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Purchasing Terms

as of 01.09.2011
(Notice: The purchase conditions of the other companies of the Georgsmarienhütte group have their own validity)

1. Scope of application

  1. These Purchasing Terms and Conditions (hereinafter referred to as the "Terms") exclusively apply to our orders placed with any supplier. Conflicting and/or additional General Standard Terms and Conditions of any supplier are not applicable for us. This also applies if we do not expressively object these terms or perform our contractual obligations without any reservation.
  2. This document comprising these terms and conditions includes all contractual provisions. There are no subsidiary agreements.

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2. Orders

  1. The supplier shall assign any rights or obligations under this agreement to a third party only after prior written approval granted by Georgsmarienhütte GmbH.
  2. Only after our prior written approval the supplier is entitled to have the order or material portions of the order performed by a third party.
  3. Offers shall be submitted free of charge and without any obligation for Georgsmarienhütte GmbH.

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3. Delivery

  1. The delivery dates stated in the order are binding. All shipments have to be executed "delivered duty paid" (DDP) plant Georgsmarienhütte according to the INCOTERMS 2010.
    Forwarding address for the supply of materials    :
    Postal address:
          Georgsmarienhütte GmbH, Postfach 12 80, P.O. Box 12 80, 49110 Georgsmarienhütte
    For delivery by rail:
          - Wagon load: Georgsmarienhütte station
          - LCL freight/ express goods: Station Osnabrück, LCL-code no.: 2281
    For delivery by road:
          Local tariff region: Georgsmarienhütte, tariff no. 14219
          Supply of material by road from 7:00 to 13:00 hours,
          (Mondays to Fridays): Neue Hüttenstraße 1
  2. Under separate cover a shipping advice shall be sent to us in duplicate on the day of dispatch for every single shipment. All shipping advice, delivery notes and package labels must show the order number, the call-off number, the receiving department as well as any other information requested in the order. The goods to be delivered must be properly packed and labelled according to our shipping instructions.
  3. Only after prior written approval by Georgsmarienhütte GmbH the supplier is entitled to make premature deliveries. The supplier has to inform us immediately by telefax or email about any known or expected delay in the performance of his delivery commitments by giving the information as follows:
         a) the probable duration of the delay
         b) the reason for the delay
         c) any actions necessary to abate the delay.
    In case of any delay in delivery we reserve all statutory rights. After expiration of an additional period of two (2) weeks we shall be entitled to rescind from the contract and to claim for damages instead of performance.

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4. Prices

The prices set forth in the order are binding.

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5. Terms of Payment

  1. The supplier is obliged to submit an invoice for each order in duplicate according the applicable legal regulations showing the order number. Invoices which do not be according the applicable legal regulations and without order number and  shall be regarded as not being submitted.
  2. Invoices are paid net within thirty (30) days on receipt of invoice. Discounts can be separately agreed.
  3. Georgsmarienhütte GmbH is entitled to setoff any claim having against a supplier against the claims of this supplier or to claim right of retention concerning this claim.
  4. Settling any invoice does not constitute a waiver concerning the goods delivered and does not exclude any respective complaint lodged at a later date.
  5. In addition, we shall be entitled to set off any claims which we may have against the supplier against all claims which the supplier may have, for whatever legal reasons, against companies in which Georgsmarienhütte Holding GmbH has a majority shareholding, either directly or indirectly.
  6. The current group of companies in which Georgsmarienhütte Holding GmbH has a majority shareholding, either directly or indirectly can be viewed in the internet under www. Georgsmarienhuette-holding.de. On request, the supplier will be provided at any time with the information on the group of companies.

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6. Title

We do not accept any extended reservation of ownership. A reservation of ownership is only accepted provided we are entitled to sell, process or mix the goods delivered within the scope of ordinary operations.

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7. Guarantee provisions

  1. The supplier guarantees that the goods delivered meet the specifications agreed in the order, are made of the material agreed, are free of any defects in material and in construction as well as any manufacturing defects according to the latest state of art at the date of delivery, are free of any defects impairing or annulling their usefulness usually to be expected or stipulated in the contract or impairing or annulling the value of the goods delivered and are in compliance with all applicable laws and regulations.
  2. In case of receiving any faulty goods we reserve all rights provided by German law. At our option the supplier has to remedy the defects or has to replace the faulty goods
  3. The warranty period shall commence with the date of delivery and it shall last 24 months. For spare parts used when remedying any defect the warranty period shall commence anew with the date of their delivery.

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8. Quality Assurance

The supplier herewith accepts the quality assurance instructions of Georgsmarienhütte GmbH.

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9. Official and Legal Regulations

Products delivered and services rendered must meet the applicable official and legal regulations of Federal Republic of Germany and European Union, e. g. REACH-Directive.

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10. Place of performance and jurisdiction

  1. The place of performance for all deliveries and services shall be Georgsmarienhütte.
  2. This agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Germany. The trade terms included in this agreement shall be construed in accordance with the International Rules for the Interpretation of Trade Terms (Incoterms) and their amendments in the respective version valid at the date of delivery.
  3. For any dispute arising out of or relating to this agreement the exclusive place of jurisdiction shall be Osnabrück. Notwithstanding the venue clause of the article we are entitled to bring an action against any suppler at any other court appropriate according to the applicable law.

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