|
1. |
Award of contract, divergent conditions
|
|
1.1 |
These terms and conditions of purchase
apply to all contracts to which the
regulations governing purchase pursuant
to the Jordan Civil Code (BGB) and the
Jordan Commercial Code (HGB) apply.
These terms and conditions also apply to
all future orders. They shall apply
alongside any special terms and
conditions additionally agreed in the
individual instance. |
|
1.2 |
Only those orders that have been placed
in writing are binding. This also
applies to subsequent changes. |
|
1.3 |
Our terms and conditions of purchase
apply exclusively; terms and conditions
worded differently - inasmuch as they
are not set forth in the overall order -
shall not apply - save for any possible
retention of title - even if we fail to
oppose these expressly. Anything to the
contrary shall only apply if we
expressly approve its validity in
writing. Our terms and conditions of
purchase also apply if we accept the
delivery / service of the supplier
without reservation in knowledge of any
conflicting terms and conditions or of
any terms and conditions deviating from
our own. Neither neglected opposition
nor payment or acceptance of the goods
shall represent recognition of external
terms and conditions of business.
|
|
 |
|
2. |
Breach of duty |
|
|
The
statutory claims regarding breach of
duty shall apply insofar as nothing to
the contrary or nothing supplementary is
arranged hereunder: |
|
2.1 |
Delay in service
|
|
|
|
2.1.1 |
The agreed delivery dates should
be precisely observed. The
culpable non-observance of
agreed delivery dates shall
oblige the Vendor without
further notice to effect
compensation alongside
performance in accordance with §
286 Para.1, in conjunction with
Para. 2 (1) and (2) BGB. Further
claims due to breach of duty
shall remain expressly reserved.
|
|
2.1.2 |
The Vendor must inform us
immediately, stating the
reasons, if a delay in the
service occurs or may occur. |
|
|
2.2 |
Defective service |
| |
|
2.2.1 |
We
investigate the goods at the
place of destination within the
ordinary course of business. Our
inward inspection is restricted
to obvious defects. Notices of
defect are timely if they are
made within 4 working days after
discovery of the defect.
Payments do not signify a
waiving of the right to make a
complaint. We shall only accept
goods which are made the subject
of complaint for the account and
at the risk of the Vendor and
store them on his behalf.
|
|
2.2.2 |
With a defective service, the Vendor shall also be liable for any damages that we incur in the ordinary course of business prior to the processing of the goods due to unrecognised defects of the goods supplied. The Vendor shall exempt us in this instance from the claims for damages of third parties. |
|
2.2.3 |
The Vendor shall be especially
liable for violations of
property rights which occur with
contractual use of the object
supplied.
|
|
|
2.3 |
Non-performance of service
The Vendor must inform us immediately,
stating the reasons, if non-performance
of service occurs or might occur.
|
|
2.4 |
Other
breaches of duty
Infringements of the provisions of these
terms and conditions shall represent a
particular breach of duty. |
|
|
|
3. |
Warranty periods
|
|
3.1 |
The
statutory warranty periods shall apply.
|
|
3.2 |
The
warranty period shall be extended to 10
years if the Vendor has concealed a
defect with intention to deceive (§ 202
BGB). |
|
|
|
4. |
Transport
|
|
4.1 |
Transport
shall occur without exception at the
Vendor's risk. |
|
4.2 |
The costs
of packaging, despatch and transport
insurance shall be borne by the Vendor. |
|
|
|
5. |
Assignments: |
| |
The rights
and duties arising from the contract may
not be assigned by a contracting party
without the approval of the other party.
We shall, however, be at liberty to
assign them to a company affiliated to
us. The Vendor will be notified thereof.
In this instance the Vendor will be
granted the right to withdraw from the
contract. |
|
|
|
6. |
Retention of title
|
|
|
Since the
goods we order normally pass into our
products as a result of treatment or
processing and any retention of title
thereby expires, all deliveries to us
must be free of such reservations. |
|
|
|
7. |
Model, drawings,
printer's copy
|
|
|
Models,
tools, printer's copy, drawings, etc.
which we provide for the execution of an
order shall remain our property and must
be kept secret. They may not be
entrusted to third parties, either for
inspection or disposal, without our
prior approval. Nor must they be used
for the manufacture of third-party goods
or be reproduced. They must be returned
to us immediately upon completion of the
order. |
|
|
|
8. |
Payment: |
|
8.1 |
Payment
shall be made upon receipt of the proper
invoice and delivery - the period shall
commence with the later date in each
case - within 14 days with 2% discount
or within 30 days net. |
|
|
|
9. |
Jurisdiction,
place of performance: |
| |
The place
of jurisdiction and performance for
payment is Wesel. The place of
performance for delivery is the
aforesaid place of destination.
|
|
|
|
10. |
Partial
ineffectiveness: |
| |
The legal
ineffectiveness of individual provisions
of these terms and conditions shall not
affect the effectiveness of the other
provisions. |
|
|
|
11. |
Applicable law: |
| |
This
contract is subject to the law of the
Hashimite Kingdom of Jordan to the
exclusion of the UN Convention on
Contracts for the International Sale of
Goods. |
|
|
