General Terms and Conditions of Purchase of Alex Breuer GmbH Industrieverpackungen
I. Scope of application
1. For all contracts concluded between Alex Breuer GmbH and a seller regarding the delivery of goods, the General Terms and Conditions of Purchase of Alex Breuer GmbH (hereinafter referred to as “General Terms and Conditions of Purchase”) apply exclusively. The Alex Breuer GmbH does not accept contrary or deviating conditions of the seller, unless the Alex Breuer GmbH has expressly agreed to them. The General Terms and Conditions of Purchase also apply if Alex Breuer GmbH unconditionally accepts the delivery of the seller in knowledge of contrary conditions or conditions deviating from these conditions.
2. All agreements, which are made between Alex Breuer GmbH and the seller in connection with the purchase contracts, have to be written down in the purchase contracts.
3. These General Terms and Conditions of Purchase shall only apply to companies within the meaning of § 310 para. 1 BGB (German Civil Code).
II. Delivery and dispatch
1. The delivery takes place according to the order and/or the following instruction of the Alex Breuer GmbH to the agreed upon dates. The seller will notify changes of the dates immediately.
2. The seller must comply with the dispatch regulations of Alex Breuer GmbH and the forwarder and/or carrier. The order and article numbers of Alex Breuer GmbH are indicated in all transport documents, letters and invoices.
III. Invoicing and payment
1. The prices quoted by Alex Breuer GmbH in the order are binding fixed prices (less any bonuses and discounts) and are free delivery unless otherwise agreed in writing between the parties. Packaging costs are included in the price. The price includes the statutory sales tax applicable at the time. All invoices of the seller need to include the order number given by Alex Breuer GmbH and must be submitted separately immediately after delivery, which means not enclosed with the delivery.
2. The Alex Breuer GmbH pays, provided that no deviating written agreement was made with the seller, within 10 working days, calculated from delivery of the goods by the seller and invoice receipt with 3% discount or within 30 days net.
3. Alex Breuer GmbH is fully entitled to the legal rights of set-off and retention. Alex Breuer GmbH is entitled to assign all claims from the purchase contract without the consent of the seller. The seller is not entitled to assign demands or other claims from the contractual relationship to third parties without the prior written consent of Alex Breuer GmbH.
1. Alex Breuer GmbH is obliged to check the goods for quality and quantity deviations within a reasonable period of time. The complaint is deemed to have been made in good time if it reaches the seller within five working days calculated from delivery of the goods or, in the case of hidden defects, from detection.
2. Alex Breuer GmbH is entitled to the legal warranty claims against the seller in full. The Alex Breuer GmbH is entitled in any case to demand from the seller, at the choice of the Alex Breuer GmbH, removal of defects or delivery of a new item. In case of delay, Alex Breuer GmbH is entitled to remedy the defect itself at the expense of the seller. The legal limitation period for warranty claims applies. A shortening of this statute of limitations can only be effected by an explicit written declaration of Alex Breuer GmbH. In the case of a purchase of consumer goods, the regulations of §§ 478, 479 BGB remain unaffected.
VI. Delivery amount and delivery date
1. The delivery dates agreed with Alex Breuer GmbH are binding.
2. The seller is obliged to inform Alex Breuer GmbH immediately if circumstances arise or become apparent to the seller which lead to the conclusion that the agreed delivery time cannot be kept.
3. In the event of a delivery delay, Alex Breuer GmbH is entitled to the legal claims. Alex Breuer GmbH is especially entitled to claim compensation for damages instead of performance after the fruitless expiry of a reasonable period of time. If Alex Breuer GmbH demands compensation, the seller has the right to prove that he is not responsible for the breach of duty.
VII. Information and data
Drawings, drafts, samples, manufacturing regulations, company-internal data, tools, equipment, etc. which we handed over to the contractor for the purpose of submitting an offer or executing an order shall remain our property. They may not be used for other purposes, reproduced or made accessible to third parties and must be stored with the care of a prudent businessman.
VIII. Data protection
The contractor declares his revocable consent to the processing of personal data in accordance with the statutory provisions.
IX. General information
1. The law of the Federal Republic of Germany is applicable.
2. If the seller is a merchant, the registered office of Alex Breuer GmbH is the place of jurisdiction. The Alex Breuer GmbH is nevertheless entitled to sue the seller at his domicile court.
3. Unless otherwise stated in the order, the place of performance is the registered office of Alex Breuer GmbH.
X. Reading Purposes, Interpretation difficulties
The English Version of these General Terms and Conditions of Purchase is for reading purposes only. In the event of deviations or difficulties of interpretation, the German version of these General Terms and Conditions of Purchase (“Allgemeine Einkaufsbedingungen der Alex Breuer GmbH”) shall prevail and only the German version shall be legally binding.