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Purchase Conditions of Antonics-ICP GmbH

1. Field of application

For orders, order confirmations and contracts of Antonics - ICP GmbH for products and services apply these purchasing conditions; we do not recognize contrary or deviating from our Terms and Conditions of the supplier, unless we have expressly agreed to their validity before in writing.  

All agreements made ​​between us and the supplier in performance of contracts and orders for supplies and services are set forth in writing. Other agreements are valid only if they are in writing. The legal validity of an order, assignment or contract the supplier is obliged to confirm receipt of our order or commission within three working days. If our order or commission be not duly confirmed, so we always have the right to refuse acceptance of the delivery and performance of this order .

Our terms and conditions also apply to our future orders and the conclusion of contracts with suppliers, without a further reference to these conditions.

Our conditions of purchase apply only to contractors according to § 14 BGB.


2. Prices – Terms of Payment

Agreed prices are binding. They apply, unless otherwise agreed, for delivery FOB to the agreed delivery address (CPT) according to Incoterms 2010 including VAT. Invoices are to be sent to our office in 16727 Velten, Ameisenweg 5. This can only be processed if they are provided with our business logo and our order number; for any consequences arising due to non-compliance with this obligation responsible is the supplier.
Payment shall be made, unless otherwise agreed, within 30 days net from delivery and receipt of invoice.
The supplier without our prior written consent, which shall not be unreasonably denied, is not entitled to assign claims or have them collected by third parties.


3. Transport und Packing

The supplier must ensure that the quality of the supplies will not be affected by suitable packaging for storage and transport to us or to the beneficiary of us as part of its quality management. As a result, he will deliver the goods exclusively in transport and packaging that meet these requirements. If applicable, a packing instruction must be defined. For "free" deliveries  the supplier shall ensure that the products are delivered by us or our beneficiary in an appropriate and safe way. 


4. Delivery and passing of risk

Agreed delivery dates are binding for the supplier.
Relevant to compliance with the delivery date is, unless otherwise agreed, the time of transfer of risk.
In case of delayed delivery we are entitled to the statutory claims. In particular, we are entitled to demand after the ineffective expiry of a reasonable period of time, the damages instead of performance.
If we demand damages, the supplier has the right to prove that he was not responsible for the breach of duty.
For the content, nature and scope of deliveries, particularly for quality , dimensions and quantities, the contractual terms and conditions shall prevail.
If no further requirements are agreed to have the services in good merchantable quality and, where DIN, VDE, VDI or equivalent standards exist, they should be in accordance with these. Where the above standards do not apply, or be displaced by more specific standards, the specific rules shall prevail . The supplies are in each case so produced and equipped so that they conform to applicable at the agreed place legal and public service provisions, in particular those of the Equipment Safety Act and the EC Machinery Directive and those on accident prevention on the day of delivery.


5. Receipt of goods

Deliveries can only be accepted mondays to fridays and must be notified.


6. Identification and traceability of products 

All parts supplied must according to the specifications (if defined) and be clearly marked with the date of manufacture. This does not apply if other markings is expressly agreed in writing.
In case of a detected mistake, a conclusion must be possible to do, to be able to limit defective parts and the starting material .The supplier will inform us about its identification system so that we can make their own findings to the necessary extent.
Labeling changes must be documented iand only possible after prior approval by us.


7. Quality tests of Antonics-ICP

With regard to the obligations assumed by the supplier for quality assurance, in accordance with § 377 HGB the incumbent inspection and complaint are reduced. By receiving goods, regularly takes place only the identity and quantity check and a check for transport damage in the form of assessment of packaging of the supplied products. We also carry, depending on the outcome of the general quality assessment, at regular intervals, the quality-based sampling input checks. 


8. The warranty

The statutory warranty claims to us in full; apart from it, we are entitled to demand that the supplier either will remedy the defect or will deliver new goods. The cost of the removal or delivery of new goods including all incidental costs, such as freight, disassembly and reassembly costs are borne by the supplier. The right to damages, in particular the right to compensation in lieu of performance is expressly reserved. 

The period of limitation shall be 24 months from the transfer of risk.


9. Product liability

If the Supplier is responsible for the product damage, he is obliged to indemnify us against third party damage claims, as the cause is in his control and organization and he is liable in relation to itself. In this context, the supplier is also obliged to reimburse any expenses arising out of or in connection with any of our recall action.


10. Copyright, Confidentiality

We reserve all rights of ownership and copyright to illustrations, drawings, calculations, samples, forms, models and other documents received from us by the supplier; they cannot be shown to the third parts without our written agreement. They are specifically used for the order and may be further applied only with our express permission. Upon request, but not later than after the completion of the order, they are automatically returned to us.


11. Waste Disposal according to the Electrical and Electronic Equipment Act

The supplier assumes the duty to the delivered goods, that is covered by the Electrical and Electronic Equipment Act, after termination of use by the supplier and / or their other customers, to dispose properly at their own cost according to the legal regulations. 
The supplier shall indemnify us from the obligations according to § 10 paragraph II Electrical and Electronic Equipment Act (recycling duty) and in connection therewith claims of third parties.
The claim of us to transfer / exemption by the supplier lapse not before the expiration of two years after the final termination of the use of the device. This period begins with the receipt of written notice of the customer and / or its customer to us about the end of use.


12. Place of jurisdiction – Place of Fulfilment – Aplicable law

If the supplier is a merchant, it is agreed as place of jurisdiction for all disputes Oranienburg or in case of more complicated case Neuruppin.  We are also entitled to sue the customer at his general place of jurisdiction, if no action has been brought. 

Unless otherwise agreed, is our seat in Velten the place of payment for the supplies and the place of transfer of risk. 

All legal relationships between the supplier and us is subject to German law under exclusion of the UN Convention of 11.04.1980 on Contracts for the International Sale of Goods.


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