Prices are fixed prices. They include everything the Supplier must perform in order to fulfil its delivery/service obligations.
Please note that price increases must be notified in writing at least three months in advance. This period enables us to plan and implement corresponding adjustments in good time. Price adjustments can therefore only be taken into account from the first day of the following quarter.
1. The scope of delivery/service includes, inter alia, that
– the Supplier transfers to the Purchaser ownership of all technical documentation (including for sub-suppliers) as well as all other documentation required for new production, maintenance and operation. This technical documentation must be prepared in German and in accordance with the international SI unit system;
– the Supplier transfers all rights of use that are necessary for the use of the deliveries/services by the Purchaser or third parties, taking into account any patents, supplementary protection certificates, trademarks, utility models;
– the Purchaser has the unrestricted right to carry out repairs to the received delivery/service and modifications thereto itself or have them carried out by third parties, and furthermore to manufacture spare parts itself or have them manufactured by third parties.
2. If the agreed scope of delivery/service is to be changed, the Supplier shall only be entitled to additional claims or changes to deadlines if a corresponding written supplementary agreement has been concluded with the Purchaser prior to execution.
3. The ordered quantities are binding. In the event of excess deliveries/services, the Purchaser shall be entitled to reject these at the Supplier’s expense and risk.
The Supplier shall establish and maintain a suitable, documented quality assurance system, appropriate in type and scope and corresponding to the state of the art. The Supplier shall prepare records, in particular of its quality inspections, and make these available to the Purchaser upon request. The Supplier hereby agrees to quality audits by the Purchaser or a party commissioned by the Purchaser in order to assess the effectiveness of its quality assurance system.
1. Agreed dates are binding. If agreed dates are not met, the statutory provisions shall apply. Delivery/performance before the agreed dates entitles the Purchaser to reject the delivery/service until the due date.
2. If the Supplier becomes aware that an agreed date cannot be met, the Supplier shall inform the Purchaser immediately in writing, stating the reasons and the expected duration of the delay.
3. The unconditional acceptance of a late delivery/service shall not constitute a waiver of the Purchaser’s claims for damages; this shall apply up until full payment of the remuneration owed by the Purchaser for the affected delivery/service.
Where the Supplier and the Purchaser agree on the applicability of one of the international trade clauses “Incoterms” developed by the International Chamber of Commerce (ICC), the version in force at the time shall apply. They shall only apply insofar as they do not conflict with provisions of these Terms and Conditions of Purchase or other agreements made. Unless otherwise agreed in writing, delivery/performance shall be made delivered and duty paid (DDP, according to Incoterms) to the place of delivery/performance or use specified in the order.
Deliveries/services shall be made to the specified shipping addresses. Delivery/performance to a place other than the receiving point designated by the Purchaser shall not result in the transfer of risk to the Purchaser, even if that place accepts the delivery/service. The Supplier shall bear any additional costs incurred by the Purchaser as a result of delivery/performance to a place other than the agreed receiving point.
Shipping address for parcels and small packages:
FSP-Tech GmbH
Heinz-Bäcker-Str. 27
45356 Essen
Delivery times:
Mon–Thu: 7:30–16:30 / Fri: 7:30–14:00
Shipping address – production:
Heinz Meyer Feuerwehrbedarf GmbH
c/o FSP-Tech GmbH
Magirusstraße 4
49453 Rehden
Delivery times: Mon–Thu: 7:00–16:00 / Fri: 7:00–12:00
Partial deliveries/services are not permitted unless expressly approved by the Purchaser. Partial deliveries/services must be identified as such; delivery/performance notes are to be submitted in a single copy.
If weighing is required, the weight determined on the Purchaser’s scales shall be decisive.
If the Supplier is entitled to the return of packaging required for the delivery/service, the delivery/performance documents must bear a clear indication of this. In the absence of such indication, the Purchaser shall dispose of the packaging at the Supplier’s expense; in this case the Supplier’s claim for return of the packaging shall lapse.
Storage of items required for delivery/performance on the Purchaser’s premises may only take place at assigned storage locations. The Supplier shall bear full responsibility and risk for these items until the transfer of risk for the overall order.
During transport, statutory provisions, in particular the provisions of the law on the carriage of dangerous goods and the applicable dangerous goods regulations including their annexes and appendices, must be observed.
The declaration of goods in consignment notes for rail transport must comply with the railways’ currently applicable regulations. Costs and damage resulting from incorrect or omitted declaration shall be borne by the Supplier.
Receipt of consignments must be confirmed in writing by the receiving point specified by the Purchaser.
The Supplier is not entitled to transfer the execution of the respective contract, in whole or in part, to third parties.
The Supplier is obliged to name its sub-suppliers to the Purchaser.
The Supplier may not assign its contractual claims against the Purchaser to third parties or have them collected by third parties. This shall not apply to claims that are finally adjudicated or undisputed.
Even if the respective contract is not a contract for work and services, the Purchaser shall be entitled to terminate it in whole or in part. In such a case, the Purchaser is obliged to pay for all deliveries/services rendered up to that point and to reasonably remunerate procured materials and delivered/performed work; in addition, § 649 sentence 2, second half-sentence BGB shall apply. Further claims of the Supplier are excluded.
The Purchaser is also entitled to terminate the contract if insolvency proceedings are applied for over the Supplier’s assets or if the Supplier ceases payments. The same applies if the Supplier fails to meet the claims of its own suppliers. The Purchaser shall have the right to take over materials and/or semi-finished products, including any special tools, on reasonable terms.
All legal relations between the Purchaser and the Supplier shall be governed by the substantive law of the Federal Republic of Germany, to the exclusion of the United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods (CISG) in its current version.
Should individual provisions of these Conditions be wholly or partially invalid, the remaining provisions shall remain fully effective. The same shall apply to the respective contract.
The Purchaser hereby points out, in accordance with § 33 of the German Federal Data Protection Act (BDSG), that it will store data of the Supplier on the basis of the Federal Data Protection Act.
For all substances, preparations and articles delivered/performed to the Purchaser, the Supplier must fulfil the requirements and measures resulting from the REACH Regulation.
The German version of these General Terms and Conditions of Purchase shall be authoritative.