6. Delivery note
A delivery note in duplicate must be attached to each delivery at the marked spot.
7. Invoices, credit periods and payment of cost estimates, etc.
Cost estimates, drafts, drawings and samples are only paid for by us if a written agreement has been entered into beforehand to cover this. Invoices are due for payment 30 days after receipt of the invoice. If we pay within 14 days following receipt of invoice, we are entitled to a 2 % discount on payment. The date of receipt of the invoice is the deciding factor when calculating the credit periods and discount periods. If the goods arrive after the invoice, then the credit periods and discount periods only begin to run on the day that the goods are received.
8. Receivables
Receivables ensuing from deliveries to us may only be assigned if we have agreed to this in writing.
Offsetting payables against receivables ensuing from deliveries to us is unreservedly permissible. Rights of retention on account of own claims against receivables ensuing from deliveries to us may not be restricted or ruled out.
9. Material defect claims
In the event of material defects, we can claim material defects as defined by law. We draw your attention to our suppliers' guide and our quality regulations. Following the first unsuccessful attempt, remedying the defect is deemed to have been abortive. If the supplier does not fulfil his duty to subsequently perform within the stipulated period, we can in addition carry out repair work ourselves at the expense of the supplier and we can in particular replace defective parts. At the expense of the supplier, we can repair damages that have occurred. In the event of the defect being remedied or new goods being delivered, the statutory warranty period starts to run again for the replaced parts. The acceptance or release of drawings or samples does not rule out our right to enforce material defect claims.
10. Industrial property rights and copyrights
It is the responsibility of the supplier to ensure that, when making his delivery, third-party industrial property rights and copyrights are not infringed. He must enable us to use his supplies including any possible repairs, changes or additions to the delivered goods, both at home and abroad, and in this respect he must indemnify us against any third-party claims. If any third parties assert non-use claims against us in respect of delivered goods or services carried out, we shall be entitled to hand back goods which have been paid for at the expense of the supplier and to do away with any services which have been carried out. Payments made by us are to be refunded. We are entitled to demand compensation for the damages we incur. |
