General conditions of purchase of Witosa GmbH

These General Conditions apply to orders for goods deliveries as well as for service and work performance. 

Exclusively conditions of purchase, also, apply. Opposing or deviating conditions of purchase of the conditions of the contractor do not recognise the purchaser, unless the purchaser agrees with their validity in a written form. The conditions of purchase shall also apply if the customer accepts the delivery reservation in the knowledge of contrary or deviating conditions of the contractor.

I. Orders and Statements

The orders are binding only if they are granted or confirmed by the purchaser in a written form. The same is true for other explanations .

II. Prices

If there is no other agreement, the prices include free packaging to the destination place.

III. Invoicing and payment

Payment is due within 14 days of receipt of items and the invoice and the purchaser has less than a 2 % discount or within 30 days without discount in cash at the option of the purchaser. A change made before the agreed date shall not affect the bound on this date for payment. If the invoice is later than the goods , so is decisive for the calculation of the discount period of receipt of the invoice. Payment shall be deemed to be made ​​when it is run by the purchaser.

IV. Assignment/off Clause

the contractor may either wholly or partially assign its contractual rights to third parties without prior written consent of the Purchaser .

V. Delivery times, delivery

If the contractor can not comply with limits and deadlines, he shall notify the purchaser immediately in a written form.

VI . Warranty

1. The contractor shall guarantee that his delivery of the contractually guaranteed properties is not affected by errors which cancel or reduce the value or the suitability for normal or expected use by the contract .

2. The warranty begins on the date of delivery or, if the acceptance is agreed, with the agreement of the delivery item.

3. The warranty period is 24 months. For the repaired or replaced parts, the warranty period shall begin to run again.

4. All the so-called defects, within the warranty period, referred to in paragraph 1 have to be removed immediately by the contractor. If this is impossible or unreasonable for the purchaser, then the purchaser is entitled to the delivery of conforming goods. The cost of removal or replacement, including all additional charges (e.g load) is carried by the contractor. If the contractor accepts the above guarantee obligations which are not stipulated in the contract or by or is a case of urgency, then the purchaser is entitled to carry out the necessary measures at the expense of the contractor. In particular, the customer may replace the defective parts or they may even be replaced by third parties or they may obtain from a third party. The right to change or reduction or damages remains unaffected.

5. The defect happens due to the fault of the contractor or missing the object of delivery an assured property and the contractor has, also, to replace the non-arising damage of the thing itself.

VII. Performance, Jurisdiction

For the disputes, the exclusive jurisdiction of the headquarters of the customer is agreed. The purchaser is entitled to sue the contractor to other competent jurisdictions.

VIII. Governing Law

the laws of the Federal Republic of Germany shall apply to the legal relationship between the customer and the contractor. The text of these general conditions of purchase is authoritative in the German language.

IX . Prohibition of advertising /secrecy

1. The use of inquiries, orders, related correspondence and the case of a supply relationship or their initiation for advertising purposes without the prior consent of the Purchaser .

2. The contractor shall treat all operational processes, facilities, equipment, documentation, etc. to the purchaser and its customers, which are known to him in connection with his work for the customer, even after submission of the respective offers and after completion of the contract third parties for disclosing. He is his vicarious agents impose corresponding obligations.

X. Severability

Should any of these conditions be or become invalid, the remaining provisions shall remain effective. An invalid or unenforceable provision shall be regarded as replaced by that effective and enforceable provision that comes the economic purpose intended by the parties to the extent legally possible the next