpably fails to do so, claims for damages remain unaffected.
8. Warranty
8.1 The contractor guarantees that the goods comply with our specifications and other information such as standards and other documents and that he will check them for them before dispatch. In any case, the goods must comply with the generally recognized rules of technology as well as the industrial safety and accident prevention regulations, as specified in particular in EN standards, DIN standards, VDE regulations and other recognized technical regulations. The supplier also guarantees that the delivery items are free of SVHCs (Substances of Very High Concern) within the meaning of EU Regulation No. 1907/2006 (REACH Regulation), provided that he has not informed us about the type and quantity of the contained SVHCs. Relevant certificates of conformity and, if applicable, CE marking are included in the delivery. In the case of cross-border deliveries of goods, the contractor is obliged to submit or submit a declaration of the manufacturer / origin of the goods without being requested to do so.
8.2 We are obliged to check the delivery within a reasonable period. The complaint is deemed to have been made on time if it is received by the contractor within a period of seven working days, calculated from the receipt of the goods or, in the case of hidden defects, from their discovery.
8.3 In urgent cases or if the contractor does not fulfill a warranty obligation within the statutory period, we are entitled to replace or repair defective parts at the contractor's expense and to have any damage removed or to make a covering purchase at the contractor's expense.
8.4 If the order includes the production of castings, the contractor will check the conformity of the model and drawing as well as the feasibility of the casting process before molding and assumes the guarantee for this. A subsequent objection to incorrect construction is excluded.
8.5 In addition, the contractor assumes the guarantee for his delivery in accordance with the statutory provisions.
8.6 Insofar as the contractor is responsible for product damage, he is obliged to exempt us from claims for damages by third parties upon first request insofar as the cause is within his sphere of control and organization and he is himself liable outside. In this context, the contractor is also obliged to reimburse any expenses in accordance with §§ 683, 670 BGB that result from or in connection with a recall campaign caused by the contractor, insofar as the claim is not based on §§ 830, 840 BGB in connection with §§ 426, 254 BGB follows. We will inform the contractor - as far as possible and reasonable - about the content and scope of the recall measures to be carried out and give him the opportunity to comment.
9. Framework orders / call orders
9.1 We are only obliged to accept both the time and the scope of the delivery to the extent that we have called off the goods in writing.
10. Third party property rights
10.1 The contractor is liable for ensuring that no patents or other property rights of third parties in Germany or abroad are infringed by his delivery and their utilization by us.
10.2 If claims are made against us by a third party due to an infringement of property rights, the contractor is obliged to exempt us from these claims upon first written request. The indemnity obligation relates to all expenses that we necessarily accrue from or in connection with the claim by a third party.
11. Data protection
11.1 The contractor agrees that we may store company and personal data as part of the processing of business transactions.
12. Place of performance - place of jurisdiction
12.1 Unless expressly agreed otherwise, our place of business is the place of performance.
12.2 The place of jurisdiction for all disputes arising from our orders is the court responsible for Hockenheim. However, we are also entitled to appeal to the courts at the supplier's place of business.
12.3 The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Convention (CISG).
13. Severability Clause
13.1 Should individual provisions of these contractual conditions be or become ineffective, this shall not affect the validity of the remaining provisions. If a partial clause is ineffective, the validity of the remaining clause remains unaffected if it is separable from the partial clause in terms of content, is otherwise understandable on its own and results in a lasting meaningful regulation in the overall structure of the contract.
Shipping addresses:
Sägen-Mehring GmbH, headquarters
2. Industriestr. 10
DE-68766 Hockenheim
Sägen-Mehring GmbH, grinding shop
Duttweiler Str. 15
DE-68766 Hockenheim
Sägen-Mehring GmbH, warehouse + shipping
Duttweiler Str. 16
DE-68766 Hockenheim
Status: 01/2014
1. Orders
1.1 Our conditions of purchase apply exclusively. We do not recognize any terms and conditions of the supplier that contradict or deviate from our purchasing conditions, unless we have expressly agreed to their validity in writing.
1.2 An order is legally binding for both parties if it is placed by us in writing and has been confirmed to us in writing by the contractor. We reserve the right to withdraw the order if we have not received the order confirmation within 10 days of the order date.
1.3 Changes and additions to our orders as well as ancillary agreements of any kind require the written confirmation of the purchasing department to be effective.
2. Prices
2.1 The prices quoted on our orders are fixed prices without taking VAT into account and apply free of charge including packaging, unless expressly agreed otherwise. The transport insurance is taken out by us.
2.2 If, in exceptional cases, prices have not yet been agreed when the order is placed, the contractor will immediately submit the missing information for approval. The contract is only concluded when we confirm the prices of the offer in writing.
3. Delivery
3.1 The contractor adheres exactly to the order in all points during delivery. Any deviations from technical specifications in particular require our written consent prior to delivery. The weights, dimensions and quantities determined by our incoming goods inspection are decisive for the calculation.
3.2 The contractor is unrestrictedly responsible for the delivery of the ordered goods and the necessary supplies and services - even without fault - (full assumption of the procurement risk).
3.3 In the event of non-compliance with our delivery dates, the contractor pays, without the need to prove damage in individual cases, compensation of 0.5% of the agreed order value for each full week of delay, but no more than 5% of the order value. The contractor has the right to prove to us that the failure to meet the delivery date has resulted in no or significantly less damage. We reserve the right to make further legal claims.
3.4 The contractor is obliged to notify us immediately in writing if circumstances arise or become apparent to him from which it emerges that the agreed delivery time or the agreed delivery date cannot be adhered to. If the contractor does not comply with this obligation, a contractual penalty of 0.5% of the order value, but at least 100 euros and a maximum of 5% of the order value, shall apply as agreed for each individual case.
4. Shipping
4.1 Each shipment must be accompanied by a delivery note stating at least the scope of delivery, the material description and our order number. Empties that are not specially marked on the delivery note become our property free of charge.
4.2 At the latest on the day of dispatch, a dispatch note must be sent in duplicate to the respective company division.
5. Acceptance
5.1 Strikes, lockouts, transport disruptions, natural disasters, official measures and other operational disruptions in our area, which lead to a restriction or cessation of production or prevent us from transporting the ordered goods, release us from our purchase obligation for the duration and extent of their effect, if we cannot avert the disruption or it is not possible to avert it with reasonable means. In these cases, claims of the suppliers to the consideration or to compensation are excluded. If there is a delay in removal for the reasons mentioned above, the supplier must store the goods properly at his own risk until we or for us take over the goods.
6. Invoicing and Payment
6.1 Payment is made 14 days after receipt of the invoice with a 3% discount or 60 days net after receipt of the invoice.
6.2 If an early delivery is accepted, the agreed date is the delivery date.
6.3 We are entitled to invoice our services electronically. Invoices are sent by unencrypted e-mail to an e-mail address provided by the customer, unless otherwise agreed.
6.4 The contractor is not entitled to assign his claims against us or to have them collected by third parties without our consent.
7. Means of production
7.1 If we provide models, samples, tools, gauges, drawings and the like ("production equipment") to the contractor or if the contractor makes production equipment for us or has them made according to our specifications, we reserve title to them. Processing or reshaping by the contractor will be carried out for us. If the reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of our item to the other processed items at the time of processing.
7.2 The contractor is obliged to use the means of production exclusively for the manufacture of the goods we have ordered. The means of production as well as the items manufactured with the help of our means of production may not be made accessible to third parties and must be sent to us after the end of the cooperation without special request, unless we have agreed in writing to another use. The contractor is obliged to insure the manufacturing equipment belonging to us at replacement value at his own expense against fire, water and theft. He is obliged to carry out any necessary maintenance and inspection work in good time at his own expense. He has to notify us immediately of any malfunctions; if he culpably fails to do so, claims for damages remain unaffected.
8. Warranty
8.1 The contractor guarantees that the goods comply with our specifications and other information such as standards and other documents and that he will check them for them before dispatch. In any case, the goods must comply with the generally recognized rules of technology as well as the industrial safety and accident prevention regulations, as specified in particular in EN standards, DIN standards, VDE regulations and other recognized technical regulations. The supplier also guarantees that the delivery items are free of SVHCs (Substances of Very High Concern) within the meaning of EU Regulation No. 1907/2006 (REACH Regulation), provided that he has not informed us about the type and quantity of the contained SVHCs. Relevant certificates of conformity and, if applicable, CE marking are included in the delivery. In the case of cross-border deliveries of goods, the contractor is obliged to submit or submit a declaration of the manufacturer / origin of the goods without being requested to do so.
8.2 We are obliged to check the delivery within a reasonable period. The complaint is deemed to have been made on time if it is received by the contractor within a period of seven working days, calculated from the receipt of the goods or, in the case of hidden defects, from their discovery.
8.3 In urgent cases or if the contractor does not fulfill a warranty obligation within the statutory period, we are entitled to replace or repair defective parts at the contractor's expense and to have any damage removed or to make a covering purchase at the contractor's expense.
8.4 If the order includes the production of castings, the contractor will check the conformity of the model and drawing as well as the feasibility of the casting process before molding and assumes the guarantee for this. A subsequent objection to incorrect construction is excluded.
8.5 In addition, the contractor assumes the guarantee for his delivery in accordance with the statutory provisions.
8.6 Insofar as the contractor is responsible for product damage, he is obliged to exempt us from claims for damages by third parties upon first request insofar as the cause is within his sphere of control and organization and he is himself liable outside. In this context, the contractor is also obliged to reimburse any expenses in accordance with §§ 683, 670 BGB that result from or in connection with a recall campaign caused by the contractor, insofar as the claim is not based on §§ 830, 840 BGB in connection with §§ 426, 254 BGB follows. We will inform the contractor - as far as possible and reasonable - about the content and scope of the recall measures to be carried out and give him the opportunity to comment.
9. Framework orders / call orders
9.1 We are only obliged to accept both the time and the scope of the delivery to the extent that we have called off the goods in writing.
10. Third party property rights
10.1 The contractor is liable for ensuring that no patents or other property rights of third parties in Germany or abroad are infringed by his delivery and their utilization by us.
10.2 If claims are made against us by a third party due to an infringement of property rights, the contractor is obliged to exempt us from these claims upon first written request. The indemnity obligation relates to all expenses that we necessarily accrue from or in connection with the claim by a third party.
11. Data protection
11.1 The contractor agrees that we may store company and personal data as part of the processing of business transactions.
12. Place of performance - place of jurisdiction
12.1 Unless expressly agreed otherwise, our place of business is the place of performance.
12.2 The place of jurisdiction for all disputes arising from our orders is the court responsible for Hockenheim. However, we are also entitled to appeal to the courts at the supplier's place of business.
12.3 The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Convention (CISG).
13. Severability Clause
13.1 Should individual provisions of these contractual conditions be or become ineffective, this shall not affect the validity of the remaining provisions. If a partial clause is ineffective, the validity of the remaining clause remains unaffected if it is separable from the partial clause in terms of content, is otherwise understandable on its own and results in a lasting meaningful regulation in the overall structure of the contract.
Shipping addresses:
Sägen-Mehring GmbH, headquarters
2. Industriestr. 10
DE-68766 Hockenheim
Sägen-Mehring GmbH, grinding shop
Duttweiler Str. 15
DE-68766 Hockenheim
Sägen-Mehring GmbH, warehouse + shipping
Duttweiler Str. 16
DE-68766 Hockenheim
Status: 01/2014