Siewert & Kau Logistik GmbH General Terms of Purchase
- All deliveries, services and offers of our suppliers are subject to these General Terms of Purchase. They will also be deemed valid for all future business transactions with supplier without this being explicitly mentioned in any individual case.
- We do not accept or acknowledge any of supplier’s General Terms of Business that deviate from ours, irrespective of whether we explicitly contradict such terms or not.
II. Orders and Commissions
- If not indicated otherwise, we consider ourselves bound to our offers for a period of one week from date of offer. Supplier’s acceptance is subject to our timely receipt of such acceptance/confirmation.
- Our purchasers have no right whatsoever to make oral side agreements going beyond the contents of the written contract.
- We reserve the right to make changes as to the time and place of delivery or service as well as the type of packing at any time by given written information to this end at least 5 working days before the delivery or service date agreed upon.
- None of the supplier’s rights resulting from the contracts concluded with us can be transferred with our consent.
III. Prices and terms of payment
- The price laid down in the order is binding and is considered firm. Unless otherwise agreed upon, prices are understood CIP, inclusive of packing, transport and insurance.
- Supplier’s invoices are payable within 14 days less 3% cash discount or 30 days net, from the date of delivery, acceptance or when the service was rendered or, if later, the day of receipt of invoice.
- Supplier has to indicate our order number, the item number, quantity to be delivered and delivery address in all documents such as order confirmation, delivery notes and invoices. In case one or more of said details are missing thus delaying the normal handling process of the order, any of the a.m. payment periods will be extended by the extra time needed because of such delay.
- In case of delayed payment we will owe interest at a rate of maximum 5 per cent points above the basic rate. Article 247 BGB (German Civil Code).
- The delivery or service periods indicated in our orders are binding. Premature delivery or rendering of services is not allowed.
- Unless otherwise agreed upon, our company’s headquarters/registered office is the place of fulfilment for all deliveries or services rendered by supplier. Also in such cases where we have agreed on the goods to be sent, we will not assume the risk before the moment the goods are handed over to us at the agreed point of destination.
- At the moment of despatching the goods the relevant despatch notes will have to be sent to us both by fax and e-mail. Supplier has to add all shipping documents requested especially freight and customs documents, as well as the documents related to and necessary for the safety of the goods. Supplier has to take the packing back free of charge for us, should this be requested.
- As soon as supplier realises that the delivery/service date cannot be met, supplier must immediately inform us in writing, indicating the expected duration of such delay. In the case of delay in delivery we will be entitled the liquidated damages at 0.5 per cent per beginning of each week, maximum 5% of the order value, after having given a warning to this end in writing. We reserve the right to demand further compensation (thereby taking account of the liquidated damages).
- Suppliers may only make use of their right of retention, if such claim is based on the same contractual relationship.
- The commercial inspection and defect notification shall apply, if we complain about obvious defects within 5 working days after receipt of goods, and within 5 working days after finding out about hidden defects/inherent vice.
- In case of defects we shall be entitled to all our statutory rights. If the supplier fails to comply with the resulting extended obligation within a suitable lead time laid down by ourselves, then we shall be entitled to remedy the matter by taking the necessary steps ourselves but at supplier’s risk and cost or have the relevant steps taken by a third party.
- The limitation period for such claims is 36 months after the date of the passing of the risk or longer, if the statutory limitation period is longer.
- The acceptance and approval of patterns or samples does not mean that we will refrain from claiming damages.
VI. Retention of title
Apart from the simple right of retention, we do not accept any rights of retention by supplier.
- Supplier is obliged to treat as strictly confidential the terms of the order and all relevant information and documents provided by us (with the exception of generally known and publicly accessible information) and to exclusively use them for the execution of the order. This applies also for the post-contractual period. Supplier will pass this obligation on to supplier’s sub-contractors.
- Supplier must not refer to our business relationship in their advertising or present or exhibit any products specially manufactured for us without having obtained our previous consent.
VIII. Final provisions
- The contractual relationship of ordering party and supplier is subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG).
- For all disputes arising from and in connection with this contractual relationship the place of jurisdiction will exclusively be that of our registered office, if supplier is a business person or does not have a general place of jurisdiction in Germany at the time the contract is concluded or the court case is filed. We are, however, entitled to decide whether to file a court case against supplier at supplier’s general place of jurisdiction.
- If one or several conditions of these Terms of Purchase become ineffective or partially ineffective, the validity of the remaining terms shall not be affected.
IX. Privacy Information
- You will find our information for the fulfillment of the statutory information obligation under Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR) here: https://www.siewert-kau.de/en/siewert-kau-logistics/privacy/
Valid: April 2019