Terms and Conditions of Purchase
WEIGANG AG Terms and Conditions of Purchase
Delivery conditions deviating from the purchase conditions stated here will only be accepted if they have been confirmed by us in writing.
If no confirmation is received from the supplier within 10 days of receipt of the order, the order shall be deemed accepted at our price and delivery conditions.
The agreed prices are fixed prices. If the prices are not fixed when the order is placed, they must be stated in the order confirmation. In this case, we reserve the right to approve the order. We shall be entitled to make use of price reductions made up to the scheduled delivery date. We are entitled to offset with and against due and future claims.
If the freight has to be paid by us by special reason and a transport company is named by us, this company shall be commissioned with the transport. Otherwise we must charge the contractor with the additional costs.
All consignments are to be transported free of charge to our works. Cash on delivery shipments will not be accepted by us. Packaging will only be remunerated by us after a separate agreement. The goods are to be packed carefully and appropriately and provided with the necessary accompanying documents (consignment note, delivery note). The Contractor shall be liable for any damage to the defectively packaged goods. Specially agreed special packaging will be returned to the sender free of charge against full credit note.
The risk of shipment shall be borne by the supplier until it has been taken over by our personnel.
Delivery must be made in the quantities specified by us on the agreed dates. We are not obliged to accept partial, excess or short deliveries that have not been agreed. Delays in delivery are to be reported to us immediately with reasons and the expected duration.
In the event of non-compliance with the delivery dates, we may withdraw from the contract or claim damages for non-performance at our discretion after issuing a single reminder or setting a grace period and without express warning of refusal of performance. Instead of the claim for damages or withdrawal, we may insist on performance and additionally demand compensation for the damage caused by the delay. If the delivery period is exceeded, compensation for delay in delivery of 1% of the delivery value per week, but not more than a total of 5%, shall be charged. Strikes, lock-outs, natural disasters, official measures and other operational restrictions shall release us from our acceptance obligations for the duration and to the extent of their effect. We shall endeavour to limit these difficulties as far as possible. Claims of the supplier for damages, consideration or withdrawal from the contract are excluded in these cases. At our request, the supplier shall store the goods properly at his expense and risk until the difficulties have been remedied.
Transfer of rights
The supplier may not have the order executed by third parties without our consent. The assignment or pledging of the pecuniary claim directed against us shall only be effective if we give our consent in writing.
The supplier is not entitled to a right of retention or a right of set-off against the services incumbent upon him under the contract unless we have acknowledged his counterclaims in writing or they have been legally established by a court.
An invoice in duplicate must be sent to us by post for each consignment. The duplicate must be clearly marked as such. Please note that the absence of our order data will delay payment of the invoice. The invoices will be settled once a week either after 2 weeks with 3% discount, or four weeks with 2% discount, or after 60 days net. The payment period begins after receipt of invoice and goods.
Place of performance
Place of performance for delivery and payment is Ebern. The place of jurisdiction shall be Bamberg, however at our request the supplier may be sued at his competent place of jurisdiction.
If individual provisions of these conditions are or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall be obliged to agree on a new provision which comes as close as possible to the purpose pursued by the invalid provision.
Warranty claims and recourse
Acceptance shall be made subject to an examination for defects, in particular their correctness, completeness and suitability. We shall be entitled to inspect the subject matter of the contract to the extent and as soon as this is feasible in the ordinary course of business; any defects discovered shall be notified by us immediately upon discovery. In this respect, the supplier waives the objection of delayed notification of defects.
The statutory provisions on material defects and defects of title shall apply, unless otherwise stipulated below.
If the supplier does not begin to remedy the defect immediately after our request to remedy the defect, we shall be entitled in urgent cases, in particular to avert acute risks or avoid major damage, to do so ourselves at the expense of the supplier or to have it done by a third party. Claims for material defects shall become statute-barred after two years. The limitation period for material defect claims begins with the delivery of the subject matter of the contract. (Passing of risk)
In the event of defects of title, the supplier shall also indemnify us against any existing claims by third parties. A limitation period of ten years applies to defects of title. If we incur costs as a result of the defective delivery of the subject matter of the contract, in particular a reduction in the purchase price, transport, travel, labour and material costs or costs for an incoming goods inspection exceeding the usual scope, the supplier shall bear these costs.
If a material defect becomes apparent within six months of transfer of risk, it shall be assumed that the defect already existed at the time of transfer of risk, unless this assumption is incompatible with the nature of the item or defect.
Product liability and recall
In the event that claims are made against us on the basis of product liability, the supplier shall be obliged to indemnify us against such claims if and to the extent that the damage was caused by a defect in the contractual item supplied by the supplier. In cases of fault-based liability, however, this shall only apply if the supplier is at fault. Insofar as the cause of the damage lies within the area of responsibility of the supplier, he shall bear the burden of proof in this respect.
In this case, the supplier shall bear all costs and expenses, including the costs of any legal action or recall action. Otherwise, the statutory provisions shall apply.