General Conditions of Purchase
General Conditions of Purchase
of ProTec Metalltechnik GmbH
1.1 Our General Terms and Conditions of Purchase (hereinafter “ GPC ”) apply to all purchase contracts concluded by us. contractor deviate from, differ from, or supplement these AEB unless we have expressly agreed to their validity. The following conditions also apply if we accept the delivery or service without reservation in the knowledge of conflicting or deviating conditions of the contractor.
1.2 The following conditions only apply to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law.
2. Conclusion of contract
2.1 If we submit an order to the contractor within the meaning of § 145 BGB, the contractor can accept this offer in text form within two weeks of receipt of the order, unless otherwise stated. After this period has expired, we are no longer bound by the offer.
2.2 All agreements made between us and the contractor for the purpose of executing the contract are set out in writing in full in the contract, including these general terms and conditions of purchase and order. Our employees are not authorized to make verbal promises that go beyond or deviate from the written contractual agreement.
3. Prices and terms of payment
3.1 The contractually agreed price is binding. Stated prices include statutory sales tax, if applicable and not shown separately. Insofar as a delivery is owed, the price includes delivery DDP in accordance with INCOTERMS 2020 unless otherwise agreed in writing.
3.2 Unless otherwise agreed, we shall pay the invoice amount within 14 days of complete delivery and receipt of the invoice with a 2% discount or net within 30 days of delivery and receipt of the invoice. The start of the payment periods requires proper invoicing, stating the order number specified in the order from and . If acceptance is required, the aforementioned period begins after receipt of the invoice and acceptance.
3.3 We are entitled to rights of offsetting and retention to the extent permitted by law.
4. Delivery and Delivery Time
4.1 Unless otherwise agreed, delivery must be made DDP in accordance with INCOTERM 2020. The risk of accidental loss and accidental deterioration only passes to us upon handover at the destination specified by us.
4.2 Receipt at the destination specified by us is decisive for the timeliness of the deliveries.
4.3 The agreed delivery or service time is binding. The contractor is obliged to inform us immediately in text form if circumstances arise or become apparent to him which indicate that the agreed delivery or service time cannot be met. The contractor's liability for delay remains unaffected.
4.4 If the contractor is in default with the delivery or service, we are entitled to charge a contractual penalty of 0.3% of the net price of the goods delivered late or the service rendered late per working day, but no more than 5% of the net price in total late delivery of goods or late service. Claims for compensation for further damage as well as other claims and rights due to delay to which we are entitled remain unaffected. The contractual penalty will be offset against the claim for damages. The right to a contractual penalty remains in place despite unconditional acceptance of the delayed service, provided that it is asserted at the latest by the time the invoice is settled - in the case of contractually agreed installments by the time the final installment is paid.
4.5 The contractor is obligated to state the order number specified by us and all relevant article and item numbers on all shipping documents and delivery notes. If the information is missing or incorrect, we are not responsible for the resulting delays in processing and payment of the purchase price.
5.1 In the event of material or legal defects, we are entitled to the statutory warranty claims without restriction. In particular, we are entitled, at our own discretion, to demand the removal of the defect or the delivery of new goods free of defects. If the supplementary performance fails, if it is unreasonable, impossible or if the contractor refuses it, we are entitled to demand compensation under the statutory conditions and/or to withdraw from the contract or to reduce the purchase price.
5.2 The contractor shall bear all expenses required for the purpose of supplementary performance, including any removal and installation costs.
5.3 Upon receipt of the goods, we are only obliged to examine the delivery for obvious, externally recognizable defects (in particular recognizable transport damage, incorrect deliveries and quantity discrepancies) and to report these immediately after delivery. Further investigations are carried out if and as soon as this is feasible in the ordinary course of business. The obligation to report hidden defects remains unaffected.