• You are here:
• General Terms and Conditions of Purchase of SWG

General Terms and Conditions of Purchase of Schmiedewerke Gröditz GmbH

Status as of: 01/2006

I. Scope of Application

1. These Terms and Conditions of Purchase (hereinafter called “Terms”) apply exclusively to our purchase orders to all suppliers. Any contradictory and/or supplementary general terms of business drawn up by the supplier shall not be applicable to us. This also applies if we do not expressly protest these terms or if we meet our contractual obligations without reservation.
2. The document of which these Terms constitute part contains all contractual provisions. No subsidiary agreements have been made.

to top

II. Purchase Orders

1. The supplier is not permitted to assign rights or claims under this contract to any third parties without obtaining the prior consent of Schmiedewerke Gröditz GmbH.
2. The supplier may only have the order or major parts of the order performed by third parties subject to our prior consent.
3. Tenders are submitted free of charge and without commitment for Schmiedewerke Gröditz GmbH.

to top

III. Deliveries

1. The delivery dates quoted in the purchase order are binding. All deliveries shall be made to Schmiedewerke Gröditz GmbH “delivered duty paid” (DDP) in accordance with INCOTERMS 2000. The delivery addresses are as follows:
   postal address:
   Schmiedewerke Gröditz GmbH
   Riesaer Strasse 1, 01609 Gröditz
   for rail delivery:
   Anschlussgleis (siding) Gröditz/
   truckload/part-load
   for truck delivery:
   7 a.m. – 2 p.m. Mon-Fri
   Grossenhainer Strasse/W.-Mischnick-Strasse
2. FFor each delivery, we must be sent a delivery notice in duplicate by separate post on the day of dispatch. The dispatch notices, bills of lading and package labels must include the purchase order number, call number, receiving department and any other information requested in the order. The goods scheduled for delivery must be properly packed and marked in accordance with our shipment regulations.
3. The supplier may only make early delivery subject to the prior written consent of Schmiedewerke Gröditz GmbH. The supplier must notify us immediately by fax or email of any known or anticipated delay in meeting supply obligations. The supplier must state the following:
   a) the probable length of the delay,
   b) the reason for the delay and
   c) the action that is being taken to overcome the delay.
   We hold all statutory rights in the event of a delay in delivery. After allowing a period of grace of two (2) weeks, we are entitled to rescind the contract and claim damages instead of performance.

to top

IV. Prices

The prices agreed in the purchase order are binding.

to top

V. Terms of Payment

1. For every purchase order, the supplier must draw up an invoice in duplicate, which must state the purchase order number and comply with the legal regulations applicable at the time. Any invoices which do not state purchase order numbers and comply with the applicable legal regulations will be deemed not to have been rendered.
2. We will pay invoices net within thirty (30) days of receipt of the same. Discounts can be agreed separately.
3. Any claim existing against the supplier can be offset by Schmiedewerke Gröditz GmbH against the claims held by the supplier or Schmiedewerke Gröditz GmbH can exercise a right of retention in relation to such a claim.
4. Settlement of the invoice does not represent a waiver of warranty rights for the goods supplied neither does it exclude any subsequent notice of defects relating to the same.
5. We are entitled to offset all debts owed to us by the supplier against all debts owed to the supplier by companies in which Georgsmarienhütte Holding GmbH has a direct or indirect majority holding – irrespective of the legal basis of such debts owed to the supplier.
6. The current group of companies in which Georgsmarienhütte Holding GmbH has a direct or indirect majority holding can be found on the internet at the address www.georgsmarienhuette-holding.de. On request, the supplier can be provided with information about the group of companies at any time.

to top

VI. Title

We do not recognise any extended or lengthened reservations of title. We will only recognise a simple reservation of title to the extent that it permits us to sell, process and mix the supplied goods in the course of due business operations.

to top

VII. Warranty

1. The supplier guarantees that the goods supplied conform with the agreed order specifications, consist of the agreed material, are free from material, manufacturing or design defects in line with the state of the art at the time of order and are free from defects which eliminate or reduce suitability for customary or contractually agreed use or which eliminate or reduce the value of the goods supplied and that they comply with all statutory and public-authority approvals.
2. We reserve all rights allowed under German law in the event of supply of defective goods. At our discretion, the supplier shall either remedy the defect in the goods supplied or shall supply non-defective goods.
3. The warranty period is 24 months as of delivery of the goods. For replacement parts exchanged in the course of remedying a defect, the warranty period shall begin again on delivery.

to top

VIII. Quality Management

The supplier recognises the quality management regulations of Schmiedewerke Gröditz GmbH.

to top

IX. Public-Authority and Statutory Regulations

The services and products scheduled to be rendered or delivered must comply with the public-authority and statutory regulations applicable at the time.

to top

X. Place of Fulfilment, Legal Venue

1. The place of fulfilment for all performance is Gröditz.
2. This contract is governed by the law of the Federal Republic of Germany. The trade terms contained in this contract are to be interpreted in line with the International Rules for the Interpretation of Trade Terms (Incoterms) and their addendum as revised at the time of delivery.
3. Riesa is the exclusive legal venue for all disputes resulting from this contract or in connection with the same. Irrespective of this legal-venue clause, we can also take legal action against the supplier at any other court which has jurisdiction under applicable law.

to top

There are 1 files.

Conditions-Purchase-SWG en [75.58 kb] Download PDF-File

• Print.