(1) These General Terms and Conditions of Purchase (GTCP) shall apply to all business relations with our business partners and suppliers („Seller“). The GTCP shall only apply if the Seller is an entrepreneur (§ 14 BGB – German Civil Code), a legal entity under public law, or a special fund under public law.
(2) The GTCP shall apply in particular to contracts for the sale and/or delivery of movable goods („Goods“), irrespective of whether the Seller manufactures the Goods itself or purchases them from suppliers (§§ 433, 651 BGB). Unless otherwise agreed, the GTCP in the version valid at the time of the Buyer’s order or, in any case, in the version last notified to the Buyer in text form shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.
(3) These GTCP shall apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Seller shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example, even if we accept the Seller’s deliveries without reservation in the knowledge of the Seller’s General Terms and Conditions.
(4) Individual agreements made with the Seller in individual cases (including collateral agreements, supplements, and amendments) shall in any case take precedence over these GTCP. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.
(5) Legally relevant declarations and notifications to be made by the Seller to us after conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must be made in text form to be effective.
(6) References to the applicability of statutory provisions shall be for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTCP.