YOUR ROOF PRODUCTS PROFESSIONAL SERVICE ABOUT CREATON CONTACT Home AEB GENERAL CONDITIONS OF PURCHASE 1. Applicability (1) These General Terms and Conditions of Purchase are part of all our inquiries and orders as well as the contracts concluded on this basis with the respective contractor. They apply not only to the purchase of goods, but also to contracts of other types, in particular contracts for work, work and service. (2) These general terms and conditions of purchase exclude general terms and conditions of business, delivery and / or sales of the contractor. In their current version, they also apply to all future business with the contractor. (3) Deviating conditions of the contractor are only binding for us if we have expressly confirmed them in writing beforehand. Our general terms and conditions of purchase also apply if we unconditionally accept the services of the contractor or the goods delivered while being aware of conflicting and / or deviating general terms and conditions of business, delivery or sales. (4) If special agreements are made between the contractor and us in individual cases, these take precedence over the general terms and conditions of purchase. In this case, the General Terms and Conditions of Purchase apply in addition, in particular with regard to the information on hazardous substances and compliance requirements. 2. Offer, order, order confirmation, cost estimates (1) Offers to us must be made in writing and free of charge for us. (2) Only written orders are legally binding. Oral agreements require written confirmation. A contract that is binding on us is only concluded if our order is confirmed in writing by the contractor under our conditions within one week. (3) A belated acceptance or an acceptance with extensions, restrictions or other changes counts as a rejection combined with a new application. (4) The formal requirement of being in writing is sufficient for both the order and the order confirmation, unless otherwise agreed or requested. (5) All conditions, standards and / or specifications and other documents that are listed in the order are an integral part of the order. (6) We will only reimburse cost estimates with prior written agreement. 3. Obligation to inspect and advise the supplier, information obligation (1) The contractor is obliged to inform himself about the intended use of the items to be delivered by him or the services to be provided by him, including seasonal and / or other fluctuations the conditions of use and use must be taken into account. (2) Machine elements and parts are to be designed and arranged in such a way that they can be serviced, inspected and replaced promptly and professionally, if possible without having to dismantle the machine parts beforehand. (3) As an independent obligation, the contractor assumes our advice on the selection and specifications of the items to be delivered, in particular the obligation to point out concerns about the suitability of the items selected by us or our specifications for the intended purpose. The contractor will notify us immediately in writing if he has concerns about the way we want to carry out the delivery or service or if he sees himself hindered in the execution of his delivery or service. The contractor hands over the specifications to us. 4. Prices - Supplements (1) The prices are fixed prices and include everything that the contractor has to do to fulfill his delivery and service obligations at the agreed place of performance. The prices include the applicable sales tax, all other taxes and duties (DDP according to Incoterms 2010), freight and packaging. (2) Price changes are deemed to be changes to our order and require our prior written consent. 5. Invoicing and payment (1) Each invoice, including a partial invoice, must meet the legal requirements; in particular, the sales tax must be shown individually. Our order numbers and our other order data must be listed. The invoice must be sent to the specified invoice address (2) Payments are due for payment within 60 calendar days of complete delivery or service and receipt of the proper invoice. If we pay within 14 days of complete delivery or service and proper invoicing, the contractor grants us a 3% discount on the gross amount of the invoice. In the case of agreed partial services or deliveries with partial invoices, the above regulation applies accordingly. Reminders must be made in writing. (3) Payment does not mean that the delivery or the service rendered is free of defects and / or complete. 6. Delivery time The agreed delivery time or the agreed execution time is binding on the contractor. 7. Default (1) In the event of default, the statutory regulations apply - unless otherwise agreed. (2) Irrespective of the regulations on the obligation to notify in connection with force majeure (Section 8), the contractor must inform us immediately before the occurrence of any delays, stating the expected duration of the delivery or service excess. 8. Force majeure (1) In the event of production interruptions due to unavoidable events (force majeure, e.g. labor disputes), the contractor must inform us immediately how long the delay is likely to last and when he can fulfill the order. (2) In addition, the time of delivery and payment is extended in accordance with the duration of the delay in the event of any obstacles to acceptance that are not at fault. We are then entitled to request an appropriate postponement of the delivery date. Should we not independently request a postponement, the contractor can set us a reasonable deadline in writing for acceptance and withdraw after this period has expired. If the impediment to acceptance lasts longer than 3 months, each contractual partner is entitled to withdraw from the contract. In none of these cases is the contractor entitled to any claims based on a non-culpable impediment to acceptance. 9. Delivery and dispatch (1) Deliveries are to be made to the receiving point specified by us, which is then also the place of performance for the delivery (obligation to deliver). (2) Partial deliveries or services are only permitted if we have agreed to them in advance in writing. (3) When shipping, the relevant tariff, transport and packaging provisions for the respective means of transport by road, rail, ship and air must be observed. (4) In addition to the shipping address, the order details (order number, order date, delivery point, if applicable the name of the recipient and the material designation and number and the quantities given or communicated by us) must always be given in the transport documents. If sub-suppliers may be used with prior consent, they must indicate the contractor as their client in correspondence and shipping documents, stating the order data. (5) The contractor is only entitled to partial deliveries / services with our express consent. Partial deliveries are to be noted in the transport documents so that it can be seen which partial deliveries have been made and which are still outstanding by when. 10. Information on hazardous substances - REACH - (1) The contractor guarantees that he will comply with the requirements of the EU chemicals regulation REACH (Regulation (EC) No. 1907/2006 of December 30, 2006) in the currently valid version - hereinafter referred to as the REACH regulation - in particular the registration of Substances is done. (2) We are not obliged to obtain approval for a delivery item delivered by the contractor within the framework of the REACH regulation. (3) It is further assured that no delivery items will be delivered containing the substances in accordance with • Annexes 1 to 9 of the REACH regulation in the currently applicable version; • Council Decision 2006/507 / EC - Stockholm Convention on Persistent Organic Pollutants - as amended; • the EC regulation 1005/2009 on substances that deplete the ozone layer in the currently valid version • the Global Automotive Declarable Substance List (GADSL) in the current version (at www.gadsl.org) _ RoHS (2002/95 / EC) for Contain products according to their area of application. • EU regulation 765/2008 CE standards must be observed. If the delivery items contain substances that are listed on the so-called "Candidate List of Substances of Very High Concern" ("SVHC list") according to REACH, the contractor is obliged to notify this immediately. This also applies if substances that have not yet been listed are included in this list for ongoing deliveries. (4) In addition, the delivery items must not contain any asbestos, biocides or radioactive material. If these substances are contained in the delivery items, we must be informed of this in writing prior to delivery, stating the substance and the identification number (e.g. CAS) and a current safety data sheet for the delivery item (5) The delivery of these delivery items requires a separate approval by us (6 ) The contractor is obliged to indemnify us from any liability in connection with the contractor's failure to comply with the above-mentioned regulations or to compensate us for damage that results from the contractor's failure to comply with the regulations or is related to it. 11. Notification of defects, warranty (1) Our rights in the event of material and legal defects and other culpable breaches of duty by the contractor are determined by the statutory provisions, unless otherwise specified. (2) According to the statutory provisions, the contractor is particularly liable for ensuring that the goods delivered or the service provided are of the agreed quality and that the service provided fully corresponds to the contractually owed scope. In particular, those product or service descriptions that are the subject of the respective order - particularly by designation or reference in the order - apply as an agreement on the quality. (3) The quality relates in particular to the function, the working speed and precision, contractually stipulated sources of supply, recipes, specifications or production methods, depth of detail in the elaboration and other requirements for the services to be provided. The contractor is obliged to inform us of planned changes in good time so that we have the opportunity to check the suitability of the changed goods or services and, in the event of unsuitability, can order sufficient stocks of the contractually specified goods until other sources of supply are developed to be able to continue our operations. This applies in particular to suppliers of raw materials and supplies. (4) Machines are to be offered in the latest version and must correspond to the latest findings and the current state of the art in the field of mechanical engineering and be constructed using standardized machine parts in accordance with DIN / EN. All machines, apparatus and devices offered must comply with the statutory provisions, in particular the protection provisions of the Equipment Safety Act, the DIN, EN and VDE provisions as well as the regulations of the employers' liability insurance association, in particular the accident prevention regulations. (5) The contractor guarantees the complete conformity of the goods sold with the samples and samples supplied by him. (6) Our obligation to inspect according to Section 377 of the German Commercial Code is limited to defects that are clearly recognizable during our incoming goods inspection, including the delivery papers, and during quality control by us using random sampling (e.g. transport damage, incorrect and short deliveries). We will examine the delivery after it has been received, insofar as this is customary in the ordinary course of business and in terms of type and purpose. (7) In the case of work services or work deliveries, if acceptance has been agreed, there is no obligation to inspect. (8) The obligation to notify defects discovered later remains unaffected. In all cases, the complaint by us is deemed to be prompt and timely if it is received by the contractor within 10 calendar days of the defect being recognized. (9) The contractor guarantees the contractual quality of the goods for a period of 24 months after commissioning by the end customer, but no later than 36 months after delivery of the goods to us. (10) If we request supplementary performance, the contractor will fulfill this claim immediately. (11) In urgent cases, if operational safety is endangered, to avert disproportionately large damage or if the contractor does not meet the claims for defects, we can take the necessary measures ourselves at the contractor's expense and without prejudice to his obligations and the necessary expenses from Request replacement from the contractor (self-performance); With the exception of cases that cannot be postponed, the contractor will be notified before the measures are carried out. In such cases, we will observe the obligation to minimize damage (obligation to minimize damage). (12) In the case of subsequent delivery as well as withdrawal, we can set the contractor a reasonable deadline to collect the defective goods. After the deadline, we can dispose of the goods at the cost of the contractor while safeguarding the economic interests of the contractor, e.g. by private sale and return the amount received to the supplier (step by step against purchase price reimbursement or subsequent delivery) 12. Transfer of risk The transfer of risk takes place when the complete delivery arrives at the receiving point specified by us, when the service has been completed or at the time of acceptance. This also applies mutatis mutandis to previously agreed partial deliveries or services. In the case of partial deliveries or services that have not been agreed, the transfer of risk does not take place until the remainder of the delivery or service has arrived, if we accept the partial delivery or service and are not entitled to reject it. 13. Insurance The contractor must maintain liability insurance cover with conditions customary in the industry, minimum coverage of EURO 2 million per damaging event, for the duration of the contractual relationship including guarantee and limitation period. The contractor must prove this to us on request; lower coverage amounts are to be agreed with us on a case-by-case basis. 14. Retention of title and provision (1) The transfer of ownership must take place with the delivery of the goods to us unconditionally and regardless of the payment of the price. However, if we accept an offer of transfer of ownership by the customer due to the payment of the purchase price in individual cases, the customer's retention of title expires at the latest with the payment of the purchase price for the goods delivered. (2) Extended or expanded reservations of title by the client are excluded. (3) If we deliver products to the contractor, we reserve title to them. The contractor will process, mix or combine these provided items for us. There is agreement that we shall become co-owners of the products manufactured using the provided items in the ratio of the value of the provided items to the value of the entire product. These are carefully kept for us by the client until the time they are handed over to us. 15. Limitation (1) The limitation period for warranty and other claims against the contractor is two years after our acceptance. (2) The provisions of the BGB and HGB apply alternatively. 16. Product information - customer service - maintenance - spare parts (1) All information including drawings and other documents that we need for the installation, operation, maintenance or repair of the delivery item must be made available to us by the contractor in good time, unsolicited and free of charge place. Section 434 (2) BGB remains unaffected. (2) Products are to be manufactured in such a way that customer service for the maintenance and repair of systems can take place as quickly and inexpensively as possible. The contractor bears verifiable additional costs that are avoidable due to the design. (3) The contractor is obliged to deliver items that become part of our products as spare parts at reasonable market prices for at least 12 years after the production of our product in question has been discontinued. 17. Waste disposal Insofar as waste arises during delivery within the meaning of the Waste Management Act or the Recycling Management Act, the contractor will recycle or dispose of it at his own expense and responsibility. 18. Assignment and transfer of contract execution to third parties / subcontractors The assignment of rights and / or obligations by the contractor and in particular the involvement of subcontractors requires our prior written consent. The contractor must impose all obligations on the subcontractors with regard to the tasks he has taken on and ensure compliance with them, which the contractor is responsible for towards us, in particular the compliance regulations. 19. Right of retention and set-off (1) The contractor's right of retention due to any claims is excluded, unless the right of retention is based on the same contractual relationship. (2) A set-off of the contractor's claims against us is only permissible insofar as this is set off against a claim that is undisputed. ie it has been recognized in writing or has been legally established. 20. Samples, data, drawings We retain our property rights and copyrights to the data, drawings, samples, etc. provided to the contractor. These documents are to be kept secret from third parties and may only be used by the contractor for the purpose of fulfilling the contract that may be concluded or concluded with us. The contractor must ensure confidentiality in relation to the third party in their contract and inform us beforehand. 21. Copyrights, industrial property rights (1) We acquire at least the temporally and geographically unlimited, non-exclusive and non-transferable copyright exploitation and usage right for services specially manufactured or developed for us within the scope of our order, with compensation for the agreed and owed remuneration. (2) The contractor is responsible for ensuring that his delivered goods or the contractually owed service does not violate the (protective) rights of third parties. If claims are made against us by third parties due to an alleged violation of (protective) rights, the contractor undertakes to exempt us from these third party claims upon first request. If the contractor has not given an exemption after a reasonable period has expired, we are entitled to make agreements with the third party, in particular to conclude a settlement and, at the contractor's expense and expense, to consent to the contractually agreed use of the delivery items in question and / or Obtaining services from third parties. 22. Data protection (1) The contractor agrees that we can store the data of the contractor required in the context of the business relationship and the contracts concluded with him via EDP and only use it for our own purposes within our affiliated companies. Further agreements on data protection are regulated in separate agreements if necessary. (2) The contractor declares that the relevant provisions of the Federal Data Protection Act (BDSG) are known and that he has made himself familiar with the resulting special requirements for data security and data protection in the context of the business relationship 23. Confidentiality The contractor is obliged to treat all information received in the course of the business relationship with us, including our orders and the information about the material provided by us, with strict confidentiality and not to disclose or make accessible to third parties without our written consent. The contractor will only pass on confidential information to its own employees if and to the extent that this is necessary for the performance of their tasks within the framework of the business relationship with us. The confidentiality obligation continues to apply even after the business relationship with us has ended. Further agreements on confidentiality are regulated in separate agreements if necessary. 24. Promotional Materials - Use of References It is only permitted with our prior express, written consent to refer to the business relationship with us in information and / or advertising material. 25. Producer and product liability (1) The contractor is required to comply with the recognized rules of technology (in particular DIN standards, VDE provisions, VDI guidelines, DVGW rules) and the statutory provisions on product safety (in particular the Product Safety Act) in the respective current version. (2) In the event that claims are made against us due to product liability, the contractor is obliged to indemnify us from such claims if the damage was caused by a defect in the goods it delivered. In cases of fault-based liability, however, this only applies if the contractor is at fault. If the cause of the damage is the responsibility of the contractor, he must prove that he is not at fault. (3) As part of its indemnification obligation, the contractor shall assume all costs and expenses that arise from or in connection with claims made by third parties, including product recalls carried out by us. Before a recall campaign, we will inform the contractor, enable him to cooperate sufficiently and talk to him about efficient implementation; this is not necessary if the information or involvement of the contractor is not possible due to particular urgency. (4) The contractor is also liable for damage caused by appropriate precautionary measures to protect against claims arising from non-contractual liability that are largely attributable to the contractor (e.g. public advertising measures). (5) Further legal claims remain unaffected. (6) During the contractual relationship, the contractor must always maintain adequate product liability insurance at his own expense. Upon request, the contractor must provide evidence of the conclusion and existence of product liability insurance. 26. Place of performance The place of performance for deliveries and services is the delivery address given on the order, otherwise our place of business. Our registered office is the place of performance for payments. 27. Written form Any changes or additions to contracts in accordance with these terms and conditions of purchase are only effective if they are agreed in writing. This also applies to changes to this written form requirement. 28. Place of jurisdiction The place of jurisdiction is exclusively the seat of our company if the contractor is a businessman. However, we are also entitled to sue at the court that is competent at the contractor's registered office. 29. Applicable law The law of the Federal Republic of Germany applies to all legal relationships between the contractor and us, excluding the reference norms of international private law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 30. Occupational safety and ETEX requirements (1) The contractor recognizes our safety standards as binding and undertakes to strictly adhere to them. He assures that he has familiarized himself with the current version of the respective regulations before delivery or execution of the contractually owed service. The current version of these can be viewed on our homepage (###). (2) In addition, the contractor ensures that he familiarizes himself with the current status of the relevant safety regulations and rules of conduct before starting work and that any third-party contractors deployed will be informed about this. 31. Compliance 31.1 Contents a) Minimum wage, illegal employment, agency work The contractor is obliged to comply fully with all legal requirements to pay minimum wage and the prevention of illegal employment, exclusion of child labor, illegal temporary employment or disguised employment of any kind. B) Occupational Safety In addition to ETEX- specifications regarding work safety, the contractor is obliged all the national and to comply with international legal requirements on working hours and occupational safety of all employees and the requirements of the employers' liability insurance association for accident prevention and to find out about the regulations that apply to us independently when working in our company and to adhere to our requirements when working with us. c) Anti-Corruption Laws In addition, the contractor is obliged to comply with all anti-corruption laws applicable to the legal relationship between the contractor and us. This also applies to his contracts with third parties that are related to transactions that concern deliveries to us. d) Health protection and environmental protection The contractor ensures that his products comply with the applicable laws in the respective country of manufacture and country of use before processing by us. Product safety must be guaranteed. Any subcontractors approved by us must strictly adhere to all compliance regulations and the contractor is responsible for monitoring this. 31.2 Every violation in connection with these compliance requirements - in particular a violation of the corruption regulations - constitutes a breach of contract which, irrespective of all further claims - in particular damages - gives us the right to extraordinary termination. 31.3 In the event that the contractor violates one of the aforementioned obligations, the contractor shall bear all costs, third-party claims (in particular direct or indirect claims for damages) and other disadvantages (e.g. fines) to us and the affiliated companies as well as their customers to exempt the violation of the above provision. This does not apply if the contractor is not responsible for this breach of duty. Furthermore, we are entitled at any time to cancel the corresponding order immediately and to refuse to accept the corresponding delivery without incurring any costs. Any existing claims for damages remain unaffected. 32. Severability Clause The ineffectiveness of a regulation in these General Terms and Conditions of Purchase does not affect the validity of the remaining provisions. Should a regulation prove to be ineffective or unenforceable, it will be replaced by a new effective regulation that comes as close as possible to the legal and economic success of the ineffective or unenforceable regulation CREATON GmbH Dillinger Str. 60 D - 86637 Wertingen Tel: +49 82 72/86 - 0 Fax: +49 82 72/86 - 500 E-Mail: info@creaton.de Roof tiles Roof tiles System accessories Roof advisor FOLLOW US ON: © 2021 CREATON GmbH Imprint Terms and Conditions AEB Privacy Policy Disclaimer