I. Scope of Application
- These terms and conditions for the purchase of goods and services ("Terms") are binding in respect of all - also future - contracts concluded between Principal and Contractor in respect of supplies and other services of any kind made and provided to Principal.
- For the avoidance of doubt, these Terms are applicable also to future transactions with the Contractor, even if these Terms are not specifically incorporated by reference in a particular case. Any understandings (amendments, modifications) that derogate, by way of exception, from these Terms, are applicable only to the transaction for which Principal has confirmed them in writing.
- These Terms are also applicable if Contractor installs or assembles deliverables in accordance with an order.
II. Ordering Process
- The date on which Principal places an order, yet in case orders are placed orally or on the phone, the date on which an order is confirmed by Contractor, shall be the order date.
- Contractor's quotes (including project costs) are free and should be understood only as an invitation to make an offer for the conclusion of a contract (purchase order). Furthermore, cost estimates, plans, test certificates for technical equipment and any other documents shall be binding and shall not be remunerated, unless explicitly agreed otherwise in writing.
- Information the Contractor provides in its offer on the quantity and condition of the goods or details of workmanship shall strictly correspond to the respective inquiry. Prices for goods billed by weight are based on their net weight without packaging and packaging aids (e.g. mesh boxes, pallets, sleeves).
- Orders, contracts and supply requests as well as changes and modifications thereof, including amendments of the underlying contract and these Terms and this written form requirement, shall be valid only if made in writing. This shall also apply to any termination. Remote data transmission (email) or fax also meet the written form requirement.
- If the order does not include any prices or indicates only reference prices, Contractor shall disclose binding prices in the confirmation of an order, which shall, however, require Principal's written request.
- In case of framework agreements, individual orders will be placed with Contractor
- Should the confirmation of an order derogate from the contents of the order, this fact must be clearly stated and Principal's written consent obtained. Principal reserves the right to cancel an order if the order was not consensually accepted within 14 days.
- Orders must be confirmed two business days after having been placed, at the latest.
- If Principal does not receive the confirmation of an order in due time and if Contractor nevertheless already dispatches the goods, a contract will be concluded on the basis of these Terms.
- Any documents addressed to Principal, including but not limited to confirmations of orders, dispatch notes, delivery notes and invoices, must contain the order number, the order date, Principal's article number as well as any information Principal is using to identify an order in detail. In case of call orders, Contractor shall also indicate the respective data of the corresponding calls.
- In case of intra-Community supplies, item number and net weight must be indicated