Eisenwerk Brühl GmbH
Kölnstraße 262 - 266, 50321 Brühl
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info@eb-bruehl.de
Eisenwerk Brühl GmbH
Kölnstraße 262 - 266, 50321 Brühl
+49 - (0)2232 - 75-0
Head office
Kölnstraße 262 - 266, 50321 Brühl
Kölnstraße 262 - 266, 50321 Brühl
Head office
Unless otherwise agreed in writing or in text form, the following Terms and Conditions of Purchase shall apply exclusively to all purchases made by Eisenwerk Brühl GmbH. They shall also apply to future transactions, even if no express reference is made to them, but reference has already been made to these Terms and Conditions of Purchase in a previous order. If our order is confirmed in deviation from these Terms and Conditions of Purchase, these Terms and Conditions of Purchase shall also apply exclusively, even if we do not object.
For the purchase of cast iron scrap and foundry steel scrap, the “Standard Commercial Terms and Conditions for the Supply of Cast Iron Scrap and Foundry Steel Scrap” shall apply in addition. Items 3 and 4 are excluded; items 3.1 and 5.2 of these Terms and Conditions of Purchase apply here.
Any other terms and conditions of the supplier shall only apply if they are expressly recognized by us and confirmed in writing or in text form. The same shall also apply if we accept the ordered goods in whole or in part or make payments.
1. Orders
1.1 Our orders or changes to orders shall only be valid if they are made in writing or in text form.
1.2 If we do not receive proper written confirmation from the supplier or such confirmation in text form within 14 days – from receipt of the order or change to the order – we are entitled to revoke this without the supplier being able to derive any claims from this.
1.3 The supplier may only place subcontracts with third parties with our consent.
2. Delivery time and Delay in delivery
2.1 We agree an overall delivery date or partial deliveries on specific delivery dates with our supplier. Deliveries must therefore be made on the agreed delivery date or according to our delivery schedule. The receipt of the goods by us shall be decisive for compliance with the overall delivery date or the individual delivery dates.
2.2 Agreed delivery dates are binding. The supplier is obliged to inform us immediately in text form if circumstances occur or become apparent to him which indicate that he will not be able to meet the agreed delivery time. If the supplier fails to meet a delivery date or exceeds a delivery date, we shall be entitled to the statutory claims. Furthermore, we are entitled to deduct a contractual penalty of 1% per week or part thereof up to a maximum of 5% of the invoice amount in the event of late delivery; the calculation basis is the price for the delivery affected by the delay. We are entitled to claim the contractual penalty in addition to performance. We shall assert the contractual penalty at the latest within 10 working days – calculated from receipt of the delayed delivery; otherwise the contractual penalty shall lapse. We reserve the right to assert further claims and rights.
2.3 The goods to be delivered must be packed in the usual commercial manner or, at our request, provided with other special packaging in accordance with our instructions. Drums and sacks may only be delivered on Europool pallets. The supplier must observe the regulations of the respective carrier, freight forwarder or carrier. The supplier shall be liable for damage resulting from inadequate packaging and for damage in transit.
2.4 Trucks that have to be weighed must be weighed full and empty at our premises. The shipping documents or delivery bill must contain the following information: Order no., delivery date and the standard commercial material description. We shall receive the shipping documents and invoices in duplicate. The following shipping addresses apply:
– Truck delivery with weighing regulation: Truck scales Bergerstrasse, Gate 4: 6.00 a.m. to 7.00 p.m.
– Truck delivery without weighing regulations: Goods reception Bergerstr./Godorfer Str.: 6.00 to 14.00
– Rail dispatch: Waggon: Brühl 154815
– General and express goods: Cologne Eifeltor freight center
2.5 The supplier undertakes to comply with the relevant regulations on the transportation of dangerous goods (GGVS, GGVE etc.) for deliveries to us. Our “Plant and Work Regulations” and our separate “EB Plant Regulations” shall apply to services to be performed in the plant.
2.6 We are entitled to demand changes to the delivery item, the delivery times and delivery quantities as well as the scope of services within reasonable limits. We shall submit such a change request in writing or in text form.
2.7 If the supplier carries out assembly work, he undertakes to take out assembly insurance at his own expense, including the customer’s risk. He shall bear the risk until acceptance by us. No exclusion of liability results from the above.
3. Transfer of risk – Acceptance – Inspection
3.1 The supplier shall bear the material risk until acceptance of the goods by us or our authorized representative at the place to which the goods are to be delivered in accordance with the order. The supplier is not entitled to make excess or short deliveries. If a delivery schedule exists, we are only obliged to accept the binding quantities specified therein. We are entitled to return deliveries made before the agreed date at the supplier’s expense and risk or to charge storage costs.
3.2 Work stoppages (strikes and lockouts), operational disruptions, operational restrictions and similar cases affecting us or our suppliers shall be deemed force majeure and shall release us from the obligation to accept delivery for the duration of the disruption and to the extent of its effect.
3. 3 For dimensions, quantities and quality, the measured values determined during our incoming goods inspection and quality inspection with the aid of technical equipment shall be decisive.
3.4 We are exempt from the obligation to immediately inspect and report defects that could have been discovered during an incoming goods inspection. This shall not apply to obvious defects, in particular externally recognizable transport damage and externally recognizable deviations in identity and quantity. We shall give notice of other defects as soon as they are discovered in the ordinary course of business.
3.5 Our payments do not imply unconditional acceptance of the goods. We shall assert the reservation within 10 working days at the latest – calculated from the date of full payment.
4. Quality and Documentation
4.1 The goods to be delivered must comply with the applicable statutory provisions, in particular the relevant environmental regulations, occupational safety and accident prevention regulations, the law on technical equipment and regulations and directives, the VDE regulations, our EB factory standards in the valid version and the recognized latest rules of technology as well as the documents on which the order is based, such as drawings, descriptions, samples, specifications, acceptance conditions, etc., as precisely as possible.
4.2 For plant and machine orders, the following applies in particular:
a) The protective devices required in accordance with the accident prevention regulations must be supplied;
b) We shall only assume the costs for an acceptance inspection by an expert. Should further inspections become necessary as a result of systems or parts thereof not being ready for operation at the time of acceptance, incomplete documentation, components and equipment not complying with the regulations and non-compliance with emission and immission limits, the costs for this shall be borne by the supplier.
4.3 The supplier shall carry out a quality control that is suitable in type and scope and complies with the latest recognized rules of technology.
4.4 If we request initial or type samples, the supplier may only commence series production upon receipt of our express written approval or such approval in text form.
4.5 We expect the supplier to constantly align the quality of its products to be delivered to us with the latest state of the art, to at least comply with the recognized latest rules of technology, and to inform us of possible improvements and technical changes. However, any changes to the delivery item affecting the quality may only be made with our express prior consent.
5. Prices and Terms of Payment
5.1 The prices stated in the order are final prices excluding VAT. Unless otherwise agreed, the price “free delivery” includes packaging and all public charges such as taxes, customs duties, fees for issuing public documents, etc.
5.2 Unless otherwise agreed, payment shall be made within 14 days with a 3% discount, within 30 days with a 2% discount or within 60 days without deductions. The payment period shall commence when the claim is due, we have received the proper and verifiable invoice and the service has been rendered or the delivery has been made; in the case of raw and auxiliary materials, net on the 25th of the month following delivery. Invoices must be issued immediately after delivery or performance. A period of 4 weeks shall be deemed to be timely. Payment shall be made subject to invoice verification.
Deliveries made and accepted before the agreed delivery date shall only be deemed to have been received on the agreed delivery date. We shall be entitled to choose the means of payment.
5.3 We shall be entitled to rights of set-off and retention to the extent permitted by law. We are entitled to assign the claims arising from our business relations. The supplier requires our consent for the assignment of claims and for the transfer of the collection of claims against us to third parties, which may not be unreasonably withheld.
5.4 If the supplier is in arrears with any payment obligations to us, all existing claims shall become due immediately.
6. Reservation of ownership – Retention of title – Tools
6.1 Ownership of the material shall pass to us upon payment of the invoice. Extended reservations of title shall require our express approval.
6.2 All means of production (drawings and calculations) provided to the supplier for the execution of the order shall remain our property, may not be reproduced and used for other purposes or for third parties and must be returned immediately after completion of the order.
6.3 If we provide parts to the supplier, we reserve the right of ownership to these parts. Processing or transformation by the supplier shall be carried out on our behalf. If our reserved goods are inseparably mixed or processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of our item (purchase price plus VAT) to the other mixed or processed items at the time of mixing or processing. The supplier shall store our (co-)ownership free of charge.
6.4 Tools provided remain our property; the supplier is obliged to use the tools exclusively for the manufacture of the goods ordered by us. He is also obliged to insure the tools belonging to us at replacement value against fire, water damage and theft at his own expense. At the same time, he hereby assigns to us all claims for compensation arising from this insurance; we hereby accept the assignment. The supplier is obliged to carry out any necessary maintenance and inspection work on our tools as well as all servicing and repair work at his own expense and in good time. He must notify us immediately of any malfunctions; if he culpably fails to do so, we reserve the right to claim damages.
6.5 If the security interests to which we are entitled under 6.3 exceed the purchase price of all our goods not yet paid for by more than 20%, we shall be obliged to release them at the supplier’s request.
7. Liability for defects and Poduct Liability
7.1 We shall continue to be entitled to the statutory claims for defects. In any case, we are entitled to demand that the supplier, at our discretion, rectify the defect or deliver a new item. We expressly reserve the right to claim damages, in particular damages in lieu of performance. In urgent cases, we shall be entitled to remedy the defect ourselves or have it remedied by a third party at the supplier’s expense or to procure a replacement elsewhere. The same shall apply if the supplier defaults on its warranty obligations.
7.2 If claims are asserted against us by third parties due to the violation of official safety regulations or for other legal reasons under domestic or foreign law, we shall be entitled to demand reimbursement of the damage incurred by us from the supplier insofar as his deliveries were defective or his conduct was in breach of duty and was the cause of the damage; unless the supplier proves that the damage was unavoidable or unforeseeable and the supplier is not at fault.
7.3 In the event that claims are asserted against us by third parties on the basis of product liability, the supplier shall be obliged to indemnify us against such claims upon first request insofar as the damage is caused by a defect in the product.
of the product delivered by the supplier has been causally caused. In cases of fault-based liability, however, this shall only apply if the supplier is at fault. If the cause of the damage lies within the supplier’s area of responsibility, the supplier shall bear the burden of proof in this respect. In such cases, the supplier shall bear all costs and expenses, including the costs of any legal action or recall action. Otherwise, the statutory provisions shall apply. Upon request, the supplier shall provide us with evidence of the existence of sufficient product liability insurance.
7.5 The contractual partner shall comply with the applicable legal regulations of the European Union and the Federal Republic of Germany, e.g. the REACH Regulation (Regulation EC No. 1907/2006). The contractual partner shall inform us immediately of any relevant changes to the goods, their deliverability, usability or quality caused by statutory regulations, in particular by the REACH Regulation, and shall coordinate suitable measures with us in individual cases. The same shall apply as soon as and insofar as the contractual partner recognizes or should have recognized that such changes could occur. The buyer (downstream user) shall not be obliged to register the delivered goods. Furthermore, the delivered goods must not contain asbestos, biocides or radioactive material.
8. Industrial property and Inventor´s rights
8.1 The supplier guarantees that the use of the goods supplied by him does not directly or indirectly infringe any industrial property rights or other rights which do not enjoy special statutory protection and shall indemnify us and our customers against all claims necessarily arising therefrom upon first written request. This shall not apply if the supplier manufactures goods exclusively according to our drawings and models and he does not know or need to know that the manufacture of these goods constitutes an infringement of rights in the aforementioned sense. The limitation period for these claims is ten years, beginning with the conclusion of the respective contract.
8.2 At our request, the supplier shall name all industrial property rights and applications for industrial property rights of which it is aware or of which it becomes aware and which it uses in connection with the goods to be delivered and delivered. If the supplier discovers in connection with the manufacture of goods that industrial property rights or applications for industrial property rights could be infringed as a result, it must notify us immediately without being requested to do so.
9. Confidentiality – Advertising
9.1 The supplier is obliged to treat the order, including the documents on which it is based, and all technical and commercial documents, equipment and other information arising from the resulting activity and in connection with it, as business secrets and to keep them strictly confidential. They may only be disclosed to third parties with our express consent. The supplier shall oblige its subcontractors accordingly. The confidentiality obligation shall also apply after the completion of this contract; it shall expire if and to the extent that the (in particular production) knowledge to be kept secret has become generally known.
9.2 The supplier may only refer to its business relationship with us in its advertising if we have given our prior written or textual consent.
10. Concluding terms
10.1 Only the law of the Federal Republic of Germany shall apply to this contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of performance for the delivery obligation is the agreed shipping address, for all other obligations of both parties Brühl. The exclusive place of jurisdiction for all disputes arising from contracts and in connection with contracts is Brühl, insofar as legally permissible. This also applies to disputes concerning the validity of contracts. Eisenwerk Brühl GmbH reserves the right to take legal action against the contractual partner at his place of business.
10.3 Should a provision of the contract or these terms and conditions between the supplier and us be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties are obliged to replace the invalid provision in good faith with a provision that is equivalent to it in terms of economic success, provided that this does not result in a significant change to the content of the contract.
Shipping instructions:
Truck delivery
with weighing instructions: Truck scales Bergerstraße, Gate 4: 6.00 a.m. to 7.00 p.m. Truck delivery
without weighing instructions: Goods reception Bergerstr./Godorfer Str.: 6.00 to 14.00
Rail shipping: Wagon: Brühl 154815, general and express goods: Cologne Eifeltor freight center
Shipping papers twice, bills twice.
(as of 22.05.2019)
