General purchasing conditions of Göpfert Maschinen GmbH
1.1 These general purchasing conditions apply for all orders placed by Göpfert Maschinen GmbH, D-97353 Wiesentheid, hereinafter referred to as the ordering party.
1.2 Differing, conflicting or additional general terms and conditions of business of the supplier are inherent to the contract only if the ordering party has expressly consented to their validity in writing. This consent requirement applies in all cases, e.g. even if the ordering party accepts the offer or the supplier's delivery unconditionally in full knowledge of its general business terms and conditions.
2. Contract conclusion and scope of the delivery
2.1 The contract takes effect with the sending of an order confirmation.
2.2 The scope and execution of the delivery should be exclusively in accordance with the order confirmation. Materials or performances not included in the order may only be invoiced separately when the ordering party has ordered the same expressly and in writing.
3. Payment agreements
3.1 Prices are charged as agreed. Proportionate price adjustments (e.g. due to increased wage costs or rising material prices) are not allowed.
3.2 Interest at the statutory rate will be added to the purchase price in the case of payment arrears.
3.3 The supplier may assert only such claims as are undisputed or legally established.
4. Packaging, delivery and transfer of risk
4.1 If undamaged shipping crates are returned free to the supplier's premises, 2/3 of the relative packaging costs will be repaid
4.2 The place of fulfilment for the delivery is the ordering party's works.
4.3 Delivery times issued by the supplier are binding. In the event of non-compliance with a delivery date the ordering party is authorised to withdraw from the contract after an appropriate period of grace. In the case of force majeure or unforeseen events (e.g. strike), for which the supplier is not responsible, said supplier is entitled to perform within an appropriate time after the end of the event. In this case the ordering party must be notified immediately.
4.4 The delivery takes place at the risk of the supplier. The risk transfers to the ordering party as soon as the goods arrive at the ordering party's works.
5. Contract withdrawal rights
5.1 The ordering party is granted a contractual withdrawal right.
5.2 If after contract conclusion the ordering party learns of the liquidation or delivery delay on the part of the supplier, the ordering party is entitled to withdraw from any or all uncompleted contracts. In this case the ordering party is entitled, irrespective of further statutory claims, to a fixed amount of compensation for lost profit of 20 % of the net sales value of goods ordered but not delivered. The supplier is entitled to prove lesser, the ordering party to prove greater damage.
Statutory regulations apply in the event of a defect.
7. Retention of title
If retention of title is agreed, resale in the course of normal trade is permitted subject to transfer of the retention of title.
Materials of the ordering party (e.g. drawings, figures, plans, models etc.) may not be disclosed to third parties without the express consent of the ordering party and shall be returned immediately if a contract does not come into effect.
9. Final conditions
9.1 The contract partners agree to the application of German law with respect to all legal relationships. German Law also applies for cross-border negotiations to the exclusion of the UN-Sales Convention.
9.2 The place of fulfilment for all performances, particularly delivery and payment, is Wiesentheid.
9.3 The agreed place of jurisdiction for all disputes from the contract relationship is Kitzingen.
9.4 Should any provision of this contract be unworkable, this shall not affect the workability of the remaining provisions. The unworkable provision shall be replaced by legal provisions.