{"id":476,"date":"2020-07-06T08:31:25","date_gmt":"2020-07-06T06:31:25","guid":{"rendered":"https:\/\/aqotec.com\/gcp\/"},"modified":"2020-07-06T08:37:27","modified_gmt":"2020-07-06T06:37:27","slug":"gcp","status":"publish","type":"page","link":"https:\/\/aqotec.com\/en\/gcp\/","title":{"rendered":"GCP"},"content":{"rendered":"\n

GENERAL CONDITIONS OF PURCHASE (GCP) aqotec GmbH<\/h2>\n\n

1. order placement<\/strong> \nOral agreements and amendments are only valid if they are made by \naqotec in writing. Complete or partial transfer \n of the aqotec order to third parties requires an explicit prior \nApproval from aqotec. Delivery conditions of the supplier obligate \naqotec only if they are acknowledged by aqotec in writing. On \nUpon request of aqotec these deliveries and\/or services are \nwithin a reasonable period of time, failing which \nat the expense of the supplier of aqotec. aqotec shall be entitled to \nentitled to make changes to quantities and dates of placed orders under \ntake into account the agreed response time. Offers \nare binding for the supplier until the acceptance of the order by \nan aqotec order. Documents that were created by machine are \nalso valid without signature.<\/p>\n\n

\n 2. order confirmation<\/strong> \nOrders are to be placed immediately on the aqotec order form, with price- \nand delivery time information. aqotec reserves the right to change \nrevocation of the placed order. If the proper \nOrder confirmation not received by aqotec within 3 working days \nhas been received, the order\/service shall be deemed confirmed. aqotec \nis bound to deviating conditions, e.g. prices, dates or \nproduction data etc. shall only be bound if they have been expressly approved by aqotec \n have been confirmed in writing. Performed deliveries or services \nshall in any case be deemed to be an unconditional acceptance of \naqotec terms and conditions, even if none or a deviating \nOrder confirmation \nis present.<\/p>\n\n

3. Prices<\/strong><\/p>\n\n

The agreed prices are fixed prices and are to be understood \nincluding the packaging necessary for transport, all \nService charges and various surcharges. Delivery and dispatch are free of all expenses.<\/p>\n\n

\n4. delivery time<\/strong> \nAll orders placed by aqotec shall be deemed to be a firm deal in the sense of \nof \u00a7 376 UGB, whereby the goods are delivered on the day of delivery at the \nmust have been received by the receiving agency. \nAll delivery dates of aqotec are understood to be incoming delivery address. \nShould the agreed delivery time, for whatever reason, not be met, the \ncan be complied with, aqotec must be able to prove without delay \nbe informed thereof in writing. In the case of advance deliveries, the \nreturned at the expense and risk of the supplier or the payment of the \non the agreed delivery date, from which the agreed payment date \ncan be moved. If partial deliveries are expressly \nexcluded, the period of payment for all partial deliveries shall begin \nonly with the complete delivery of the order. In the case of orders placed by the \naqotec shall be entitled to cancel the contract if the supplier is responsible for a too high delivery frequency, \nto charge the supplier with the additional costs. \nShould aqotec, despite exceeding the deadline, decide to accept the goods \nand specific measures are required, are \nall costs for this (e.g.: air freight, express freight etc.) are to be paid by the supplier \nwear.<\/p>\n\n

\n5. delivery\/delayed delivery<\/strong> \nAll shipments are accompanied by a delivery note with a precise summary \nto be attached. Deliveries may only be made in accordance with the written \nspecifications and test arrangements are carried out. Additional costs for \naccelerated transport shall, without exception, be charged in the event of delay in delivery \nof the supplier. In case of missing or incomplete shipping documents, the supplier \n aqotec reserves the right to refuse acceptance of the delivery. \nAll damages caused by improper packaging shall be borne by the customer. \nof the supplier. If the supplier suspends payments or delivery \nor if bankruptcy proceedings are instituted against its assets or a judicial \n or out-of-court settlement proceedings are requested, aqotec \nis entitled to withdraw from the contract for the unfulfilled part. At \n Delivery of dangerous goods must comply with the existing \nofficial regulations, in particular the requirements for the execution of the \nand labelling of the packaging must be observed. aqotec is \nentitled, in the event that the agreed delivery date is exceeded from \nOrder in whole or in part without setting a grace period \nwithout prejudice to aqotec’s claims for damages. \nExcess or short quantities shall not be accepted by aqotec. \nReceipts of receipt of the aqotec goods acceptance shall not be deemed to be a declaration on the part of aqotec \naqotec about the final takeover of the delivered goods.<\/p>\n\n

\n6. bill<\/strong> \nThe invoice shall state all order data, in particular \nregarding order\/frame number, order text, article number, \ncountry of origin and sales tax regulations, to which \nbilling address and must comply with the legal requirements \ncorrespond. Bills that do not correspond will not be paid. \n In these cases, invoices are considered not to be paid until they are received again. \nlaid. The term of payment shall begin upon receipt of the corresponding invoice. \n Cessions require the prior written consent of aqotec \nAgreement.<\/p>\n\n

\n7. payment, strong,<\/strong> \nThe period for payment of the invoice begins on the day of the \nthe proper receipt of goods or the service rendered and never \nbefore receipt of a proper invoice within the meaning of point 7. \nPayment will be made within 30 days after aqotec election less 3 \ndiscount or 90 days net. Until the settlement of any \naqotec shall be entitled to withhold the payment in its entirety. The \nOffsetting against counterclaims is permissible, in both cases the following applies \nthe cash discount claim exists. The payment does not constitute recognition \n the regularity of the delivery, nor a waiver of the right to \naqotec rights. Payment claims of the supplier from deliveries of goods or \n The provision of services is subject to a limitation period of one year after acceptance of the goods \nor completion of the work.<\/p>\n\n

\n8. warranty, product liability <\/strong> \nThe supplier warrants the use of the best quality materials and \nappropriate material, professional and according to drawing \nDesign, functional construction and perfect installation. The \nWarranty period is 36 months and begins with the acceptance of the \n purchased parts or with the first commissioning of the machines or \nTools. Any defects and damage incurred shall be borne by the customer at the expense of the \n Supplier’s free place of use. defects, \n which only become apparent after working or processing or during use \n are, aqotec is entitled to claim additionally the damage incurred as well as \nto offset any penalties. At goods receipt at aqotec \nonly a check for obvious \ndamage to the packaging and a comparison of the 7-digit \nArticle codes on the accompanying documents. (completeness of the delivery). \n\u00a7 Section 377 (1-3) UGB is hereby expressly excluded. \nIf defective goods have been delivered to aqotec, aqotec is entitled to choose at the expense and risk of the supplier: \na) to demand the exchange of the defective goods into goods free of defects. \nb) carry out the improvement of the defective goods himself or by \nthird parties, even if the cost price of such an operation is not \nreworking are higher than the reworking at the supplier’s site would result in. \nc) to return the entire delivery or defective parts, or to \ndefective parts at aqotec or third parties at the expense of the supplier \nto store. \nIf, within 3 days after the dispatch of the notice of defects by the \nSupplier does not provide a shipping instruction RMA (Return Material Authorization) for \nthe defective delivery arrives, aqotec shall be entitled to \nto the address of the supplier at the supplier’s expense and \nDanger.<\/p>\n\n

\nThe supplier has to inform aqotec of any patent rights arising from the delivery, \ncopyright and trademark disputes without damage and without complaint to \nand the unrestricted use of the delivered goods and the unrestricted \nguarantee. For a period of 20 years from the last delivery \nthe supplier undertakes, with regard to the goods delivered by him \nproducts, aqotec on request the respective manufacturer, importer or \nsupplier to be named without delay. \nThe supplier shall indemnify aqotec for all costs and damages, in particular \nthose which are Austrian, EU or foreign \nproduct liability regulations, or that aqotec is subject to by the \nagreement, deviating or defective deliveries arise, to \nor to indemnify and hold aqotec harmless. \nThe supplier expressly undertakes to conclude a contract for the \nInsurance with a sufficiently high liability sum, which \nin particular the coverage of all warranty and liability claims \nclaims for damages, which are based on the defectiveness of the \nproduct to be delivered, whereby in particular also serial damages \nmust be covered. The obligation of the supplier to pay compensation shall include \n also all complaint costs, as in the quality agreement \ndescribed in detail. \nUpon request of aqotec, the supplier has to provide the proof of insurance immediately. \nMachinery and equipment must be fitted with the prescribed safety devices \n be equipped and comply with the applicable safety regulations and \ncomply in particular with the provisions of employee protection law. \n In the case of the erection of electrical systems or the supply of \nelectro-technical products, the supplier undertakes to ensure that the \naqotec about dimensions, quality and design as well as all information \nto comply with electrotechnical safety regulations. In particular \n the Electrical Engineering Act 1965 in the currently valid version, and all \n regulations based on this (all regulations specified in the currently valid \nversion) as well as the respective valid \u00d6VE or applicable \nVDE regulations as well as the \u00d6-Norms and the rules of technology on \nnote. Also a longer lasting use of the defective item \nshall not be deemed to be their approval or a waiver of any statutory or \nclaims to which we are entitled under the conditions of purchase.<\/p>\n\n

\n9. drawings, tools, moulds <\/strong> \nDrawings and technical calculations are, where necessary, \nto be supplied free of charge by the supplier. The information provided by aqotec \ndrawings and auxiliary materials as well as tools, moulds and \nthe same, as far as they are used by aqotec for the execution of the \nremain the property of aqotec, may not be made available to third parties, and may not \n be made accessible and not used for advertising purposes. They are \n with delivery or cancellation of the order. tools, \nmoulds and the like, which are entirely or partly produced at aqotec costs \nshall become the property of aqotec upon manufacture. \nAccordingly, the tool must be transferred by the supplier as aqotec property \nbe marked. \nBefore the delivery of new series articles, serially produced \noutturn sample with measurement report. The same applies to \nFirst commissioning of a tool after a design change \nor tool overhaul. \nThe word ‘sample’ must appear on the delivery note and on the packaging \n appear. The actual series production will only be started by aqotec after \nApproval of outturn samples released. After written \nRelease are changes of the materials used and the \nmanufacturing process only with the written consent of aqotec. \nSuch tools, as well as the tools provided by aqotec, are to be provided by \nto store and maintain the goods carefully at the supplier’s expense \nor to renew. In case of production difficulties of the supplier, aqotec \n to demand the free provision of all tools, moulds and equipment \n to demand such a thing. A right of retention of the supplier is \n…at least, out of the question. Tools and moulds are at least 20 years after the last delivery of the product. Before \nScrapping is subject to written approval by aqotec.<\/p>\n\n

\n10. provision of material<\/strong> \nProvided material remains the property of aqotec, is to be treated as such \nlabel, store and manage separately. In the event of depreciation or \nLoss is to be compensated by the supplier. Provided material may \ncan only be used for aqotec orders. For machining and processing \nof this material, aqotec becomes the direct owner of the new or \nreworked thing. Settlement for the material provided is \nin the form announced by aqotec. Not required \nor unprocessed material is sent to aqotec carriage paid \n…to return. The supplier is obliged to notify aqotec of any defects of the \nimmediately and in writing.<\/p>\n\n

\n11. Environment, <\/strong> \nThe delivered goods must comply with Austrian, EU and \ninternational safety and environmental protection regulations and the \ncomply with the latest applicable legal provisions. The \nFurthermore, the supplier has to inform aqotec about the possibility of \nhazardous waste or waste oils in the goods supplied by him \nand in particular the nature and any possible \ndisposal options. In particular \nto send safety data sheets in electronic form. The \nThe supplier is obliged to store all packaging in accordance with the packaging ordinance \n 1996.<\/p>\n\n

\n12. Amendment and duration of the agreement <\/strong> \nAmendments and supplements to this agreement require the approval of the \nEffectiveness of the written form. Neither party may rely on any provision of the contract \n actual exercise, as long as the deviation is not \nis set out in writing. The agreement begins with the date of the last \nsignature and is concluded for an indefinite period. The \nagreement can be terminated by giving 3 months’ notice. \nbe terminated before the end of the year. Should this agreement not \nbe terminated within the prescribed period, it shall be automatically extended by \n12 months. aqotec shall have the right to terminate this contract on the basis \nfor good cause without observing a period of notice \nto be dissolved prematurely without further obligations. \nImportant reasons are in particular: \na) Acquisition or participation in the supplier by a direct or indirect competitor of aqotec \nb) Violations of the confidentiality agreement \nc) Violations of the quality management agreement \nd) Violation of the agreed delivery time<\/p>\n\n

\n13. severability clause<\/strong> \nShould individual provisions of this agreement be ineffective or \nsubsequently become ineffective, this shall not affect the effectiveness of the \n other provisions of this agreement. An ineffective or \nsubsequently become ineffective, both parties are obliged to inform the \nto replace by mutual agreement by such a provision which is in accordance with the \nthe economic purpose of the invalid or ineffective \ndetermination as close as possible.<\/p>\n\n

\n14. Place of performance and jurisdiction<\/strong> \nThese terms and conditions of purchase are subject to Austrian law under \nExclusion of the private and conflict of laws IPRG\/EV\u00dc and the \nUN Sales Convention, CISG). As exclusive place of jurisdiction for \n all disputes arising out of or in connection with these \nconditions of purchase or subsequent amendments thereto, or if the conditions of purchase \ntheir establishment, infringement, dissolution or invalidity \nthe competent court in Wels shall be agreed.<\/p>\n","protected":false},"excerpt":{"rendered":"

GENERAL CONDITIONS OF PURCHASE (GCP) aqotec GmbH 1. order placement Oral agreements and amendments are only valid if they are made by aqotec in writing. [\u2026]<\/span><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-476","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/pages\/476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/comments?post=476"}],"version-history":[{"count":0,"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/pages\/476\/revisions"}],"wp:attachment":[{"href":"https:\/\/aqotec.com\/en\/wp-json\/wp\/v2\/media?parent=476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}