General terms and conditions of purchase

1. Conclusion of the contract and contents of the contract

Other terms and conditions of business shall not apply, unless these have been expressly acknowledged by us in writing.

2. Prohibition of child labour and the deployment of forced labour

The Contractor shall be obliged to comply with the basic principles concerning the prohibition of child labour and the abolition of forced labour and to safeguard rights in accordance with the ILO basic declaration of 1998 (International Labour Organisation, Geneva). The Contractor must ensure that its vicarious agents and sup-suppliers comply with these rules.

3. Transport-related regulations concerning the shipment of hazardous goods

The Customer requires that the Contractor, as a seller of the goods, possesses comprehensive knowledge concerning any possible dangers in relation to its goods during shipping, packing, storage etc. Therefore prior to accepting the order, the Contractor must check whether the goods named in the order are to be classified as hazardous materials (for example paints, adhesives, chemicals or ignitable, oxidising, flammable, toxic, radioactive or corrosive goods or goods which carry a risk of explosion or self heating). In such cases, the Contractor must immediately and comprehensively inform the Customer. However at the latest at the time of “order confirmation”, the Contractor must provide the Customer with the corresponding product information – as a minimum the safety data sheets and accident information sheets – and provide notification concerning the type and quantity of each delivery bundle. The declaration, labelling and packaging must each take place in accordance with the most up-to-date version of the applicable national and international regulations and must carry the required legally binding signed hazardous goods declarations.

4. Dates and deadlines

4.1 Delivery deadlines: Should the Contractor become aware that the agreed deadlines cannot be complied with, it must immediately inform the Customer of such in writing. Early deliveries or services and partial deliveries or services shall require the agreement of the Customer.

4.2 Rights and claims prior to the due date: The Customer shall have the right to rescind the contract in full or in part prior to the due date of the delivery or service, should it be apparent that the Contractor will not be able to provide these on time, even if the Customer were to grant the Contractor a reasonable period of grace. The Customer shall also have the right to demand damages in lieu of performance from the Contractor, should it be apparent that the Contractor will not be able to provide the delivery on time within a reasonable period of grace.

5. Remuneration, additional or reduced deliveries

5.1 Prices: The agreed prices are fixed prices.

5.2 Pricing: The prices are free to the place of use and include packaging and shipping costs. The agreement concerning the place of performance shall not be affected by the manner of pricing.

5.3 Insurance: The costs connected to insurance which are incurred by the Contractor shall only be assumed by the Customer if this has been agreed with it in advance and in writing.

5.4 Additional and reduced deliveries: The Customer shall reserve the right to accept additional or reduced deliveries in individual cases.

6. Payment

6.1 Payment deadline: Payments for deliveries of goods shall take place within 14 days with a 3% discount or 30 days net without any discount. The payment deadlines shall start to run following the time of receipt of the invoice, however not prior to the receipt of a defect-free and full delivery / provided service and, should the scope of service include documentation and inspection certificates, not prior to the handover of these to the Customer in accordance with the contract. Should a payment not be able to be made on time due to incorrect delivery papers or incomplete information in the invoice, payment deadlines and discount periods shall not start to run until after clarification.

6.2 Payment under reservation: Payment of invoices shall not give rise to acknowledgement of claims of the Contractor which have not yet been verified.

7. Reservation of ownership

The Customer hereby objects to all reservation of ownership regulations which go beyond the simple reservation of ownership. These shall require a prior written agreement in an individual case. However, should the situation arise where sub-contractors assert ownership rights, co-ownership rights or rights of lien against the Customer or have enforcement measures carried out against the Customer, the Customer shall have a claim against the Contractor to all losses incurred as a result.

8. Liability

8.1 General liability: The liability of the Contractor shall be in accordance with the statutory regulations.

8.2 Product liability: The Contractor shall release the Customer from all product liability claims outside of the contract which are due to defects in the product / partial product delivered by the Contractor. In the same manner, the Contractor shall also incur liability for losses which are incurred by the Customer due to the reasonable type and scope of preventative measures which are taken by the Customer against a claim which is brought due to product liability outside of the contract, for example public warnings. The right of the Customer to assert its own damages claims against the Contractor shall remain unaffected thereby.

9. Third party property rights

Guarantee of use in accordance with the contract: The Contractor shall ensure that that the Customer will not infringe copyright, patents or other third party property rights due to the use of the deliveries or services of the Contractor which is in accordance with the contract.

10. Access to the manufacturing premises

In case of orders which are carried out individually in accordance with instructions issued by the Customer, the Customer shall have the right, by prior agreement in terms of time, to enter the manufacturing premises of the Contractor and to have a point of contact available in case of queries relating to the specific order. The Contractor shall be obliged to obtain the consent of its suppliers, so that the Customer can also claim its above right at their premises also.

11. Ineffectiveness

Should any individual provisions be ineffective, this shall not affect the validity of the remaining clauses. The corresponding statutory provision shall take the place of the ineffective contractual clause.

12. Place of performance

The place of performance for deliveries and services shall be the place of use stated in the order and, for payments, the place of business of the Customer.

13. Place of jurisdiction / applicable law

The place of jurisdiction shall be the competent court of the place of business of the Customer. However, depending on its choice, the Customer can also bring a lawsuit against the Contractor at its general place of jurisdiction. The law of the Federal Republic of Germany shall apply. The applicability of the United Nations Convention governing the International Sale of Goods dated 11 April 1980 (CISG) shall be excluded.

Supplementary terms and conditions of purchase in respect of items for the aviation and space travel industry

The terms and conditions of purchase below shall apply as a supplement to the general terms and conditions of purchase above. In case of conflict in relation to the contents of the general terms and conditions of purchase, the provisions below shall take priority over the general terms and conditions of purchase.

14. Right of access

The Supplier hereby grants the Customer, our customer and the authorities which issue regulations a right of access to all production locations which are involved in the order. The said right of access shall also include the right of access to conformity certifications, inspection and test reports, and, if applicable, up to and including airworthiness certificates of the approved manufacturer / repair company.

15. Notification obligation

The Supplier shall be obliged to provide the Customer with immediate notification of all changes to the products in a binding manner.

16. Labelling obligation

Due to reasons connected to traceability, the Supplier shall be obliged to state the batch number on the delivery note.

17. Defective products

17.1 Should the Customer or its customer become aware of a defect, a defect complaint or inspection report (hereinafter referred to as “objection”) will be issued and delivered to the Supplier, if possible with samples of the defects. The objection shall be processed by the Supplier in the form of a 6D report and shall be submitted to the Customer as a written statement. The immediate measures shall be responded to by fax or email within a day. The measures carried out shall, if applicable, be re-evaluated in the FMEA. Until proof of the effectiveness of the measures which have been implemented, the Customer shall be able to demand free-of-charge special measures (for example increased test density).

17.2 The Supplier shall be obliged to weed out defective deliveries at its own expense and/or to rework these in such a way that no losses are incurred by the Customer and/or its customer (for example production stoppages). If applicable and if approved, a replacement delivery must be provided at a time specified by the Customer. Should reworking not be prudent, defective products must be scrapped and proof provided of such. The costs in this respect shall be borne by the Contractor.

17.3 The Supplier must clarify as to whether further goods which may be defective are at the premises of the Customer or are in the process of transportation to the premises of the Customer and must immediately notify the Customer of such.

17.4 Should the Supplier have work carried out by third parties, it shall not be released from the instruction, disposition and necessary replacement delivery obligation.

17.5 Batches which are delivered once again after being sorted or reworked following an objection must in all cases carry the relevant number of the objection on the delivery papers and the packaging.

17.6 Should the Supplier become aware of defects at its premises which may affect component parts which have already been delivered, the goods-in inspection department of the Customer must be informed. Any measures which have been initiated must be notified.

18. Traceability

All calculated measurement and inspection results and process data must be capable of being assigned to defined lots and manufacturing batches. The products must be delivered as separate lots and manufacturing batches. The mixing of lots and manufacturing batches is not permitted. The labelling of the manufacturing batches and lots shall be shown on the containers, the delivery papers and, where possible, on the parts themselves. The Supplier must maintain a corresponding system for traceability and labelling.

19. Relief for AWI Eberlein GmbH

19.1 The Supplier shall be responsible for the goods-out inspection and thereby for flawless deliveries. The Customer shall limit the goods-in inspection for deliveries of the Supplier to the identification of obvious defects, such as compliance with quantities and identity of the ordered contractual products, as well as damage during the transportation and packing process. Immediate notification will be provided in respect of defects which are observed at this time.

19.2 Should a defect to the object of purchase arise subsequently during the warranty period, this shall be notified to the Supplier by AWI Eberlein GmbH immediately following discovery. Generally, all deviations from the agreed product quality, shortages, changes in the manufacturing process or other principles concerning the approval of the delivery (see Point 6 final paragraph) shall be notified to the Customer immediately.

As of: 1.1.2017

AWI Eberlein GmbH
Hauptstraße 39/50
D-91731 Langfurth

info@awi-eberlein.de
Phone  +49(0)98 56-97 10-0
Fax  +49(0)98 56-97 10-10