Terms and Conditions of Purchase

1. General

1.1 The order placed shall be governed exclusively by our Terms and Conditions of Purchase set out below. Any silence regarding supplier terms and conditions of sale and/or delivery that deviate from our Terms and Conditions of Purchase shall not constitute consent.

1.2 Verbal agreements require our written confirmation to be effective.

1.3 During and after completion of the plant components, we reserve the right to inspect the quality and production status on site.

1.4 The contractor is obliged to deliver in accordance with the provisions and regulations of our customer. He must obtain this knowledge from us as early as the offer phase otherwise we must assume that he is aware of them.

2. Order

2.1 Only orders placed in writing shall be binding for us. Verbal or telephone orders require our written confirmation.

2.2 We expressly reserve the right to withdraw from the purchase contract without further obligations in the event of imminent insolvency, in particular in the event of bankruptcy or composition of the supplier. The costs incurred by us as a result shall be borne in full by the supplier.

3. Order confirmation

3.1 Acceptance of the order must be confirmed to us immediately in writing in duplicate, stating our order details. Deviating declarations require our prior written consent.

3.2 The order confirmation must be returned to us within 1 week of receipt of the order.

4. Delivery

4.1 The stated delivery dates shall be binding. Advance deliveries are only permitted with our consent and with corresponding value dates. We reserve the right to change the delivery dates. If a delivery week has been agreed, the Thursday of the delivery week shall be deemed agreed. This day shall be deemed the day of receipt and not the day of dispatch of the goods. goods.

4.2 Recognizable delays in delivery must be notified to us immediately, stating the reasons.
stating the reasons.

4.3 If the agreed delivery dates are exceeded, we reserve the right, after prior notice of default and the granting of a reasonable grace period, we reserve the right to without prejudice to the relevant statutory provisions, either to make subsequent delivery and compensation for late delivery or compensation for non-performance or to withdraw from the contract. or to withdraw from the contract.

4.4 In cases of force majeure, the consequences of the delay in delivery shall remain ineffective, provided that we are notified of the occurrence of the events without delay.

4.5 If no other written agreements have been made, delivery shall always be made free Osterburken always free Osterburken or our place of destination (intermediate supplier, etc.).

4.6 Over-deliveries and under-deliveries shall be at the Supplier’s expense.

4.7 Deliveries shall always be free domicile, packed, insured and, if applicable, duty paid.

4.8 Supplier material from completed BLEICHERT customer orders can be returned free of charge within one year of delivery, in standard commercial design, for the full amount of the credit note.

5. Shipping

5.1 Unless other delivery addresses are specified in our order, the above shipping addresses shall apply.

5.2 The least expensive transportation route shall be selected for each shipment. Expensive express or air freight costs only if the shipper has obtained our approval for this. has obtained our approval.

5.3 Each shipment must be accompanied by a delivery bill stating all our order details, in particular our article number, in particular our article number.

5.4 The items intended for shipment must be properly packaged.
Damage to the shipped goods or losses caused by excessively light and improper packaging shall be borne by the contractor.

5.5 We do not accept the costs of transport insurance.

5.6 Environmentally friendly packaging and filling materials must be used.
Packaging material is to be avoided wherever possible. Packaging material must be taken back by the supplier. This applies in particular to empty containers in which paints, chemicals, toner, etc. were delivered. We recommend DB mesh boxes and DB Euro pallets in exchange as well as standard BP packages. The supplier is aware of the guidelines of the Packaging Ordinance (Verpack-VO) for transport packaging, outer packaging and sales packaging and will select the packaging in accordance with this ordinance. Only packaging materials that are recyclable may be used. Other packaging shall be returned to the supplier at the supplier’s expense.

6. Invoice

6.1 Invoices must be submitted to us in duplicate within 5 days of delivery or performance.

6.2 Claims against us may only be assigned to third parties with our consent.

7. Acceptance and guarantee

7.1 Acceptance of the delivery shall be subject to reservation.

7.2 Unless otherwise agreed, the terms and conditions customary in the industry shall apply with regard to the warranty period, but at least 24 months. Warranty commences after acceptance by our customer. Contradictory statements in your order confirmation are legally invalid. If you do not wish to comply with these provisions, you must reject our order.

7.3 We are not bound to comply with any statutory or otherwise prescribed notice periods with regard to obvious or hidden defects.

7.4 We may assert a warranty claim to the effect that we may, at our discretion, demand either the delivery of defect-free goods or the rectification of the defective goods from the Contractor without delay at the Contractor’s expense. In urgent cases or in the event of default on the part of the contractor, we shall be entitled to remedy the defects ourselves or have them remedied at the contractor’s expense; this shall also include the assumption of subsequent costs by the contractor, e.g. removal of the defective goods, installation of the defect-free goods, together with all claims arising from installation costs plus surcharges, allowances, travel costs, etc. in accordance with our valid “General Installation Conditions”.

7.5 For replaced parts, a new warranty period shall commence after replacement for the duration of the warranty period initially agreed. We do not recognize any limitations of the warranty due to previously unknown technical data.

8. Industrial property rights

8.1 The Contractor shall be liable for ensuring that the use of the goods supplied by it does not directly or neither directly nor indirectly infringes domestic or foreign industrial property rights.
The Contractor shall indemnify and hold us harmless in respect of all claims made against us by third parties in connection with the delivery.

8.2 The protective note in accordance with DIN 34 (reservation of title) must be observed.

9. Documents, third-party constructions, acceptances, software

9.1 Documents of any kind which we make available to the Contractor, such as samples, models, drawings, software and the like, shall be returned to us free of charge without request as soon as they are no longer required for the execution of the order. They may not be made accessible to third parties. The production of copies requires our consent. Products which are manufactured according to documents designed by us, such as drawings, models and the like, or according to our confidential information or with our tools or copied tools, may neither be used by the Contractor itself nor offered or supplied to third parties.

9.2 In the case of the provision of software, the mutual license agreement concluded with you shall apply. If no such agreement exists, you are obliged to request our software license agreement without being asked in order to conclude such an agreement.

9.3 Agreements and approvals of third-party constructions and third-party circuit diagrams by us do not release the contractor from guaranteed faultless properties and warranty obligations. In the case of third-party designs and production according to our plans, we may carry out a preliminary acceptance and inspection of the scope of the order at the contractor’s factory. However, a final acceptance and performance test will only be carried out at the end customer’s premises. Once acceptance has been completed and the goods have been handed over to the end customer free of defects, the warranty obligation shall commence.

9.4 Missing parts that are provided by BAO free of charge for further processing or assembly must be reported to BAO in writing no later than 15 days before delivery of the system part. Material deliveries must be checked, the enclosed delivery bill must be signed and sent to BAO as confirmation of receipt of goods and missing parts must be reported to BAO immediately.

9.5 Third-party constructions are to be carried out exclusively on BLEICHERT forms.
Calculations of statics, cycle time, etc. are always part of the design and must be supplied with the design. The drawing standard must be executed in accordance with the production and documentation requirements of the end customer and BLEICHERT specifications.

10. Contract work

10.1 If processing orders are placed with the provision of materials, we shall only pay for the pieces or parts successfully processed by you and accepted by us. In the event of material damage in connection with the processing, the contractor shall be liable for any fault. The risk of accidental damage shall be borne by the client up to 10% of the value of the material handed over for processing, otherwise by the contractor.

10.2 The material provided to the Contractor shall be used exclusively for our order and shall remain our property. No power of disposal over this material or the parts manufactured from it shall be transferred. If the material is not required for our order, it must be returned to us. In the case of processed material, we shall retain co-ownership of the finished goods in the amount of the proportion of the value of the material compared to the total value of the goods.

10.3 The Contractor shall assume the risk of loss, e.g. fire, not only for its own materials and production services, but also for the materials, tools, equipment, etc. provided by us up to the time of assumption of risk by the transport insurance. In this respect, the insurance benefits shall be deemed irrevocably assigned to us. If defects occur, these must be reported to BAO at the latest after completion of the work. The defects must be entered in the drawings provided for production upon delivery of the system parts. Costs incurred as a result of incorrect drawings can only be recognized by BAO after immediate consultation and detailed lists (errors, items, working time, material). Assemblies must be subjected to a functional check before delivery.

10.4 Faults that are not reported and that lead to additional costs in the event of repeated production shall be charged to the initial manufacturer.

11. Payment

11.1 Unless expressly agreed otherwise, we shall pay at our discretion, either within 14 days of receipt of goods and invoice with a 3% discount or within 60 days net.

11.2 In the case of system parts (assemblies) which can only be subjected to a functional test after installation in the complete system, we reserve the right to pay 85% of the total order value on delivery and 15% after final acceptance by the customer. If no other written agreements have been made, payment shall be made in accordance with point 11.

11.3 We reserve the right to make use of the familiar check/bill of exchange procedure (refinancing bill of exchange) for amounts in excess of EUR 15,000. In such cases, ownership of the delivered goods shall be retained until the bill of exchange is honored.

11.4 We reserve the right to withhold payment in whole or in part in the event of a subsequent complaint.

12. Reservation of title

12.1 A reservation of title shall only be deemed binding if it has been specifically agreed outside the Contractor’s terms and conditions.

13. Place of performance – place of jurisdiction – applicable law

13.1 The place of performance for the delivery is Osterburken.

13.2 The place of jurisdiction for both parties is Adelsheim.

13.3 The respective supply contracts shall remain binding even if individual points of their terms and conditions are invalid. The interpretation shall be governed exclusively by German law.