General Conditions of Purchase

General Conditions of Purchase 

of ProTec Metalltechnik GmbH 

1. Scope 

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 Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. 

2. Conclusion of contract 

2.1 If we make the contractor an offer within the meaning of Section 145 of the German Civil Code (BGB) through an order, 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 to 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 oral promises that go beyond or deviate from the written contractual agreement.  

3. Prices and payment terms 

3.1 The contractually agreed price is binding. Prices stated include statutory sales tax, if this is applicable and is not shown separately. If 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 will 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 invoice. The start of the payment periods requires proper invoicing, stating the order number stated in the order from and . If acceptance is necessary, the aforementioned period begins after receipt of the invoice and acceptance.  

3.3 We are entitled to offsetting and retention rights 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 The receipt at the destination specified by us is decisive for the timeliness of 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 due to delay remains unaffected.  

4.4 If the contractor is in default with the delivery or service, we are entitled to impose a contractual penalty of 0.3% of the net price of the goods delivered late or the service provided late per working day, but a maximum of 5% of the net price in total to demand goods delivered late or services provided late. Claims for compensation for further damage as well as other claims and rights to which we are entitled due to delay remain unaffected. The contractual penalty will be offset against the claim for damages. The claim to a contractual penalty remains despite unconditional acceptance of the delayed service, provided that it is asserted at the latest at the time of payment of the invoice claim - in the case of contractually agreed partial payments, by the time of payment of the final installment.  

4.5 The contractor is obliged to indicate the order number provided by us and all relevant article and position numbers on all shipping documents and delivery notes. If information is missing or incorrect, we are not responsible for any resulting delays in processing and payment of the purchase price.  

5. Warranty 

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 elimination of the defect or the delivery of new, defect-free goods. If subsequent fulfillment fails, is unreasonable, impossible or is refused by the contractor, we are entitled, under the legal requirements, to demand compensation and/or to withdraw from the contract or reduce the purchase price.  

5.2 The contractor must bear all expenses necessary for the purpose of subsequent performance, including any dismantling and installation costs. 

5.3 When we receive the goods, we are only obliged to inspect the delivery for obvious, externally recognizable defects (in particular visible transport damage, incorrect deliveries and quantity deviations) and to report these immediately after delivery. Further investigations will be carried out if and as soon as this is feasible in the context of the orderly course of business. The obligation to report hidden defects remains unaffected.