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General purchase terms of Moellmann Industriebeschläge GmbH (Status 01.07.2004)


1. General

(1) All orders are exclusively carried out on these purchase terms.Changes and completions as well as general business conditions of the supplier differing from the Moellmann purchase conditions are regarded as assumed only then, if they are confirmed in writing by Moellmann as an addition on the purchase terms. The same is valid, if the order confirmation of the order differs. Abgedungen is the principles about a silence on a business confirmation letter into ready. Consent to the general business terms of the supplier also means the acceptance of deliveries or performances as well as its payment no-one.

(2) The specifications agreed on between Moellmann and the supplier, drawings, descriptions and other documents apply to the execution of the goods or services.


2. Order

(1) The contract end is made by an order of Moellmann (supply) and a confirmation (acceptance) by the supplier in respectively written form. Singles orders or call orders are possible by Moellmann.

(2) Orders have to be confirmed immediately upon receipt of the supplier.

(3) If the supplier doesn't accept the order (supply) (acceptance) within 2 weeks since entrance, then Moellmann is no longer bound to the order (supply).

(4) Moellmann can require changes of the contract objects in the context of the reasonableness for the supplier in construction and explanations. At this the consequence are measured particularly with regard to the increase and inferior costs as well as the delivery dates to regulate conjointly.

(5) Changes or completions of the order are only effective, if they are confirmed by Moellmann in writing.


3. Delivery date, delay in delivery

(1) Delivery dates agreed on are obligatory and refer as far as nothing else is agreed on on the entrance at the head-end mentioned in the order. " delivery isn't free " for work the supplier has to provide the product for shipment and dispatch under consideration of the usual time on schedule, agreed.

(2) Are recognizable delivering delays to inform about Moellmann immediately and to coordinate the further procedure with Moellmann .

(3) If supplier is not able to make the delivery at the confirmed date, Moellmann has the right to let the supplier pay the damage for Moellmann because of this. Before that Moellmann has to give supplier an adequate time for subsequent delivery. Besides this Moellmann is entitled by the contract to step down. The acceptance of the delayed delivery or performance doesn't contain any renunciation of compensation entitlements.

(4) Moellmann is authorized at repeated delay in delivery to discontinue the orders not fulfilled yet at this time with an immediate effect altogether after previous caution.


4. Transport, packing, danger transition

(1) As far as nothing else agreed the delivery carried out freely incl. work all additional costs and packings. The supplier bears attacking disposal costs for the packing.

(2) The danger transition is carried out in every case first after delivery of the product at the head-end agreed on.This is also valid, if due to special agreement the freight charges of Moellmann have to be carried. As far as the transport is carried out at expense of Moellmann, the dispatch regulations have to be observed by Moellmann and it has to be sent to the respectively lowest costs.

(3) Moellmann staff acts merely at the handing over of the ordered objects to Moellmann as a fulfillment assistant of the supplier.

(4) Every delivery is a delivery note in double execution.

(5) On all correspondences the data to which is pointed particularly in the ordering form have to be indicated.


5. Payments and payment conditions

(1) Moellmann makes the calculation position payments if not agreed differently within 30 days as of date less 3% cash discount or 60 days net. The period of payment starts, is as soon as the delivery or performance produced completely and the regularly flared invoice had influence.

(2) For the calculation and payment of the deliveries the weights established on the unloading area or crowds are authoritative. On faulty delivery Moellmann is authorized to hold the payment back up to the proper fulfillment worth proportionately. Outlines, drawings and sample only are paid for, if about this a written agreement has been reached before.

(3) Payments don't mean any appreciation of the deliveries or performances as as stipulated in the contract.

(4) The supplier has to be let move in without previous written consent not to hand over of Moellmann which may not be refused unjustly justifiable, his demands or by third parties. When being of prolonged property reservation the consent is regarded as assigned.The supplier hands over his demands against Moellmann contrary to sentence 1 without the consent to a third party, the assignment is that way nevertheless effectively. Moellmann can, however, do after his choice with a freeing effect to the supplier or the third party.


6. Demands due to defects

(1) The acceptance of the deliveries/performances is carried out under reservation of the examination on correctness and suitability. Moellmann will immediately reprehend defects of the delivery as soon as they are stated after the conditions of a proper business expiry. The supplier does without in this respect the objection of the delayed customer's complaint.

(2) The supplier ensured this one agreed that the contract objects mängelfrei are for composition and assured if necessary have qualities as well as correspond to the recognized rules of technology and the safety technical rules existing in the time of the delivery or performance.

(3) Moellmann is authorized to ask free after-fulfillment either Mängelbeseitigung or substitute delivery of Moellmann at defects of the delivery performance after choice. This also applies to deliveries on which the examination confines herself to samples.

(4) If this one remains after-after-fulfillment without success is to require the reduction of the price or compensation or the substitute of vain charges, Moellmann authorized to withdraw from the contract completely or partly compensation in bulk.

(5) In urgent cases particularly to the avoidance of excessive damages Moellmann can let a possible Mängelbeseitigung execute alone or through third parties or obtain if necessary mangle free contract objects from third parties to the retention of the own delivering obligations on the necessary scale. The supplier bears the costs required for this.

(6) If a product entrance test exceeding the usual size gets required in result of unsatisfactory delivery, the supplier bears the costs.

(7) The supplier carries expense and risk of the return, end sorting or scrapping of unsatisfactory delivering objects.

(8) Is a fault discovered first after further processing of the contract objects the supplier is all of costs connected to the exchange or the rework of the faulty contract objects obliged transport check-,-, for ways-, for work-and carry cost of materials particularly. The costs of a required exchange also are part the repair of products into which Moellmann has installed faulty contract objects as well as the costs for handling and liability quiet actions gift winding (material additional costs) of this //und/oder//.

(9) Material defect claims are in lapse within 24 months. The limitation period for material defect claims starts with the delivery of the contract object (danger transition).

(10) At on the right defects the supplier Moellmann of possible claims of third parties leaves. The limitation period for on the right defects is 10 years.


7. Liability

(1) As far as a damage results for Moellmann or one third party because of a delivery of unsatisfactory parts or the unsatisfactory execution of a service or the other injury of contractual duties, the supplier is obliged to the compensation.

(2) Z for measures of Moellmann or the customer of Moellmann to the damage defense (The supplier liable as far as the damage has been caused by a fault of the product delivered by the supplier B. recall action).

(3) The supplier obliges himself to effect for Sach and injuries to persons including return call cost recovery and to run out of at least 15 years about the delivery/performance a product legal liability insurance for everyone of deliveries and carried out by him performances with a sum insured adequate the risks of the automobile industry.Manner and size of the insurance protection including the name of the legal liability insurer have to be proved against Moellmann in suitable form. Deviations have to be checked and agreed in the individual case.


8. Provided material

(1) The materials provided by Moellmann remain in the property of Moellmann and shall to store, to describe free of charge to manage. Your use is permitted only for orders of the customer.

(2) Before the beginning of the production the supplier has to examine the provided material for visually recognizable defects as well as to carry out an identity examination.During the production the supplier will carry out further examinations as far as these are agreed with Moellmann particularly or according to his quality management system are required. If the supplier notices quality lacks of the materials provided by Moellmann, Moellmann has to be informed immediately to coordinate the further measures.

(3) Processing of the materials provided by Moellmann is carried out in every case for Moellmann . Otherwise on the whole the value of the material provided by Moellmann exceeds the value of the processing and if necessary the other components of the things produced newly the value of the provided material to the value of the overall result, the things produced newly become property of Moellmann arises co-ownership of Moellmann proportionally.


9. Tools, forms

(1) Tools, forms or any other informations belonging to Moellmann projects which will be made by the supplier are not allowed to give to unautorized third parties without our allowance. You may not be made approachable to third parties provided that this is required not for the fulfillment of the contract. Neglects the supplier this duty then Moellmann can subject to broader rightist require the handing out.

(2) The supplier may not make all information attained in connection with the order carrying out approachable to third parties as far as they aren't confessed generally or other way lawfully.


10. Insurances

The deliveries are transport insured by Moellmann.The contractor has to assign SVS/RVS ban to the forwarding agents.Evtl. The contractor carries RVS boni for SVS/.


11. Supplementary determinations

If a determination of these conditions and the broader agreements reached should be or get ineffective, then the validity of the conditions isn't touched in the left through this. The contracting parties are obliged to replace the ineffective determination by a regulation amounting to her economic success if possible.

 
12. Place of performance

Place of performance for the deliveries and performances is the place to which the contract object has to be delivered as per order.


13. Place of jurisdiction

Place of jurisdiction is the seat of Moellmann. The contract is subject to German law under exclusion of the UN purchase right of 11.04.1980.

Moellmann Industriebeschläge GmbH
Langenberger Straße 147
D-42551 Velbert

T: +49 (0)2051 - 2084 - 0
E: info@moellmann-beschlaege.com
W: www.moellmann-beschlaege.com
 

 

 
 
 
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