General conditions of purchasing
- Offer and Conclusion of Contract
- Offers must be submitted free of charge and without any obligation on our part.
- Our orders are based exclusively on our Terms and Conditions of Purchase. Conflicting or deviating terms and conditions of the contractor/Supplier only apply if they are expressly acknowledged by us in writing. Acceptance of deliveries is not an acknowledgement of delivery conditions of the contractor/Supplier.
- Our orders must be confirmed by the Supplier with a legally binding signature within one week at the latest, otherwise we are no longer bound to the order.
- Verbal agreements and amendments to contracts require our written confirmation.
- Prices and payment terms
- Unless otherwise expressly agreed, the prices apply free of charge to the receiving office, including packaging. Return of the packaging is only possible by special agreement. Furthermore, our “Additional Conditions for Transport, Repackaging and Sales Packaging” apply.
- Payment is made, unless otherwise agreed: 30 days minus 3% discount or 60 days net. The periods begin from the presentation of the invoice or receipt of the invoice by us, provided that the goods have been delivered.
- Delivery dates
The agreed delivery dates must be strictly adhered to. As soon as the Supplier becomes aware of circumstances that may result in a delay, this must be communicated immediately. Acceptance of late deliveries does not constitute a waiver of our claims for compensation. - Shipping and risk transfer
The Supplier shall bear the responsibility for proper dispatch and the risk until arrival at our factory or the receiving point designated by us. - Warranty, liability for defects
The Supplier is responsible for ensuring that the delivery item complies with the statutory and contractual quality requirements, as well as the generally accepted rules of technology. The applicable requirements of safety technology, accident prevention, environmental and occupational health and safety regulations must be complied with. Acceptance of deliveries, services, samples and specimens shall not affect the Supplier’s liability for defects. The Supplier shall indemnify us upon first request against claims arising from manufacturer’s liability and the Product Liability Act if the cause of the defect lies in the area of responsibility of the Supplier or its supplier. Unless otherwise agreed, the warranty period is 24 months after commissioning or use of the delivery. In the event of defects, we may, at our discretion, demand rectification or new delivery at the expense of the Supplier. In the event of delayed rectification of defects by the Supplier or other failure of the rectification, we are entitled, among other things, to obtain replacement at the expense of the Supplier. The Supplier must take out adequate liability insurance at its own expense for damage arising from its area of responsibility. The amount of the coverage amount per damage event must be proven to us on request. - Completion and resources
- Forms, models, tools, drawings, calculations, data carriers, etc., which have been produced by the Supplier for the execution of the order, shall become our property by payment of the agreed remuneration, even if they remain in the possession of the Supplier. The tools/moulds are freely available to Wicke at any time. The tools/moulds may only be used for the production Wicke and Wicke CZ. During the time the tools/moulds remain on the Supplier’s premises, the Supplier shall be liable for all damage to the tools/moulds. The Supplier shall be responsible for proper care and maintenance and shall ensure a production-ready condition at all times. The tools/moulds must be insured by the Supplier at the replacement price. Upon request, these items, including the documentation, are to be handed over to us free of charge.
- Our production documents and resources provided to the Supplier, as well as the documents prepared by the supplier according to our information for them, are only entrusted to the Supplier for the execution of our orders. They must be returned after termination of the contract. Our drawing documents are subject to copyright protection in accordance with ISO 16016; without our prior consent, these documents may not be reproduced or made accessible to third parties. They may not be misused by the recipient or third parties in any other way. If documents or resources are used for other orders or are passed on unjustifiably, the culpable Supplier must pay us a contractual penalty in the amount of the selling price of the objects produced with them. The Supplier is obliged to pass on this commitment to the subcontractors engaged by them.
- Intellectual property rights and other rights of third parties
The Supplier is obliged to indemnify us against claims that may arise from the infringement of intellectual property rights and other rights of third parties with regard to the delivery. - Place of performance and jurisdiction
- The place of performance is the place of our registered office.
- The place of jurisdiction for all disputes in connection with this contract is the court responsible for our registered office. However, we can also, at our discretion, sue at the Supplier’s registered office.
- General provisions
The entire legal relationship between us and the Supplier is governed exclusively by German law. Should a provision in these terms and conditions or in supplementary agreements be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the legally effective provision that comes closest to the purpose pursued shall apply.