General terms and conditions for purchase h&m gutberlet gmbh

I. Exclusive validity of these General terms and conditions for purchase

A purchase of products by GUTBERLET and therefore all related performances are performed exclusively to the following conditions.Differing conditions of the seller thereof only become part of the contract if GUTBERLET expressly confirms this in writing.Even if GUTBERLET does not expressly contradict this, this does not imply silent recognition, for example, by placing an order.The subsequent conditions apply for present and also future purchase transactions, even if GUTBERLET does not expressly refer to these.With the acceptance of an order from GUTBERLET, the seller accepts these general terms and conditions.

II. Realisation and content of the contract

1. Offers to GUTBERLET are given free of charge. The seller is bound to his offer for at least 12 weeks.2. Orders must comply with the details (e.g. with respect to amount, character and design) as stated in GUTBERLET´S inquiry or technical discussions. The seller has to indicate discrepancies expressively.3. Oral subsidiary agreements and covenants of the staff of GUTBERLET are required to be confirmed in writing to be valid.The same applies for the rescission of this written form prerequisite.

4. Orders by GUTBERLET will be placed in written form and have to be confirmed immediately by the seller.The content of the order, against which the seller has to object in case of discrepancies or incongruities, is exclusively authoritative.

The order-number of GUTBERLET has to be indicated in all correspondence ( of written or electronic kind) and also in invoices.

6. In fulfilment of the order the seller is obliged to adhere to the applicable compulsory and official rules and conditions. The delivery or performance has to comply with the applicable security-, work safety-, accident-avoidance-, the applicable Norm-,cosmetics-regulations, DIN-, VDE and other rules and regulations.All the documents necessary to approve, operate, maintain and repair are content of each delivery and have to be handed over to GUTBERLET.

III. Prices and payment

1. The agreed prices are fixed-prices without VAT and apply inclusive packaging free to the place of use.

2. If agreed otherwise the costs of transportation and packaging have to be indicated separately in invoices, unless GUTBERLET disposes the transport itself.

3. The invoice of the the seller has to contain the order-number of GUTBERLET.The payment will be undertaken after complete receipt or complete performance and after receipt of the invoice, if not agreed otherwise, within 14 days with 3% discount or within 30 days.

4. An assignment of claims to third parties requires the approval of GUTBERLET.

IV. delivery

1. Delivery-time and place of delivery (place of use) as stated in the order are binding.If a delay of the delivery is foreseeable, GUTBERLET has to be immediately informed in written form about this along with the reasons for it and the estimated duration of it.

2. Should the seller default in delivery of individual parts of an order, GUTBERLET is not obliged to accept further parts of this order. The same applies if the seller defaults in the delivery of one of several orders.

3. In case of default in delivery GUTBERLET is entitled to claim a lump-sum delay-damage compensation of 2% of the delivery value per completed week, but not more than 10% in total. Further legal claims are preserved. The seller is entitled to proof that in consequence of the default the damage is not existent or less.

V. Packaging, despatch and transfer of risk

1. Accordant to this agreement the seller has to enclose a delivery note with the order number of GUTBERLET, the results of the quality inspection and if applicable the certificate of the analysis in each and every delivery. The address of the delivery note / the delivery address (place of use) specified by GUTBERLET has to be observed accurately.

2. The seller bears the transport hazard to the place of performance. Place of performance is the delivery address (place of use).Also every damages resulting from inappropriate packaging are to the account of the seller.Additional costs of express transportation to keep a delivery date are to the account of the seller, unless GUTBERLET is responsible for the delay.

Exclusively environment-friendly packaging has to be used.The seller is obliged towards GUTBERLET to take back packaging material on his costs accordant to the packaging order (Verpackungsverordnung). Place of the take back obligation accordant to § 4 of the packaging order is the place of delivery. This free of cost return of transportation packaging material can also be undertaken at a subsequent delivery of the seller.

VI. Retention of title

GUTBERLET acquires the unlimited ownership of the delivered goods or performances with their hand-over and their acceptance by GUTBERLET. With the hand-over the seller indicates his unlimited authorization of dispose and that there are no rights of third parties.

VII. Commercial protection and copyright

1. If initiated by GUTBERLET the seller produces designs, samples, clichés, lithographs, tools, engineering drawings and suchlike, GUTBERLET becomes their owner and they have to be handed over on delivery.

2. If goods offered by the seller violates industrial property rights or similar rights of third parties, exclusively the seller is liable therefore.

3. If GUTBERLETS hands manuscripts, originals, print substrates, printed papers, final drafting, slides, electronically transmitted artwork, amongst others over to the seller, these are to be stored at the risk of the seller. It is left to the seller to contract a respective insurance. After delivery these are to be given back to GUTBERLET.

6. The realisation of all commercial trade mark rights from GUTBERLET and respectively partners and furthermore all Know-how of which the seller  acquires knowledge e.g. at the occasion of the order is not permitted to the seller. This also applies for  engineering drawings, samples, ingredients amongst others, e.g. also the above mentioned documents respectively data handed over. In every case the seller is obliged to confidentiality and nondisclosure.

VIII. Liability / Guarantee

1. Accordant to the law the seller is liable for deficiency of quality and title.The goods delivered have to comply with the construction rules specified by GUTBERLET.Immediately after legitimate reprimand defects of all kinds have to be eliminated by the seller; this also applies if they are determined at the time of procession.

2. In the range of job processing or further processing by the seller these claims of GUTBERLET are also applicable on the added products in case of defects (After receipt added products are to be considered as products of the seller).The seller is obliged to monitor the quality of the added product and inform GUTBERLET about defects and changes, amongst others.

3. The statutory period of warranty is exclusively applicable.

4. GUTBERLET is entitled to remedy defects itself and receive compensation for the costs if the safety of the company is unreasonably compromised and disproportional damages have to be warded off, whereas the seller has to be immediately notified about, or if the seller is in default with the remedy of a defect or the replacement of a defective product.

IX. Other claims for damages

Claims for damages by the seller of all forms are excluded, unless they are due to the intention or gross negligence of GUTBERLET. This applies for both direct and indirect damages (consequential damages). The aforementioned does not apply on damages of the violation of life, body or health or a liability accordant to the german product liability act (Produkthaftungsgesetz).

X. Applicable law, place of performance and place of jurisdiction

1. The mutual privity of contract determines to follow German law. The legislation on international sale of goods (UN/CSG) of movable goods is excluded.

2. The place of fulfilment is the factory of GUTBERLET in Nürnberg. This is not applicable on deliveries as far as the order states a different delivery address (place of use).

3. The place of jurisdiction for all disputes with businesspersons is the responsible court for GUTBERLET.

4. These regulations also remain binding, if individual sections should be ineffective.


h & m gutberlet gmbh
max-brod-straße 11
d-90471 nürnberg


Fon: +49 (0)911 818660
Fax: +49 (0)911 8186622

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