General Purchasing Conditions of PIKK-SYSTEMS GmbH
- Status: January 01, 2022 -
The following provisions apply to PIKK-SYSTEMS and are part of all purchase, work and work delivery contracts as well as other contracts for the provision of services, excluding any general terms and conditions of business and delivery of the contractor (hereinafter "Supplier"). Conflicting purchasing and delivery conditions of the suppliers are not binding for PIKK-SYSTEMS, even if PIKK-SYSTEMS does not expressly object to them. This also applies if the supplier expressly emphasizes that he only wants to deliver on his own terms.
PIKK-SYSTEMS is entitled to accept the supplier's offers by placing an order in writing by fax or email. Orders are only binding for PIKK-SYSTEMS if they are placed in writing or are confirmed in writing after being placed orally. The type and scope of the services to be provided by the supplier are based on the contract. Irrespective of more detailed provisions in the contract and/or any specifications, the goods to be delivered must at least have the functionalities specified in the supplier's brochures and product descriptions and correspond to the latest state of the art. The supplier undertakes to provide his deliveries or services in accordance with the latest recognized rules of technology and to comply with the safety regulations and the agreed technical data. If an order from PIKK-SYSTEMS is not confirmed immediately - at the latest within 14 days of receipt - PIKK-SYSTEMS is entitled to cancel the order free of charge.
PIKK-SYSTEMS reserves the right to determine the shipping route and type of shipment as well as the means of transport and the type of packaging. Insofar as an obligation to send has been agreed, the supplier is obliged to commission a reliable forwarding agent to ship the goods. For materials that require special treatment in terms of packaging, transport, storage, handling and waste disposal due to laws, ordinances, other provisions or due to their composition and their effect on the environment, the supplier will submit an offer to PIKK-SYSTEMS hand over a fully completed safety data sheet and an applicable accident data sheet. Goods not delivered in accordance with the contract will be returned at the supplier's expense and risk. If the deliveries are repeatedly not carried out in accordance with the contract, PIKK-SYSTEMS is entitled to withdraw from the contract. Agreed delivery dates are binding and apply in relation to the contractually agreed destination. In the event of a delay in performance for which he is responsible, the supplier shall be in default without a reminder. PIKK-SYSTEMS is entitled to demand a contractual penalty of 0.3% per working day during the delay, but a maximum of 10% of the net order value in total, unless the supplier can prove that no damage or only a significantly lower damage has occurred. The assertion of other claims remains unaffected. With a contract value of up to EUR 1,000, PIKK-SYSTEMS can waive a contractual penalty.
In the case of obvious defects, PIKK-SYSTEMS will observe a period of 2 weeks from handover of the products for the notification of defects, otherwise 2 weeks from discovery of the defect. Hidden defects entitle PIKK-SYSTEMS to demand compensation for useless expenses. In urgent cases, PIKK-SYSTEMS is authorized to have the defects remedied at the supplier's expense or, if this is not possible, to use another supplier at the supplier's expense. If the warranty period is not agreed separately, it is 24 months, unless a longer warranty period applies by law. The supplier guarantees the delivered products to be free from any defects and faults, mechanical defects and faults in workmanship. Defective goods can be returned at the expense and risk of the contractor. PIKK-SYSTEMS reserves the right to request repairs to the delivered products within the scope of the warranty.
5. Place of Performance
The place of fulfillment is the place of receipt (delivery address) or the place of performance.
6. Terms of Payment
The delivery takes place exclusively against invoice. Payments are made within 30 days of receipt of the invoice by PIKK-SYSTEMS. In the event that an invoice is issued before the agreed delivery date due to premature delivery and acceptance, the agreed delivery date is considered the date of invoicing and receipt is deemed to have taken place after 3 working days.
The supplier is obligated to keep trade and business secrets as well as other information, documents and data carriers of PIKK-SYSTEMS that are entrusted to him or become known to him from or in connection with the fulfillment of the order, in particular the methods of PIKK-SYSTEMS, secret and not for their own or third-party purposes, but only for the legitimate fulfillment of tasks within the framework of the respective order. The supplier will also have a corresponding obligation from him
impose on employees used to fulfill his obligation as well as other third parties involved by him. However, the confidentiality obligation does not apply to information that is already public knowledge or becomes public knowledge through no fault of the supplier who is bound to confidentiality. Further legal confidentiality obligations remain unaffected. This confidentiality obligation remains in effect even after the contract has ended. The supplier will observe the relevant regulations on data protection and the protection of professional and banking secrecy and only use employees who are obliged to perform the service.
8. Infringement of Intellectual Property Rights
The supplier is responsible for ensuring that his products or services and their use by PIKK-SYSTEMS do not infringe any patents or other property rights of third parties at home or abroad. Should the supplier nevertheless infringe property rights, he is obliged, at PIKK-SYSTEMS' discretion, to change the delivery in such a way that it can be used by PIKK-SYSTEMS in accordance with the contract without infringing the rights of third parties, or to indemnify PIKK-SYSTEMS from any possible third-party claims in this regard .
The packaging should be chosen as environmentally friendly as possible. It must be easily removable and disposable. The obligation to take back the packaging results from the relevant statutory provisions. The place of performance for the contractor's obligation to take back is the place where the goods are handed over. Irrespective of the shipping conditions applicable to transport, the following applies: The packaging must be designed in such a way that loads occurring during transport and storage do not damage the delivery material. The shipping containers/cartons must be secured with sufficiently strong locking devices to prevent the container from opening by itself. The shipping containers/cartons must be labeled with the material number, material designation and quantity of the contents. If stacked, this marking must be used for each
containers are recognizable.
Additions, changes or ancillary agreements to these conditions must be made in writing in order to be effective. This also applies to the lifting of the writing requirement. Should individual provisions of these purchasing conditions be ineffective or void, this does not affect the effectiveness of the remaining provisions. The parties will replace such an ineffective or void provision with a new provision that comes as close as possible to the ineffective or void provision. The assignment of rights and obligations of the supplier from the contract without the prior written consent of PIKK-SYSTEMS is excluded. The legal relationship between the parties is exclusively subject to German law. The exclusive place of jurisdiction is the headquarters of PIKK-SYSTEMS.