Terms of Purchase
1. general/scope of application
AUDIO MOBIL orders exclusively in accordance with the currently valid terms and conditions of purchase. We do not recognize any terms and conditions of the supplier that conflict with or deviate from our Terms and Conditions of Purchase unless we have expressly agreed to their validity in writing. Our terms and conditions of purchase shall also apply if we accept the supplier's delivery without reservation in the knowledge that the supplier's terms and conditions conflict with or deviate from our terms and conditions of purchase.
All agreements made between us and the supplier for the purpose of executing this contract must be set out in writing in this contract. Individual agreements shall take precedence over the Terms and Conditions of Purchase. If our Terms and Conditions of Purchase or our order do not regulate certain points, the statutory regulations shall apply.
With the first delivery subject to these Terms and Conditions of Purchase, the Supplier acknowledges their exclusive validity for all further orders.
Only orders placed in writing are legally binding. Verbally or by telephone
Orders placed require subsequent written confirmation in order to be legally valid.
The same applies to verbal ancillary agreements and amendments to the contract.
2.order
Our orders, delivery schedules (order and acceptance) and delivery schedules (call-offs) are always made in writing. The written form shall also be complied with by remote data transmission or fax. Verbal orders shall only be binding on us if we confirm them in writing. Subsequent changes or additions to an order shall only be effective if they are made in writing. The supplier is obliged to accept all parts of our order within a period of 2 days by confirming the order.
3. delivery of the goods/delivery dates/delivery schedule
The delivery dates specified by AUDIO MOBIL are binding and arrival dates at the destination. If a calendar week is agreed as the delivery date, the last date shall be the Friday of that week.
For delivery schedules, the production and material release period begins with the creation date of the delivery schedule.
Scheduling agreement schedule line and applies, unless a new scheduling agreement schedule line is available, on a daily basis for the specified period.
The additional quantities stated are forecast figures for information purposes only.
Decisive for compliance with the delivery date or the delivery period is the receipt of the goods at the factory. If delivery "free domicile" has not been agreed, the supplier must make the goods available in good time, taking into account the usual time for loading and dispatch.
AUDIO MOBIL reserves the right to set a grace period or to withdraw from the contract immediately or to claim damages for non-performance if the agreed delivery date is exceeded or if the delivery deadline is not met.
In principle, deliveries may only be made in accordance with agreed specifications and precise technical testing arrangements.
In the event of early delivery, AUDIO MOBIL reserves the right to delay payment until the agreed delivery date.
due date.
Excess or short deliveries will only be accepted subject to a maximum of 3% of the quantity ordered.
If you recognize that an agreed deadline cannot be met for any reason, you must inform AUDIO MOBIL immediately, stating the reasons and the expected duration of the delay. You shall take all measures to achieve 100% delivery reliability.
AUDIO MOBIL shall only accept partial deliveries by express agreement. In the case of agreed
For partial shipments, the remaining quantity must be listed.
The supplier is required to enclose a delivery bill with a precisely defined list of contents with all consignments, whereby this data must match the invoice.
AUDIO MOBIL is authorized to refuse acceptance of the delivery if the shipping documents are missing or incomplete.
Any damage caused by improper packaging shall be borne by the supplier.
4. prices/payment conditions
The agreed price is binding and applies "free domicile", unless otherwise agreed in writing between the parties. Packaging costs are included in the price. The price is exclusive of the applicable value added tax. A price increase after delivery of the goods is excluded in any case.
If the goods are delivered after receipt of the invoice, the date of delivery of the goods shall be decisive for the start of the payment period.
We shall be entitled to rights of set-off and retention to the extent permitted by law. Payment of the invoice shall not be deemed as approval of the delivery or waiver of complaints.
5. warranty
AUDIO MOBIL undertakes to inspect the goods for quality and quantity deviations within a reasonable period of time after receipt of the delivery by the supplier, whereby only an inspection for obvious packaging damage shall be carried out upon receipt of the goods. A notification of obvious defects shall be deemed to have been made in good time if it is sent by us within three working days of receipt of the goods and is subsequently received by the supplier. Defects which are only discovered during handling or processing shall entitle AUDIO MOBIL to invoice the damage incurred as well as any penalties. The notification of hidden defects shall be deemed timely if we send it within 3 working days of discovery and the supplier subsequently receives it. AUDIO MOBIL shall be entitled to the statutory claims for defects against the supplier and the supplier shall be liable to us to the statutory extent.
In the event of deliveries of defective products, AUDIO MOBIL shall be entitled to demand that the defective goods be replaced with goods free of defects. If the supplier does not have a shipping order for the defective goods, we are entitled to return the goods at the supplier's expense and risk. In the event of a delay in risk or in the event of great urgency, we are authorized to remedy the defect ourselves or have it remedied by third parties at the supplier's expense, even if the reworking costs are higher than reworking by the supplier. We are also authorized to return the entire delivery or the defective parts.
We shall be entitled to the statutory claims for defects against the supplier and the supplier shall be liable to us to the statutory extent.
The warranty period is 24 months, calculated from the transfer of risk. In the case of a contractually agreed guarantee, the statutory warranty period remains unaffected.
In the event of a replacement delivery or rectification of defects, the warranty obligation shall begin anew in this respect.
Upon request, our contractual partners undertake to inform us of their respective upstream suppliers for a period of 20 years from the last delivery with reference to the products supplied by them.
6 Retention of title/secrecy
Drawings, drafts, samples, manufacturing instructions, internal company data, tools, equipment, etc., which AUDIO MOBIL has provided to the contractor for the submission of an offer or for the execution of 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 care.
Before deliveries of new series parts, initial samples from series production must be submitted in advance with the corresponding initial sample test report. AUDIO MOBIL will only issue approval and thus authorization for series production after thorough testing.
Changes to the product or the manufacturing process after written approval are only permitted with prior consultation and written consent from AUDIO MOBIL.
The same applies to the initial commissioning of a tool after design changes or tool overhauls.
Upon termination of the cooperation, for whatever reason, the supplier undertakes to return all confidential information to AUDIO MOBIL or to destroy it and to delete all electronically stored data.
7. data protection
The Contractor declares its revocable consent to the personal data provided being
data are processed in accordance with the statutory provisions.
8. place of jurisdiction/place of performance/applicable law
The place of performance for deliveries and services is the destination specified by AUDIO MOBIL. The existing contractual relationships between the supplier and AUDIO MOBIL shall be governed exclusively by Austrian law, excluding the reference norms of international private law and excluding the UN Convention on Contracts for the International Sale of Goods. Private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless expressly agreed otherwise in writing.
The place of jurisdiction for all potential disputes shall be exclusively the competent court of the city of Ried im Innkreis.
The contractual language is German. If the contracting parties also use another language, the German wording shall take precedence.
