General Conditions of Purchase
Terms of Service
Purchasing Conditions of Recoplast AG, Gretzenbach
The purchasing conditions below apply to every procurement of goods and services. They include the delivery of plastics, as well as the assembly, spare parts and maintenance that have been notified by the responsible authorities. Conflicting or additional terms and conditions, in particular the general terms and conditions of sale of our suppliers, are only deemed to have been agreed if we have confirmed their validity in writing.
The request asks the supplier to submit a free, economically optimized offer. In the offer, he must adhere exactly to the request and expressly point out any deviations. Any opportunities for improvement are to be shown separately.
2. Order and Partial Invalidity
a) Orders are only valid if they have been issued or confirmed in writing by the responsible purchasing department.
b) If the conclusion is made dependent on an order confirmation, we are only bound if this confirmation does not differ from the order.
c) Should individual provisions of the order be ineffective or void, the others remain binding. The parties undertake to replace an ineffective provision with a provision that comes as close as possible to what was originally intended.
Unless otherwise agreed, the fixed prices per unit apply as fixed prices. They include all ancillary costs such as packaging, insurance, delivery costs, import duties and taxes, ie free domicile (DDP according to Incoterms)
4. Delivery time and consequences of delay
a) Delivery is due at the destination on the agreed delivery date, which is considered a fixed date.
b) If the supplier is unable to accept the stipulated delivery period, he must inform the customer of this immediately after receipt of the order.
c) If the supplier fails to notify us immediately, the delivery date (fixed date) becomes binding.
d) In the event of a delay in delivery or if the delivery date is clearly exceeded, the customer reserves the right to withdraw from the contract.
5. Transport, assumption of risk, insurance and packaging
a) The types and routes of transport are to be agreed.
b) The transfer of risk takes place after delivery at the place of destination.
c) Each shipment must be accompanied by a delivery note that provides information about the respective content.
a) The supplier guarantees that the subject of the contract does not have any defects that would affect its value or its suitability for the intended use, that it has the promised properties and that it corresponds to the prescribed services and specifications. Test reports are to be supplied free of charge at the request of the customer. Unless otherwise agreed, the incoming goods are not checked, which means that the supplier is responsible for all inspection duties and outgoing controls.
b) The guarantee period lasts at least 12 (twelve) months from delivery, successful commissioning, installation or use.
c) In urgent cases, defects can be remedied by the customer or third parties at cost price.
d) The supplier is liable for his employees, agents and subcontractors as for his own services.
e) A new twelve-month guarantee must be guaranteed for replacement deliveries and repairs, as in Section 7.2 above.
7. Product Liability
a) The contractor is obliged to exempt us from all liability claims for damages. He must take out and maintain a sufficiently high level of liability insurance against damage.
b) The supplier must provide the necessary documents at the same time as the price offer or the delivery of the goods. In particular, clear specifications of the product and the permitted applications must be defined.
c) The supplier draws the customer's attention to any defects in the contractual items that may occur later, in order to avoid any recognizable possibility of damage in accordance with the applicable product liability law at the destination, even after the contractual item has been put into circulation.
d) The supplier must deliver all ordered goods clean, unmixed and free of any foreign matter. In the case of deliveries of a different nature, the customer is entitled to return the goods at the supplier's expense. Partial returns are also permitted. The supplier is liable for any consequential damage resulting from such defects.
a) All information, drawings, etc. that the customer provides to the supplier for the production of the subject matter of the contract may not be used for other purposes, duplicated or made accessible to third parties.
b) The supplier must also impose these obligations on its own employees, agents and subcontractors and is responsible for compliance with them. This also applies to assembly and maintenance personnel.
c) Technical documents of the supplier or his sub-suppliers are treated confidentially by the customer. They remain the intellectual property of the supplier or subcontractors.
9. Right of Inspection
a) The customer is entitled to monitor the progress of the work. This neither changes nor restricts the supplier's obligation to fulfill the contract. The purchaser can carry out quality and deadline audits with the supplier or his sub-suppliers after prior notification.
b) When working on the customer's premises, the customer's safety instructions must be followed in addition to these general terms and conditions.
a) Invoices are to be submitted in duplicate, verifiable for us, stating the order number and the customer separately for each order.
b) Payment is generally made within 30 days. If payment is made within 14 days, the customer can deduct 2% of the value of the goods as a discount. The periods begin with the receipt of the invoice or, if the goods arrive after the invoice, with the receipt of the goods, but under no circumstances before the agreed goods receipt date. Unless this has been agreed in writing between the parties.
11. Place of Performance, Applicable Law and Place of Jurisdiction
a) The place of performance for delivery and payment is the place of business of the customer, in this case Gretzenbach, Switzerland.
b) Swiss law is applicable.
c) The place of jurisdiction is the place of business of the customer, currently Gretzenbach, Switzerland