Technical Conditions of Purchase
1. The provider or contractor warrants that the machines, components and plants – below called units- to be provided by it, comply with the specified conditions for machines and plants and have the features and properties stated there; moreover, they should be implemented according to generally accepted technical standards. The provider or contractor shall further warrant that the units to be offered or supplied are free from commercial property rights and other rights of third parties. For the recourse that may arise from these, the plea for the statute of limitations is waived from the start.
2. Every part of delivery shall comply with the latest construction with regard to implementation and design, be laid out in a robust and functional way and produced from material that is optimally suited for the intended use.
3. Every unit shall be adapted to local installation conditions and uses (climate, dust, gas, physical influences etc.). The plant to be delivered shall be capable of operating without failure under these conditions both in continuous operation and in intermittent operation.
4. All of the units shall comply with legal and official regulations (in particular, ÖVE and Ö standards, building regulations, firefighting supervisory authority and trade supervisory board, workers’ compensation board etc.). The regulations and guidelines that are valid at the plant installation site are authoritative. In particular, protection devices have to be mounted on all drives, couplings or other places where considered required or statutory in order to protect operating personnel. If official approvals or acceptance tests are necessary for setting up or using the units or plants, the contractor is liable for arranging this in time or, if this is the client’s business, to make all of the documents required (such as certificates, drawings, descriptions) available.
5. The contractor shall be expressly notified of the use of new constructions and prototypes. In these cases, the contractor shall offer special guarantees (e.g. repurchase obligations).
6. Should the contractor terminate the production of the units offered or replace them with new types, the client shall be notified of this on submission of the offering; by accepting the offer, the contractor commits to keep spare parts in stock or to manufacture them or to procure and deliver them on short notice.
7. All of the machine parts shall be easily, comfortably and safely accessible for servicing and repair.
8. The foundations of units shall be made available by the client in time, unless otherwise agreed. Later changes in foundations due to incorrect originals shall be made at contractor’s own expense.
9. The contractor commits to provide, on demand, detailed interim deadlines to the client. The client is entitled to have a representative take part in scheduled factory tests at his expense. The contractor commits to announce these deadlines in time. The client or its representatives are entitled to check or to have checked, during manufacture and after it, the quality of materials used and of parts produced as well as progress of work. The client’s customer has access, after advance notification, to the contractor’s manufacturing sites at any time.
10. Machines shall be delivered and documented generally in conformity with CE.
Commercial conditions of purchase
Only written orders and agreements are legally binding; oral and telephonic agreements require a written confirmation or by telex or fax to be valid. The supplier shall confirm acceptance of an order within a period of 8 days on the order part reserved for this purpose.
2. Prices Prices are considered to be fixed prices free factory of destination.
Shipping expenses of any type are payable only if this was explicitly agreed upon; the same applies to the expenses of transport insurance.
Unless otherwise explicitly agreed, shipping is done at the supplier’s expense and risk. The consequences of incorrect or incomplete shipping documents or enclosed documents and accident questionnaires shall be at the supplier’s expense. Dispatch note or delivery note shall be enclosed in every consignment.
4. Invoicing and Payment
The invoice shall be sent separately in duplicate (not enclosed in a consignment). Payment is due within 14 days from receipt of goods and invoice with 2% discount, within 30 days of receipt of the goods and invoice without discount, unless otherwise agreed in writing and if the goods have been found to be in order.
5. Transfer of orders
Rights and obligations resulting from our orders as well as the execution of our orders may be transferred only with our written consent. This applies in particular to the transfer of an order or part of it to subcontractors that may have been planned by the contractual partner.
6. Notice of defect
We shall be entitled to issue notice of obvious defects within 2 weeks of the receipt of goods, of hidden defects within a reasonable period after their occurrence. If the delivered goods contain defects, we shall be entitled to immediately demand either substitution (free of charge and carriage paid) or conversion, price reduction and/or damages on the grounds of non-fulfillment. The supplier is also liable for any damages caused by the use of the defective products delivered. Apart from that, legal provisions apply.
Furthermore, the supplier is also liable in the sense of the product liability law for any damages to persons or things arising from the defectiveness or imperfection of the goods delivered; it commits to save and hold us completely harmless should we be held liable from this title.
7. Delivery date and rescission from contract
Agreed delivery schedules shall be strictly adhered to, otherwise we shall be entitled to demand at our option either subsequent delivery and damages for delayed delivery or damages on the grounds of non-fulfillment or to rescind from the contract, without the supplier thereby acquiring any claims against us. If the delivery times agreed upon cannot be met, it is mandatory to immediately state a delivery date that needs to be met at any rate so that we can decide on sustaining the order. Delivery executed ahead of time without approval shall not affect payment terms associated with the scheduled delivery date. In case of call orders, we are not obliged to accept constant sub-quantities in equal periods. We shall be entitled to rescind from the contract if the product cannot be used any more due to process conversion, product limitation, production conversion or the like.
As long as the acceptance of ordered goods is prevented as a result of circumstances for which we are not responsible (industrial disputes, force majeure etc.), we cannot be placed in default.
8. Property rights
The supplier warrants that there are no breaches either of domestic or foreign property rights or of other rights under legal special protection resulting from the use of the goods delivered by him. He will indemnify us and our customers against all claims that may arise from breaches of such rights. He also has to take responsibility for any other direct losses that might arise for us from such a breach. Any legal disputes with third parties resulting from this reason shall be dealt with at his risk and expenses.
9. Compliance with statutory and official regulations
When devices, machine parts or complete machine plants are ordered, they shall comply with our Technical Conditions of Purchase and with the laws and regulations valid in the country of destination as well as the standards in force (if there are none, corresponding DIN standards), guidelines of mechanical engineering and electrical engineering and all of the environmental and health and safety regulations. For deliveries that require an acceptance test by TÜV or other institutions assigned to this task, the respective acceptance certificate shall be submitted without request.
No remuneration is granted for visits, elaboration of planning or the like.
Use of our order for the supplier’s advertising purposes is inadmissible. Additional expenses, such as shipping etc., resulting from advance consignment or partial delivery, shall be defrayed by the supplier unless these deliveries have been explicitly requested by us and we have not explicitly declared to be willing to bear these expenses.
11. Place of Performance
Place of jurisdiction and performance for all deliveries and performance is Wiener Neustadt; the contract as well as possible legal disputes resulting from it are subject to Austrian law.
We are entitled, for important reasons, to demand a free suspension for up to 6 months. If the interruption exceeds 6 months, we will reach an amicable agreement with you on the effects of the contractual provisions.
Our Conditions of Purchase are valid even if the supplier claims differing terms within potential General Terms and Conditions. By delivering the goods ordered or partial deliveries, the supplier accepts the Conditions of Purchase of DUMAG GmbH.
Sole place of jurisdiction is Wiener Neustadt, Austria.