Purchasing Conditions

Purchasing Conditions and Contract Terms for the Stadtwerke Bonn Group

(unless otherwise agreed)

• 1. Orders/Collateral Agreements
Orders/collateral agreements must be in writing to take effect.
Any oral collateral agreements are not valid unless confirmed by us in writing.
The quotation and order number must always be stated in all correspondence.

• 2. Order Confirmation
All order must be confirmed in writing within 14 days and acknowledge these Purchasing Conditions and Contract Terms. If confirmation of the order is not received within 14 days, then the order shall be understood as accepted and these terms and conditions as agreed to.
Any terms and conditions of delivery of the supplier enclosed with the offer or order confirmation shall only be binding if they have been explicitly confirmed in writing by Stadtwerke Bonn.

• 3. Standards/Regulations
The execution of the order shall be subject to the applicable accident prevention regulations, generally accepted technical and safety regulations, and the generally accepted industrial health and safety regulations. Hazardous materials should be labelled in accordance with the statutory regulations. The aforementioned obligations constitute components of the contract.

• 4. Delivery/Invoicing
The delivery locations and dispatch address must be stated in the order. All deliveries – including partial deliveries – shall be supplied with a delivery note (if necessary also a weight note), which must state our order number. This also applies for all invoices. It is absolutely necessary that the specified DELIVERY and INVOICE ADDRESSES are correct, if not, a new invoice must be issued. The invoice payment period shall commence upon receipt of a proper, verifiable invoice.

• 5. Delivery Dates
The stated delivery dates are fixed dates. The postponement of delivery dates is only permitted with the express written approval of the customer.

• 6. Transferability
The customer fundamentally reserves the right to set off trade receivables against any receivables of their own.

• 7. Place of Performance
The place of performance for contracts concluded on the basis of the German Construction Contract Procedures (VOB) is the place where the construction is agreed, in all other cases the place of performance shall be Bonn.

• 8. Legal Venue
The legal venue is Bonn.

• 9. Visits
Visits to the Purchasing department may only occur by appointment.
Please note: In accordance with the German Electrical and Electronic Equipment Act (Elektro- und Elektronikgerätegesetz – ElektroG), after 13 August 2005, manufacturers are obligated to take back marketed equipment free of charge at the end of the usage period and dispose of it themselves in accordance with the applicable regulations, or designate an authorized waste disposal company that will implement the disposal free of charge.
The disposal process shall be documented for the owner.
The time that the equipment is returned shall be determined by the owner of the equipment.
 
(Date: February 2009)

• Please note that the German version of these Purchasing Conditions and Contract Terms is the original version and shall be used in any dispute. The translated English version merely serves as a matter of convenience.