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Einkaufsbedingungen

General Purchasing Terms and Conditions

The following Terms and Conditions shall apply exclusively to our orders, even in the event of an objection, without requiring any particular objection on our part.

1.Suppliers’ additional or deviating arrangements and terms and conditions shall only be binding where we have accepted same in writing.

2.

Shipping / Mailing addresses:Stolberg Plant
Prym Consumer Europe GmbH
PO Box 17 40
52220 Stolberg
Alsdorf Plant
Prym Consumer Europe GmbH
PO Box 13 47
52475 Alsdorf

Truck deliveries and packages sent by mail:Stolberg Plant
Prym Consumer Europe GmbH
Zweifaller Straße 130, Gate 4
52224 Stolberg
Alsdorf Plant
Prym Consumer Europe GmbH
William-Prym-Straße 26
52477 Alsdorf
3.Goods receiving:

Monday - Thursday: 8 a.m. – 2 p.m., Friday: 8 a.m. - 12 noon
Special arrangements remain reserved.
4.The shipping risk shall be borne by Seller. The goods must be securely packaged for shipping.
5.Invoices are to be sent to the Stolberg plant in single copy. The date of receipt of the invoices shall be deemed the invoice date.
6.A separate delivery note is to be issued for each receiving site and the goods are to be identified. The order number and receiving site as well as the material number and material description are to be shown on all documents and on the labels. Delivery notes or invoices that have not been created properly may result in acceptance being refused and invoices being returned.
7.Freight charges (cartage) shall not be borne by us.
8.Seller shall be obligated to process orders such that the relevant accident prevention and health and safety regulations, as well as the generally recognized rules of safety and occupational health are observed.
9.Supplier shall comply with the rules on hazardous substance under the REACH Regulation, which also apply, and meet its resulting duties to provide information to us. Where compliance with these or similar environmental regulations results in a change to the goods delivered by Supplier or the possible use or quality of the goods are affected, Supplier is to notify us thereof without undue delay. By accepting the order, Supplier confirms to us that all of the goods that it delivers will comply with the requirements of the REACH Regulation or similar environmental regulations as may be amended from time to time.
10.As a general rule, goods shall become our property upon delivery. Where retention of title in favor of Supplier is agreed, such will initially have the effect of simple retention of title. We shall, however, be entitled to use, process and/or sell the goods without restrictions, as well as transferring the goods to third parties at any time, even where such results in the loss of retention of title.
11.Any orders must be placed in writing to be effective. Verbal agreements shall only be effective if confirmed by us in writing.
12.With respect to warranty, compensation for damages, and withdrawal, the statutory provisions shall apply with the following particularities:
a)The subject matter of the agreement shall only be deemed accepted where we have confirmed such expressly in writing.
b)Acceptance of the goods and payment of the purchase price shall under no circumstances be deemed a waiver of the right to complain about defects. Seller waives the objection of delayed complaint about defects. Section 377 German Commercial Code is expressly excluded.
c)Seller expressly warrants and represents that the goods will be of perfect quality and free of material defects and defects of title. Seller shall be obligated to pay compensation for any and all damages arising directly or indirectly from defective delivery, in particular occurring on our premises.
d)In the event of late deliveries, we may withdraw from the agreement without any further prerequisites having to be met. In particular, no reminder shall be required. Fault on the part of Seller is not a requirement.
e)The period of limitations for all warranty claims shall be 24 months and shall commence only once the defect has been detected. In case of the purchasing of machinery, Seller warrants that it will function without errors for a period of 24 months after acceptance.
13.Notwithstanding any other statutory or contractual rights to withdrawal, we shall be entitled to withdraw from the contract in whole or in part, (i) if an application is made to initiate insolvency proceedings with regard to Supplier’s assets (ii) or if Supplier fails to comply with material obligations owed to us without any justifiable grounds (iii) or if other unforeseen events for which we are not responsible result in a significant change in the basis of the contract entered into with Supplier.
14.Notwithstanding any other claims on our part, Supplier shall release and hold us harmless from and against any and all claims for compensation for damages by third parties upon our first request. This shall apply in particular to product and manufacturer liability claims where such are asserted against us as a result of a cause which is within the area of control and organization of Supplier and the third party could therefore logically assert the claim against Supplier instead of against us. This release and hold harmless provision shall include in particular defense against unjustified claims and compensation for any expenses or cost incurred by us in connection with recall measures. To the extent possible and reasonable, we shall notify Supplier thereof in advance.
15.In the event of culpable exceeding the agreed delivery deadline, as of a delay of 14 days, Supplier shall pay liquidated damages of 3% of the net price of the delivery. Such shall not apply where we are responsible for the delayed delivery. We shall also not be entitled to assert a claim to the aforementioned liquidated damages where the delivery is accepted without reservation. After final payment for the delivery, we may only request liquidated damages if we have reserved the right to do so upon making the final payment. Any liquidated damages charged hereunder may be requested as a minimum amount for the damage owed as a result of the same breach of obligation. The possibility of asserting claims for further damages is not excluded. Any liquidated damages paid, however, shall be offset against the damage. This Article shall apply accordingly in the event of a part of the delivery being late.
16.Any drawings necessary for processing the order, which are our intellectual property, may not be made accessible to any third parties without our consent. Seller shall also be obligated not to deliver goods manufactured in accordance with our instructions or drawings to third parties. Seller, as the custodian, shall keep such drawings in its direct possession. The aforementioned provision shall apply accordingly to drafts, models, tools, and similar items.
17.Should individual contractual provisions be or become ineffective, the remaining provisions shall remain effective. The parties shall be obligated to replace the ineffective provision with a legally effective provision most closely resembling the economic intent and purpose of the ineffective provision.
18.Place of performance shall be the delivery sites in accordance with Article 2 hereof, unless other sites are specified in the order.
19.Legal venue shall be the court responsible for the headquarters of Prym Consumer Europe GmbH. The law of the Federal Republic of Germany shall apply in exclusion of the United Nations Convention on Contract for the International Sale of Goods of 11 April 1980 as may be amended from time to time.

Ihr Ansprechpartner

Prym Consumer Europe GmbH

Datenschutzbeauftragter

Zweifaller Straße 130

D-52224 Stolberg

Fon+49 (0)24 02/14 04

Fax+49 (0)24 02/14 29 05

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