General conditions of purchase

  1. Validity
    • The legal relationships between supplier and kmb Metalltechnik GmbH resp. Schausberger KFZ-Teile GmbH depend on the following conditions. Additions as well as deviating conditions require the writing form. Other than the general conditions do not apply, not even then if not explicitly contradicted.

 

  1. Order
    • Supply contracts (resp. order and acceptance) and call-offs as well as modifications require the writing form.
    • The purchaser shall be entitled to request changes regarding construction and design for the supplier within the scope of reasonableness. Cost increases or decreases as well as moving in regard of delivery date are to be arranged reasonable mutual.

 

  1. Delivery
    • The delivered goods must be provided with appropriate shipping documents. The papers must contain a reference to the kmb order number. In addition, all information necessary for the clear identification of the goods have to be indicated on the papers.
    • Partial deliveries require our approval; resulting additional costs shall be beared by the supplier in case of fault.
    • The goods must be packed appropriately for transport. Unless otherwise agreed, kmb assume no additional costs for packaging and transport insurance.
    • In case the packaging must be returned to the supplier, the supplier bears the costs for the return transport.

 

  1. Delivery Time
    • Agreed delivery dates are binding – any delays are to be announced in time.
    • In case of delivery delays we have the legal claims – in particular on replacement of loss or damage resulting of the delay. The unconditional assent of a delayed delivery means no dispensation of compensation claim.

 

  1. Notice of Defect
    • A supplier covenants through the rules of customary quality management systems e.g. ISO 9001 or IATF 16949 as well as through observance of the general duty of care, that the delivered goods and services are  free from defect. Therefore the purchaser limits the   incoming goods inspection in order to avoid an unnecessary double-check having regard to the following characteristics:

 

  • Identity and quantity: comparison of delivery note and packaging (resp. over-packaging); packaging units are to be denoted stating information of content, quantity and order number.
  • Outer characteristics – in particular with regard to obvious transport damages.
  • Further inspections have to be agreed separately (per order, components, etc.).
  • For any defects, which are not immediately identifiable through above listed inspection, the right of notice of defects is reserved until full handling or processing by the purchaser.

 

  1. Prices, Invoices and Payment
    • Unless otherwise agreed upon in writing, defined prices are fixed prices. Prices are valid „DDU Vorchdorf“ according to Incoterms 2000 including packaging.
    • All payments are made in Euro free the Supplier’s domestic bank account with foreign bank transfer; the receiver shall bear all expenses.
    • The value added tax must be, so far as it applies, designated separately.
    • Invoices must be sent via postal service or via E-Mail (if promised in writing). A reference to order resp. delivery of goods resp. service must be
    • Payment is effected within 14 days with 3% discount or within 30 days net. Deviating payment terms must be agreed separately.
    • Payments will be made by bank transfer.
    • Changes in accounts require writing form (separated from invoice).
    • In case of faulty deliveries the purchaser shall be entitled to withhold either the payment completely or proportionately until the contract has been duly performed or otherwise clarified.

 

  1. Observance of Legal Requirements
    • The supplier is obliged to comply with all national and international laws and standards.
    • This applies especially to human rights and employee protection legislation, environmental standards (Reach etc) as well as to European and international compliance provisions.
    • The supplier must ensure that all subcontractors also comply with these rules compellingly.
    • The seller confirms that the ordered goods are not subject to any trade restrictions and that he is authorized to sell them to kmb Metalltechnik GmbH and its related companies.

 

  1. Fullfillment and Jurisdiction
  •  Place of fullfillment is Vorchdorf, Upper Austria
  • Place of jurisdiction for all conflicts arising with the contractual relationship is Wels, Upper Austria.
  • For all contractual relations Austrian law applies. The application of UN purchasing rights does not apply.

 

  1. Final Provisions

In case any item of the present conditions or under other agreements is or becomes ineffective, this shall not affect the validity of all other provisions or agreements.