1.
Unless the offers submitted to us expressly contain a commitment period, you shall be bound by them for ten (10) working days from the date of the offer. The time when we receive the declaration of acceptance shall be decisive for timely acceptance.
2.
Obvious spelling or calculation errors in our order or in other declarations can be corrected by us at any time, even after the conclusion of the contract, without imposing any obligation on us.
3.
Offers shall be submitted free of charge for us, they must reach us on time. Any visits, preparation of planning documents and similar services shall not be remunerated.
4.
The supplier shall be bound by the terms of its offer; this shall also apply to drawings, illustrations, dimensions, weights and other performance data.
5.
Within reasonable bounds, we can demand changes to the delivery item even after the contract has been concluded. Due account shall be taken of the consequences, in particular with regard to added or reduced costs as well as the delivery dates.
6.
We shall be entitled to withdraw from the contract at any time by written declaration, stating the reasons, if:
a) we are no longer able to use the ordered products in our business operations due to circumstances occurring after conclusion of the contract for which the supplier is responsible (such as non-compliance with legal requirements) or can only use them with substantial expenditure, or
b) the supplier’s financial circumstances deteriorate after conclusion of the contract to such an extent that delivery in accordance with the contract cannot be expected.
7.
Without our consent given in writing or in text form, the supplier shall not be entitled to pass on our orders or contracts to third parties; otherwise, we shall be entitled to withdraw from the contract in whole or in part and to claim damages.
In cases where one party is affected by force majeure (including strike and lockout in third-party companies), each party shall be entitled to suspend the performance of their contractual obligations without being liable for damages and/or reimbursement of expenses for the duration of the disruption and to the extent that it is affected by the disruption. Force majeure within this meaning shall be deemed to have occurred in the case of an event external to the business, externally caused by elementary forces of nature or by actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means, even by the utmost care reasonably to be expected under the circumstances, and is not to be accepted by the business operator even due to its frequency in the business.
The other contracting party shall be notified of the impediment to performance promptly and without undue delay.
If contractual performance is delayed by more than four (4) months for reasons of force majeure as defined above, and if the parties have not agreed on a new basis for continuing contractual performance at the end of the delay, either party may, after this period and if the cause of non-performance continues to exist, give written notice of termination of the contract to the other party or, if the legal requirements are met, withdraw from the contract.
In this case, we may reclaim payments already made to which the supplier is not entitled in accordance with the above provisions – where applicable, in proportion to the scope of the non-effected (partial) performance.