General Terms and Conditions of Purchase of the Pöttinger Immobiliengruppe
S. Pöttinger GmbH & Co. KG
Pöttinger Wohn- und Industriebau GmbH & Co. KG
Pöttinger GmbH & Co. Verwaltungs KG
As of June 2012
§ 1 General – Scope of Application
All deliveries and services agreed upon between the vendor and the Pöttinger Firmengruppe shall be based on these General Terms and Conditions (Allgemeine Einkaufsbedingungen = AEB) and other contract documents expressly specified in the agreements. These Terms and Conditions shall remain valid for the entire future business relationship until canceled by us, even if we do not expressly specify these Terms and Conditions in other agreements.
§ 2 Type and Scope of Services to Be Rendered
Type and scope of the services to be rendered are primarily determined by the individual agreements concluded to this effect. Moreover, the services must be in line with the industry standard applicable at the delivery date, the pertinent DIN and/or EN standards, the VDI directives and generally accepted sound engineering practice. Upon request, the vendor shall submit copies of test and approval certificates immediately.
The products’ properties which the vendor described in submitted offers, brochures etc. or which were expressly stipulated in the contract shall be considered contractually agreed properties of the products.
§ 3 Place of Delivery, Delivery Terms
Unless otherwise agreed in writing, the delivery shall be effected free construction site.
Each delivery shall come with a shipping note. The authorized recipient’s signature on the shipping note only certifies the receipt of the products, but not the proper performance of the vendor. Further statements on the shipping note, especially references to the vendor’s Terms and Conditions, shall not be valid.
When requested to do so, the vendor shall return the supplied packaging at his own expense or collect it at a later time after the products have been unpacked.
§ 4 Delivery Dates, Delivery Periods, Contractual Penalties
Delivery dates and/or delivery periods (even time of day!) which have been fixed in our order shall be binding and strictly complied with. Deliveries to construction sites have to be effected during normal working hours unless otherwise agreed in writing.
If the products were ordered on call, the delivery date and time specified when the order was called-off shall apply. The call-off date is a fixed delivery date according to Sec. 286, Para. 2, Item 1 of the German Civil Code. Deliveries prior to the agreed date must be consented by us, foreseeable delays shall be notified immediately in writing.
§ 5 Risk of Loss
The vendor shall deliver the products at his own expense and risk during the normal working hours to the contractually agreed point of destination (construction site, storage area). The risk shall pass to us only after the products were handed over at their point of destination. Especially the risk of unloading lies with the vendor. The freight cost up to the point of destination and the packaging of the products are included in the price. If the products are not delivered to the agreed point of destination, we shall be entitled in urgent cases to have the products transported to the point of destination without further notice and at the expense of the vendor.
§ 6 Duty of inspection, notification and rejection
Complaints regarding obvious defects in the deliveries or services shall be notified within two weeks after reception or acceptance, and in the case of hidden defects within two weeks after their detection. If the deviation of the products from quality or quantity can be attributed to gross negligence or intent on the part of the vendor, the latter cannot argue in a legally effective manner that an inspection or notification was not conducted or not conducted in time.
§ 7 Warranty
Our warranty claims are subject to the statutory limitation periods unless shorter periods have been agreed by means of an individual contract. Shorter limitation periods indicated in the vendor’s Terms and Conditions, if any, shall not be valid. We shall be entitled to demand from the vendor either rectification of the defects at the place of delivery or replacement delivery.
The vendor shall bear all expenses incurred for the rectification of defects or replacement deliveries, especially all cost for transport, travel, work and materials, including all expenses incurred for the elimination of damage with occurred as a result of the defect or rectification work on constructions made by the buyer and on other things.
For all direct and indirect damage resulting from defective deliveries which can be rectified only with an unreasonable amount of effort or within an unreasonable period of time, we shall have the choice to demand either price reduction or compensation for damages.
Payments made despite obvious defects shall not constitute a waiver of warranty rights.
§ 8 Termination
If, in the case of successive deliveries, one delayed or non-contractual delivery displays considerable defects, the buyer shall be entitled to issue a threat of termination and, in the case of another considerably defective delivery, to withdraw from the contract immediately even without sending another threat of termination and to demand damages for non-performance.
§ 9 Place of Jurisdiction
If the vendor is a merchant or his domicile is abroad, the place of jurisdiction shall be Munich for both parties. We also reserve the right to bring legal action against the vendor at his general place of jurisdiction.