A2S - GTC: Feb 2019
General Terms and Conditions of Sale and Delivery (hereinafter: AVLB) of the company A2S-Einrichtungssysteme GmbH
I. Scope of application
- These GCSD shall apply exclusively to the entire business relationship between A2S and the Buyer. Subject to amendment, they shall also apply to future business relations between A2S and the Buyer without the need for their renewed inclusion.
Other terms and conditions of purchase or other general terms and conditions of the Buyer are expressly rejected. These GCSD shall also apply exclusively if A2S carries out the delivery to the Buyer without reservation in the knowledge of conflicting or deviating business relations of the Buyer.
- If a framework agreement exists between the Buyer and A2S, these GCSD shall apply both to the framework agreement and to the individual order.
- These GCSD do not apply to consumers within the meaning of § 13 BGB.
II Conclusion of contract
- Offers by A2S are subject to change without notice and, unless the circumstances indicate otherwise, merely represent an invitation to the Buyer to submit specific, definitive contractual offers to A2S ("invitatio ad offerendum"). If A2S provides the Buyer with drawings or technical documents relating to an offered technical object of purchase, these shall remain the property of A2S.
- A2S shall be entitled to accept contractual offers from the Buyer, for example in the form of orders, within 14 days. During this period, the Buyer shall be bound by its contractual declaration.
- Insofar as deviations are not expressly agreed in writing, the specifications in the offer letters, the specifications of services, these GCSD, the Contracting Rules for the Award of Public Works Contracts Part B (VOB/B) and the Contracting Rules for the Award of Public Works Contracts Part A and B (VOL/A and VOL/B) shall apply in addition and in the following order in the respective valid version as well as the provisions of the German Civil Code.
III Delivery times, scope of delivery, delay in delivery and acceptance
- Unless otherwise stated, delivery times are approximate. A2S's compliance with its delivery obligations shall be conditional upon the timely and proper fulfilment of the Buyer's obligations. This includes in particular that the Buyer ensures acceptance of the ordered goods at the delivery address specified by him.
- A2S shall be entitled to make partial deliveries and render partial services if such partial deliveries and services are reasonable at the time of acceptance based on a reasonable assessment of A2S's situation and the Buyer's own interests worthy of protection, in particular if the deviation is within the tolerances customary in the trade or if the respective delivery items are different delivery items that do not belong together.
- In the event of delays in delivery due to the occurrence of unforeseen events for which A2S is not responsible, in particular operational disruptions, official measures, failure to deliver to A2S or due to force majeure, any delivery periods shall be extended by the duration of the obstacle. Force majeure shall also be deemed to exist in particular in the event of industrial action, including strikes and lawful lock-outs in A2S's operations or at A2S's suppliers.
In such cases, claims for damages by the Buyer shall be excluded, except in the case of intent and gross negligence.
- If the Buyer is in default of acceptance or if he is responsible for a delay in the dispatch of the goods, or if he requests a delivery date other than that advised by the logistics partner, a storage charge of 5.00 EUR net per loading meter and working day shall be levied. At least, however, a lump sum for delay in the amount of 100 EUR is to be paid by the buyer. 1 loading meter corresponds to 5.7 cubic meters. The right of the Buyer to prove in individual cases that A2S has suffered no damage or significantly lower damage as a result of the present delay in acceptance shall remain unaffected by this. The other rights of A2S, in particular to withdraw from the purchase contract, shall also remain unaffected.
IV. Prices, terms of payment
- The prices are net prices plus the currently applicable statutory value added tax. The prices do not include customs, insurance, freight and other expenses. Assembly hours will be invoiced according to expenditure. The prices are based on the current price list of A2S.
- Invoices are due for payment immediately and without deduction, unless special agreements to the contrary have been made. A2S is entitled to demand advance payments or securities at the expense of the Buyer upon conclusion of the contract.
- If the Buyer is in default of payment, A2S shall be entitled to charge interest on arrears in the amount of 8 percentage points above the base interest rate applicable at the time. A2S reserves the right to claim specific damages for default in excess of this amount.
- The statutory limitation periods shall apply.
V. Transfer of risk
The risk shall pass to the Buyer as soon as the goods have been delivered to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, even if partial deliveries are made or A2S has assumed other services such as shipping costs.
VI Warranty, notice of defects
- The warranty period is one year and begins with the handover of the goods.
- The nominal quality of the goods shall be determined by the contractual agreements. Unless expressly stipulated, A2S shall not assume any guarantee for this regardless of fault. This also applies in particular to the reference to DIN standards.
- Insofar as the materials to be used by A2S are specified in the contract, this does not guarantee the suitability of the materials for the contractual purpose. A2S shall only be obliged to provide corresponding information in the event of obvious unsuitability.
- Damage caused by incorrect handling by or in the sphere of the buyer, in particular improper installation and handling, defective operation or maintenance is excluded from the warranty. Non-observance of the instructions for use, assembly and/or maintenance, corrosion or normal wear and tear are excluded from the warranty.
- Reference is made to § 377 HGB.
- A2S must be notified of obvious transport damage immediately after receipt of the goods. The Buyer shall settle the formalities required in this respect with the carrier and, in particular, shall make all necessary determinations to safeguard rights of recourse against third parties.
- A2S shall only be liable for damage which A2S or its vicarious agents have caused intentionally or by gross negligence. In the case of simple negligence, A2S shall only be liable in the event of injury to life, limb or health and the breach of cardinal obligations. A cardinal obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Buyer regularly relies or may rely.
- If A2S is liable for breaches of duty due to simple negligence, its liability shall be limited in amount to the typical damages for contracts of the type in question, which were foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed. This does not apply in the case of injury to life, body or health.
- Claims for damages, which by law do not require fault, remain unaffected by this.
VIII Retention of title, securities
- A2S retains title to the delivery item until receipt of all payments under the delivery contract. In the event of breach of contract by the Buyer, in particular in the event of default in payment, as well as in the event of an application for the opening of insolvency proceedings, A2S shall be entitled to take back the delivery item and the Buyer shall be obliged to surrender it. In the event of seizure or other interventions by third parties, the Buyer shall notify A2S immediately in writing.
- The Buyer shall adequately insure the goods subject to retention of title against theft, breakage, fire, water and other damage. If the Buyer has not taken out insurance or does not provide proof of such insurance despite being requested to do so by A2S, A2S shall be entitled to insure the delivery item itself at the Buyer's expense.
- The buyer is entitled to resell the delivery item in the ordinary course of business. However, he hereby assigns to A2S all claims accruing to him from the resale against the buyer or against third parties, irrespective of whether the goods subject to retention of title are resold without or after processing. The Buyer shall be entitled to collect these claims even after assignment. A2S's right to collect the claims itself shall remain unaffected; however, A2S undertakes not to collect the claims as long as the Buyer duly meets his payment obligations. A2S may demand that the Buyer informs it of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. If the delivery item is resold together with other goods which do not belong to A2S, the Buyer's claim against the customer shall be deemed assigned in the amount of the delivery price agreed between A2S and the Buyer.
- The processing or transformation of goods subject to retention of title shall always be carried out by the Buyer on behalf of A2S. If the goods subject to retention of title are processed or inseparably mixed with other items not belonging to A2S, A2S shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed or mixed items at the time of processing or mixing. If goods of A2S are combined or inseparably mixed with other movable objects to form a uniform object and if the other object is to be regarded as the main object, it shall be deemed agreed that the Buyer transfers co-ownership to A2S on a pro rata basis insofar as the main object belongs to him. The Buyer shall keep the property or co-property for A2S. In all other respects, the same shall apply to the item resulting from the processing, transformation or combination as well as mixing as to the goods subject to retention of title.
- A2S shall be entitled to demand appropriate securities for the proper fulfilment of the Buyer's obligations. A2S undertakes to release the securities to which it is entitled to the extent that their value exceeds the claims to be secured by more than 10%, insofar as these have not yet been settled.
IX. Obligation to perform, impossibility
- If the entire performance becomes impossible for A2S before the transfer of risk due to a circumstance for which A2S is responsible, the Buyer may withdraw from the contract. In the event of partial impossibility or partial inability, the above provision shall only apply to the relevant part. In this case, the Buyer can only withdraw from the entire contract if he can prove a justified interest in the refusal of the partial delivery. Further claims of the Buyer, in particular claims for damages, are excluded in accordance with the provisions of Sections VI and VII.
- If the impossibility occurs during the delay in acceptance or through the fault of the Buyer, the Buyer shall remain obliged to fulfill the contract.
X. Place of performance, place of jurisdiction, applicable law
- If the Buyer is a merchant, a legal entity under public law or a special fund under public law and no exclusive place of jurisdiction is established, the place of jurisdiction for all legal disputes, also in the context of a bill of exchange or check process, shall be the place of business of A2S; actions against A2S can only be brought there.
- The law of the Federal Republic of Germany shall apply to all legal relationships between A2S and the Buyer arising from or in connection with the business relationship established between A2S and the Buyer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- Insofar as agreements made between A2S and the Buyer are subject to the written form, any amendments or supplements made in this respect must also be in writing in order to be effective.
A2S - General Terms and Conditions of Purchase, as of 10.10.2013
PURCHASE CONDITIONS of the company A2S-Einrichtungssysteme GmbH - 96342 Stockheim
Please state our order number on all documents relating to this order (correspondence, dispatch notes, delivery notes, invoices, waybills etc.).
These terms and conditions of purchase shall apply exclusively. A2S-Einrichtungssyteme GmbH shall not recognize any terms and conditions of the supplier that conflict with or deviate from the terms and conditions of purchase of A2S-Einrichtungssyteme GmbH, unless A2S-Einrichtungssyteme GmbH has expressly agreed to their validity in writing.
These Terms and Conditions of Purchase shall also apply if A2S-Einrichtungssyteme GmbH accepts the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the supplier.
These Terms and Conditions of Purchase shall also apply to all future transactions with the Supplier.
Individual agreements made with the Supplier in individual cases, for example framework agreements and quality assurance agreements as well as written ancillary agreements, supplements and amendments thereto, shall in any case take precedence over these General Terms and Conditions of Purchase.
- Purchase Orders: In principle, deliveries from suppliers must be subject to written purchase orders from A2S-Einrichtungssysteme GmbH. In exceptional cases, the client must be named personally in all order documents. Deliveries which contradict this will not be accepted. The sending of an order confirmation is not mandatory unless a change in quantity, price or delivery date becomes necessary. A2S-Einrichtungssysteme GmbH reserves the right to accept this change. The supplier must point out obvious errors (e.g. spelling and calculation errors and incompleteness of the order) including the order documents to us for the purpose of correction or completion before acceptance.
- Obligation to inform: Prior to changes in materials or supplier parts for products or services, relocation of production sites, furthermore prior to changes in procedures or equipment for testing the parts or other quality assurance measures, the supplier shall be obliged to inform A2S-Einrichtungssysteme GmbH in good time so that A2S-Einrichtungssysteme GmbH can check whether the changes may have an adverse effect on the product.
- Confidentiality obligation: All documents provided by A2S-Einrichtungssysteme GmbH, including drawings, sketches as well as samples, are the exclusive property of A2S-Einrichtungssysteme GmbH. The supplier undertakes not to make them accessible to third parties, to use the documents and samples exclusively for the fulfillment of this order, not to duplicate the documents, to treat the documents and samples with care, to store them and to return them in full to A2S-Einrichtungssysteme GmbH immediately after completion. In particular, the Supplier shall keep secret the manufacturing processes obtained by A2S-Einrichtungssysteme GmbH in this connection even after the completion of this order and shall not use them for its own manufacturing or for deliveries to competitors of A2S-Einrichtungssysteme GmbH. A2S-Einrichtungssysteme GmbH reserves all rights to new features originating from A2S-Einrichtungssysteme GmbH, in particular in the event of the granting of a patent or registration of a utility model. Products which are manufactured according to documents designed by A2S-Einrichtungssysteme GmbH, such as drawings, models and the like, or according to information which is confidential to A2S-Einrichtungssysteme GmbH, may neither be used by the supplier himself nor offered or delivered to third parties.
- Transfer of risk: Place of performance: The risk until the arrival of the goods at the place of receipt determined by A2S-Einrichtungssysteme GmbH shall in any case be borne by the supplier. The transfer of risk to A2S-Einrichtungssysteme GmbH shall always be effected by handing over the goods to the place of receipt determined by A2S-Einrichtungssysteme GmbH. Delivery shall be made within Germany to the place specified in the order. The respective place of destination shall also be the place of performance. If no place of performance has been expressly agreed, 96342 Stockheim, A2S-Adam-Stegner Straße 19 shall be deemed to be the place of performance.
- Retention of title: Upon handover of the goods to A2S-Einrichtungssysteme GmbH, ownership shall pass directly to A2S-Einrichtungssysteme GmbH. A2S-Einrichtungssysteme GmbH does not recognize a reservation of title.
- Pricing: The price stated in the order shall be binding. Unless otherwise agreed in individual cases, the price shall include all services and ancillary services of the supplier as well as all ancillary costs (e.g. proper packaging, transport costs including any transport and liability insurance). The supplier must take back packaging material at our request. Price demands must be announced by the supplier in writing at least 3 months before the beginning of a new quarter. This announcement does not automatically constitute acceptance of the claim.
- Partial deliveries, underdeliveries and overdeliveries: Partial deliveries shall not constitute performance unless A2S-Einrichtungssysteme GmbH approves them. The acceptance of a partial delivery shall not constitute such approval. In the event of under-delivery of a maximum of 5%, A2S-Einrichtungssysteme GmbH shall be entitled to accept the delivery and to cancel the missing remainder of the delivery. A2S-Einrichtungssysteme GmbH reserves the right to return over-deliveries at the supplier's expense.
- Delivery date, contractual penalty: The delivery time specified by A2S-Einrichtungssysteme GmbH in the order is binding. The supplier undertakes to comply with the agreed delivery date. As soon as delays become apparent at the supplier, he shall inform A2S-Einrichtungssysteme GmbH thereof, stating the reasons and the expected duration of the missed deadline. If the agreed dates are not met by the supplier, regardless of the reason, A2S-Einrichtungssysteme GmbH shall be entitled to withdraw from the contract at A2S-Einrichtungssysteme GmbH's discretion and to procure a replacement from a third party and/or to claim damages for non-performance, without prejudice to further legal claims. It shall not be necessary to set a grace period under threat of refusal. The supplier shall reimburse all additional costs incurred due to delayed deliveries and services. Acceptance of the delayed delivery or service does not constitute a waiver of claims for compensation. In the event of repeated failure to meet deadlines, A2S-Einrichtungssysteme GmbH shall be entitled to withdraw from the contract even if the supplier was not responsible for the delay. A2S-Einrichtungssysteme GmbH reserves the right to claim further damages. The supplier shall have the right to prove that A2S-Einrichtungssysteme GmbH has not incurred any damage at all or only a significantly lower damage. Deliveries before the agreed date are only permissible with the consent of A2S-Einrichtungssysteme GmbH. A2S-Einrichtungssysteme GmbH reserves the right to return goods delivered early or to value-date the respective invoice and to charge the supplier with the costs for warehouse rent and any relocation costs incurred.
- Delivery: If specified in our orders, delivery shall be made exclusively in accordance with A2S-Einrichtungssysteme GmbH's transport and packaging regulations for suppliers.
- Payment: Unless otherwise agreed, payments shall be made 20 calendar days after delivery and performance and receipt of a proper invoice with a 3% discount or after 60 calendar days net. The payment period shall commence upon receipt of the goods, at the latest upon receipt of the invoice by A2S-Einrichtungssysteme GmbH. Should this fall on a public holiday or weekend, it shall commence on the following working day.
- Origin of goods, preferences, regulations in international trade: The supplier shall be obliged to submit a long-term supplier's declaration for all goods delivered by him to A2S-Einrichtungssysteme GmbH, in which he confirms the preferential status of the goods ("goods with EU preferential origin status" or "goods without EU preferential origin status"). In the event of non-compliance with this obligation or in the event of incorrectly issued declarations, the supplier shall be liable to A2S-Einrichtungssysteme GmbH for all damages arising therefrom. The supplier undertakes to check its products as to whether they are subject to prohibitions, restrictions and/or approval obligations in the international movement of goods and, if so, to mark them accordingly and unambiguously with comprehensible information in its offers, order confirmations and all documents accompanying the goods. In the event of non-compliance with this obligation, the supplier shall be liable for any damage incurred by A2S-Einrichtungssysteme GmbH as a result, including additional demands for foreign import duties, fines and the like. Decoding of the origin codes: D = third country / E = EU / F = EFTA.
- Warranty: In the event of material defects and defects of title of the goods (including wrong delivery and short delivery as well as improper assembly, defective assembly, operating or operating instructions) and in the event of other breaches of duty by the supplier, the statutory provisions shall apply unless otherwise stipulated below. In accordance with the statutory provisions, the supplier shall be liable in particular for ensuring that the goods have the agreed quality at the time of transfer of risk to A2S-Einrichtungssysteme GmbH. In any case, those product descriptions which - in particular by designation or reference in the order - are the subject matter of the respective contract or were included in the contract in the same way as these Terms and Conditions of Purchase shall be deemed to be an agreement on the quality. In deviation from § 442 para. 1 sentence 2 BGB (German Civil Code), A2S-Einrichtungssysteme GmbH shall also be entitled to claims for defects without limitation if A2S-Einrichtungssysteme GmbH remained unaware of the defect at the time of conclusion of the contract due to gross negligence. The statutory provisions (§§ 377, 381 HGB) shall apply to the commercial obligation to examine and give notice of defects, with the following proviso: A2S-Einrichtungssysteme GmbH's obligation to examine shall be limited to defects which become apparent during the incoming goods inspection under external examination including the delivery papers as well as during our quality control in the random sampling procedure (e.g. transport damage, wrong and short delivery). The obligation to give notice of defects discovered later remains unaffected. In all cases, a complaint (notice of defect) by A2S-Einrichtungssysteme GmbH shall be deemed to be immediate and timely if it is received by the supplier within two weeks. A2S-Einrichtungssysteme GmbH's liability for damages in case of an unjustified request for rectification of defects shall remain unaffected; in this respect, however, A2S-Einrichtungssysteme GmbH shall only be liable if A2S-Einrichtungssysteme GmbH recognized or failed to recognize due to gross negligence that there was no defect. If the supplier does not fulfil its obligation of subsequent performance - at A2S-Einrichtungssysteme GmbH's option by remedying the defect (subsequent improvement) or by delivery of a defect-free item (replacement delivery) - within a reasonable period of time set by A2S-Einrichtungssysteme GmbH, A2S-Einrichtungssysteme GmbH may remedy the defect itself and demand reimbursement of the expenses required for this from the supplier or a corresponding advance payment. If the supplementary performance by the supplier has failed or is unreasonable for A2S-Einrichtungssysteme GmbH (e.g. due to particular urgency, endangerment of operational safety or imminent occurrence of disproportionate damage), it shall not be necessary to set a deadline; the supplier shall be informed immediately, if possible in advance. Otherwise, A2S-Einrichtungssysteme GmbH shall be entitled to reduce the purchase price or to withdraw from the contract in the event of a material defect or defect of title in accordance with the statutory provisions. In addition, A2S-Einrichtungssysteme GmbH shall be entitled to claim damages and reimbursement of expenses in accordance with the statutory provisions. The supplier shall take into account the recognized rules of technology and the respectively valid legal and official regulations (esp. DIN, VDE, VDI, DVGW). On the day of delivery, the goods must comply with all applicable statutory and official regulations, including those of the Equipment Safety Act and environmental protection, and satisfy the accident prevention regulations. If hazardous substances within the meaning of the Ordinance on Hazardous Substances (GefStoffV) or products, during the use of which the release of such substances cannot be ruled out, are delivered, the supplier shall provide the data required for the preparation of the EC safety data sheet (§14 GefStoffV) to A2S-Einrichtungssysteme GmbH or the service provider of A2S-Einrichtungssysteme GmbH without being requested to do so.
- Supplier recourse: A2S-Einrichtungssysteme GmbH shall be entitled to the legally determined recourse claims within a supply chain (supplier recourse according to §§ 478, 479 BGB) in addition to the claims for defects without limitation. A2S-Einrichtungssysteme GmbH shall in particular be entitled to demand from the supplier exactly the type of subsequent performance (repair or replacement delivery) which A2S-Einrichtungssysteme GmbH owes its customer in the individual case. The statutory right of choice (§ 439 para. 1 BGB) shall not be restricted hereby. Before A2S-Einrichtungssysteme GmbH acknowledges or fulfills a claim for defects asserted by its customers (including reimbursement of expenses according to §§ 478 para. 3, 439 para. 2 BGB), it shall notify the supplier and request a written statement with a brief description of the facts. If the statement is not made within a reasonable period of time and if no amicable solution is brought about, the claim for defects actually granted by A2S-Einrichtungssysteme GmbH shall be deemed to be owed to the customer of A2S-Einrichtungssysteme GmbH; in this case, the supplier shall be obliged to prove the contrary. The claims of A2S-Einrichtungssysteme GmbH arising from supplier recourse shall also apply if the goods have been further processed by A2S-Einrichtungssysteme GmbH or by one of our customers, e.g. by installation in another product, before being sold to a consumer.
- Product liability: The supplier shall indemnify A2S-Einrichtungssysteme GmbH against all claims arising from non-contractual product liability which are attributable to a defect in the product supplied by him. In addition, the supplier shall be liable for damages incurred by A2S-Einrichtungssysteme GmbH as a result of reasonable precautionary measures against a claim arising from non-contractual liability which can be attributed to the supplier (for example public advertising measures).
- Use of A2S-Einrichtungssysteme GmbH brand names: If goods are returned by A2S-Einrichtungssysteme GmbH or are not accepted and bear a brand name or logo of A2S-Einrichtungssysteme GmbH, they may not be sold to third parties.
- Force Majeure: Strikes, lockouts, operational disruptions, official orders and other cases for which A2S-Einrichtungssysteme GmbH is not responsible and which result in a reduction in consumption shall be deemed force majeure and shall entitle A2S-Einrichtungssysteme GmbH to withdraw from the contract.
- Industrial property rights: In the event of a culpable infringement of industrial property rights, the supplier shall indemnify A2S-Einrichtungssysteme GmbH and its customers against claims of third parties arising from infringements of copyrights, trademark rights and patents, unless the design of a delivery item originates from A2S-Einrichtungssysteme GmbH.
- Prohibition of child labor: The supplier undertakes to observe the minimum standards laid down in the ILO core labor standards and to oblige its own suppliers to observe these minimum standards by means of special contractual conditions. In particular, the supplier undertakes not to employ children. The supplier shall ensure that its own suppliers also do not employ children. Children are understood to be all persons under the age of 15.
- Certificates, environmental protection: A2S-Einrichtungssysteme GmbH operates an environmental management system according to DIN EN ISO 14001 and is certified according to DIN ISO 9001 with regard to production. Environmental protection has a high priority within the quality understanding of A2S-Einrichtungssysteme GmbH. A2S-Einrichtungssysteme GmbH therefore also expects from suppliers an environmental awareness corresponding to the guidelines of A2S-Einrichtungssysteme GmbH. For our supplier evaluation, our supplier sends all quality, manufacturing and environmental certificates he has obtained. The proven current certifications of our suppliers influence their evaluation.
- Regulation (EC) No. 1907/2006 (REACH): The supplier guarantees that the products supplied by him comply with the provisions of Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH Regulation). The substances contained in the supplier's products are, as far as required under the provisions of the REACH Regulation, pre-registered or registered after the expiration of the transitional periods, unless the substance is exempted from registration. Suppliers with their registered office in non-EU member states undertake to appoint an OnlyRepresentative (OR) in accordance with Article 8 of the REACH Regulation with registered office in the EU, whose name and address must be notified to us. The OR shall assume all registration and other REACH obligations of the supplier. If the CO has carried out a pre-registration or registration, this must be notified to us, stating the registration number. In the event of a change of the CO or cessation of the CO's activities, the supplier must inform us immediately. The supplier assures that the products delivered by him do not contain any substances of the so-called candidate list according to Art. 59 (1, 10) of the REACH Regulation. The supplier undertakes to inform A2S-Einrichtungssysteme GmbH immediately in writing if - for whatever reason - products supplied by him contain substances on the candidate list; this applies in particular in the event of an extension / addition to the candidate list. The supplier shall name the individual substances and provide the mass percentage as precisely as possible. The supplier further undertakes that the products delivered by him comply with all requirements of Regulation (EC) No. 1272/2008 (CLP Regulation). In particular, non-EU suppliers are responsible for ensuring that their OR has notified the classification and labelling inventory for the products supplied in accordance with Art. 39-42 of the CLP Regulation. In the event that the supplier violates one of the aforementioned obligations, we shall be entitled at any time to immediately cancel the corresponding order and to refuse acceptance of the corresponding delivery without incurring any costs. Any existing claims for damages shall remain unaffected thereby; cancellation or refusal of acceptance shall not constitute a waiver of any claims for damages.
- Contract language, applicable law and place of jurisdiction: The contract language is German. The contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is 96450 Coburg, if the supplier is a registered trader, a legal entity under public law or a special fund under public law. A2S-Einrichtungssysteme GmbH shall also be entitled to take legal action at the supplier's place of business.
- Severability clause: Should any of the above agreed clauses be invalid in whole or in part, this shall not affect the validity of the remaining terms and conditions of purchase. The parties agree that such invalid clause shall be replaced by a valid clause which comes as close as possible to the meaning of the invalid clause.