1. Orders and agreements are binding, as they are in writing given and confirmed from our purchase department. Orders and delivery schedules are accepted provided that the supplier is not cancelling the delivery in writing within three working days from the incoming order/call of delivery. Calls of delivery can also occur through data distant transference. For orders, which are not in written form we are not obligated and they will not be paid, even if such achievements are produced by request of our staff. These general shopping terms are valid for all orders, even if they have no bill of sale to the object. By the acceptance of the order, these general shopping terms become contract contents. The suppliers terms of delivery are not valid, even if we do not contradict them expressly. Payments or acceptance of achievements by us mean no acknowledgement of any terms of sale and terms of delivery of the supplier. Different conditions are valid only, as far as possible they are recognised by us expressly in writing.

2. Provided that nothing else is agreed, our prices are fixed prices. One-sided price changes are not allowed.

3. The agreed dates of delivery are obliging, higher power except, By delivery not in time or achievement we are entitled to assert all legal claims arising from it. For the supplier recognizable delays of delivery he immediately has to inform us.

4. During the production to the delivery of ordered items, we can examinate materials, production procedures and all other works, which are relevant for the performance of the contract achievement. If the examination is not permitted without presentation of an important reason, we are entitled to the resignation of the contract, without the supplier can require compensation or payment of the present achievements. The same one is valid if already with the inspection defects or divergences of the contractual arrangements arise. Instead of the resignation we are also entitled to require prompt subsequent performance. We can also require any time report concerning the objects ordered by us, in particular above the state of her production. If we have not made of our rights for the purposes of this figure use, this cannot be held out to us.

5. The object of delivery has to correspond to the specifications called by us as well as the DIN-, VDE and similar regulations . Danger good has to be packed and signed due to valid laws. Latest versions of security data sheets are to be provided with the delivery. The danger property has to be packed, marked and transported due to the valid laws of the respective countries (incl. transit countries). The danger good classification or the notation „no danger good“ has to be noted on the light of delivery. The delivery or achievement is to be explained in such a way that the legal and official regulations applying by the date of delivery are kept. This is valid in particular for EU orders, on EU directives for being based laws, the device security law, accident prevention regulations and other industrial safety regulations as well as the security-technical and working-medical state of the technology. Until differently agrees, the CE-sign must be right clearly obviously; the conformance explanation and the danger analysis are to be provided. Packaging should be a basically recyclable packaging and exist of ecologically friendly materials.

Stack means should be produced without CFC, be innocuous freely of chlorine, chemically inactive, ground water-neutrally and in the combustion. The stack means are to be marked with approved recycling symbols, as for example to RESY or material symbols, as for example PE. The supplier is obliged to lead away his rubbish, packaging etc. independently and for us free of charge. If he does not follow to this arrangement, we will carry out on his costs without other term settlement the disposal. We undertake to document the whole process with which is made sure that all externally provided processes, products and services the in each case valid legal and official demands of the exporting country, the importing country and the country of destination called by the customers provided that they are informed of us fulfil. If the customer for certain products, the legal and official demands are defeated, special supervision measures fixes, we make sure that this supervision occurs as demanded and will maintain continuously also with suppliers.

6. The supplier has to keep for his deliveries to the quality assurance arrangement concluded with us. If there are no other agreements with the supplier, for the check of the first pattern, it will be pointed out to the document „Sicherung der Qualität von Lieferung in der Automobilindustrie – Lieferantenbewertung, Erstmusterprüfung“, Frankfurt am Main (aktuelle Ausgaben), of the Association of the Automotive Industry. The supplier has to check the quality of the objects of delivery constantly. If kind and extent of the check as well as the test means and methods are not agreed between the supplier and us, we provide by request of the supplier within the scope of our knowledge experiences and possibilities to discuss the check with him to determine the in each case necessary state of the test technology. In addition, we will inform the supplier if requested about the safety regulations to be applied. The supplier has to comply the document „Dokumentationspflichtige Teile bei Automobilherstellern und deren Zulieferern – Durchführung der Dokumentation“, Frankfurt am Main (aktuelle Ausgabe) of the Association of the Automotive Industry. It is to be held on in recordings, when in which manner and by whom the objects of delivery have been checked and which results have proved the demanded high-class tests. The exam documents are to be kept ten years and to present us when required. The supplier has to oblige presuppliers within the scope of the legal possibilities in the same extent. The contracting partners will find out about the possibilities of high-class improvements mutually. As far as the authorities who are responsible for the automobile security, exhaust gas regulation or similar require insight into the production process and our exam documents for the check of certain demands, the supplier agrees at our requests to put away the equal rights for these authorities in his company and to give, besides, every reasonable support.

7. Our visitor’s directives are valid for works in our enterprise.

8. The supplier is liable for the fact that his delivery is freely from right third and that no patents or other protective rights of third at home and abroad are injured by his deliveries and his utilisation according to contract. Our claims from the legal liability for defects come under the statute of limitations within a term of three years, calculated from our knowledge or roughly careless unawareness of the underlying duty injury.

9. Dispatch papers and calculations are to be provided with our order number or call number, the supplier’s number, our material number, the delivery address and the material amount. The single bundles of the delivery must be provided with our goods name.

The single bundles of the delivery must be provided with our goods name. With nonobservance we reserve ourselves to charge originating costs to the supplier. Transport insurance premiums are not refunded because we are self-insurers.

10. As far as nothing else is agreed, our payments occur with 3% of discount to the first date of payment (middle of the month and month end or beginning of the subsequent month) which follows a term of two weeks after receipt of goods and calculation. The calculation has to be sent in two copies with declaration of order number (with calls in addition the call number) and the supplier number to the ordering company. If the goods are coming in later than the calculation or is there any incompleteness in the calculation, the term for discount is the incoming day of the ware respectively of the correct calculation.

11. We are authorized, to settle demands of the supplier also against demands of allied companies within the maturity.

12. Without a written approval from our side, which cannot refused unfairly, the supplier is not allowed to assign his receivables against us. Equally he allow to enter demands by third ones. By presentation of extended retention of title the approval is valid as given.

13. The purpose of the contract achievement is known to the supplier. He sticks for material defects which affect the suitability of the achievement for the certain  purpose. Untill aberrantly regulated, the best quality is valid in material and implementation as agreed.

14. Liability, including the material defect liability, is directed according to the legal regulations, as far as nothing else is agreed or is regulated in these conditions not differently. The objection of late fault rebuke and decrease without is excluded. In urgent cases we are entitled to substitute for damaged parts at the expenses of the supplier or to mend and to remove resulted damages. By new delivery or fault removal the period of limitation begins for the material defect liability for the suitable parts once more. If we are taken up because of injury of official safety regulations or for other legal arguments after in or foreign right, we are entitled to require the allowance of the damage resulted by us for the regulations to us towards of applied right (liability principles) taking into account the principle of Faithfully and faith, from the supplier, as far as his deliveries or his behaviour were faulty and were the cause for the damage, unless, the supplier proves that the damage has been inevitable and unpredictable. In the cases in which a recourse is to be expected we are ready to inform the supplier about the claims upraised against us and the measures taken by us. Our claims after Ziff. 14 come under the statute of limitations in two years beginning with the decrease of the delivery, provided that a longer term is not agreed or arises from the law. To resort claim of us against the supplier because of material defect claims according to §§478, 479 Civil Code remain untouched. We can assert them also if the end customer is not the consumers but the enterpriser. By confirmation of the receipt of objects of delivery and by decrease of the approval of presented drawings we do not renounce claims from material defect liability and other rights.

15. Our order and all business and technical details hanging together with it are to be kept secret by the supplier. The supplier may point only to the business connection with us if we have agreed with it in writing.

16. Place of fulfilment for the deliveries and achievements is the delivery place called by us, for the rest, and for all the other obligations. In addition to these general shopping terms the right of the Federal Republic of Germany is valid indispensably to the exclusion of the UN arrangement about contracts about the international goods purchase from the 11th of April, 1980. The ineffectiveness of single regulations does not touch the effectiveness of these conditions, for the rest. Place of venue is Hof. We can also call for the seat of your enterprise to responsible courts or those courts before which to us third from circumstances take up which hang together causally with your deliveries, achievements and other obligations