GENERAL TERMS AND CONDITIONS OF PURCHASE
GENERAL TERMS AND CONDITIONS OF PURCHASE
(Valid from 01 July 2022)
1.1 The legal relationship between suppliers and BEC GmbH (BEC) shall be governed by these terms and conditions. Any other agreements must be confirmed in writing by both parties in order to be valid. Amendments and supplements must also be made in writing.
2 Offer, Order, Bindingness
2.1 Orders may be cancelled by BEC prior to confirmation of the order by the supplier.
2.2 Confirmation of orders by the supplier must be made in writing immediately, but within a maximum of 3 working days, after receipt of the order.
2.3 If the supplier does not confirm BEC's orders in writing within 3 working days of receipt, BEC shall no longer be bound by the order.
2.4 If the order confirmation deviates from the order, the order shall only come into effect if BEC expressly agrees to the order confirmation in writing. Payment or acceptance of deliveries shall not constitute consent.
2.5 BEC may request reasonable changes to the design and execution of the delivery item. The effects, in particular with regard to additional or reduced costs, are to be settled reasonably and by mutual agreement.
3 Delivery Period, Delay in Delivery
3.1 The agreed delivery dates shall be binding. The receipt of the goods or services at the place of receipt or use specified by BEC or the timeliness of successful acceptance shall be decisive for compliance with the delivery date or delivery period. The time measurement of the successful
acceptance shall be measured against the delivery date confirmed by the supplier in the order confirmation.
In the event that no delivery date is specified in the Supplier's order confirmation, the delivery date specified in the associated order shall count.
3.2 In the event that the agreed delivery time cannot be met, the supplier shall immediately notify BEC in writing of the reasons for and duration of the delay.
3.3 If the supplier is in default of delivery, BEC shall be entitled to the statutory claims - irrespective of the notification in the sense of section 3.2.
3.4 Acceptance of delayed performance does not constitute a waiver of claims for compensation.
3.5 The Supplier may only invoke the absence of necessary documents to be supplied by BEC if it has sent a written reminder for the documents and has not received them within a reasonable period of time.
3.6 Force majeure and labor disputes shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. The contracting parties are obligated to provide the necessary information without delay within the bounds of what is reasonable and to adjust their obligations to the changed circumstances in good faith.
3.7 BEC shall be released from the obligation to accept the ordered delivery/service in whole or in part and shall be entitled to withdraw from the contract if the delivery/service can no longer be used by BEC due to the delay caused by force majeure or the industrial dispute, taking into account economic aspects.
4 Warranty and Liability
4.1 The Supplier warrants that all deliveries/services comply with the agreed quality, specifications, drawings, test plans, requirements stipulated in the specifications, applicable statutory and official regulations as well as EU directives and relevant industry standards at the time of BEC's order.
4.2 The Supplier shall be liable for the faultlessness of its deliveries and services.
services. This also includes the proper and operationally safe functioning of the delivery item in interaction with the machines BECs in compliance with the applicable safety regulations.
4.3 The statutory warranty period shall apply. If parts are replaced or repaired due to defects during the warranty period, the full warranty period for these parts shall start anew from the date of installation.
4.4 In urgent cases, BEC may, after consultation with the supplier, carry out the repair itself or have it carried out by a third party. Minor defects may be remedied by BEC itself in fulfillment of its duty to mitigate damages without prior coordination, without this affecting the Supplier's warranty obligation. BEC may charge the Supplier for the necessary expenses.
4.5 If a claim is made against BEC due to a defect in the product or due to a violation of official safety regulations or due to domestic or foreign product liability regulations or laws, then BEC shall be entitled to demand compensation from the Supplier for this damage insofar as it is attributable to the products supplied by the Supplier. This damage shall also include replacement costs, as well as the costs of a precautionary recall action that is objectively necessary.
4.6 In all other respects, any liability shall be governed by the statutory provisions; a limitation of liability in terms of amount shall not be permissible.
5. Provision of materials, drawings, models, tools, etc.
5.1 All materials, drawings, models, tools, etc. provided by BEC or produced at its expense shall remain its property. They may neither be passed on to third parties nor used for other purposes. Processing or transformation by the supplier shall be carried out for BEC as manufacturer. 6.
6.1 The supplier shall treat the conclusion of the contract as confidential and may only refer to business connections with BEC in advertising materials after written consent has been granted.
6.2 The contracting parties undertake to treat as business secrets all commercial or technical details which are not in the public domain and which become known to them as a result of the business relationship. Subcontractors shall be bound accordingly. If one of the contracting parties recognizes that information to be kept secret has come into the possession of an unauthorized third party or that a document to be kept secret has been lost, it shall immediately inform the other contracting party thereof.
7 Final Provisions
7.1 Should individual parts of these General Terms and Conditions of Purchase be invalid, this shall not affect the validity of the remaining provisions.
7.2 The supplier undertakes to comply with all laws, ordinances and regulations affecting it and its business relations with BEC.
7.3 Unless otherwise agreed, the laws of the Federal Republic of Germany shall apply exclusively. The exclusive place of jurisdiction is the registered office of BEC.