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GENERAL CONDITIONS FOR THE SUPPLY OF COMPOSITE PRODUCTS

Preamble

  1. Application: These General Conditions apply when agreed upon in writing or otherwise between the parties. Modifications or deviations require written agreement. The term "written" encompasses documents signed by both parties, letters, faxes, emails, or other agreed means.

Product Information

  1. Binding Data: Information and prices in product information and price lists are binding only when expressly referred to in the contract.

Technical Documents and Information

  1. Ownership and Use: Technical documents related to the goods or their manufacture remain the property of the submitting party and must not be used or disclosed without consent, except for the purpose provided.

Patterns, Tools, and Equipment

  1. Ownership and Maintenance: Patterns, tools, and equipment provided by the Purchaser remain their property, with associated costs for adjustments or completions to be covered by the Purchaser.
  2. Supplier-Provided Items: Items provided by the Supplier will be paid for by the Purchaser and become their property, excluding the Supplier's gating and feeding systems. The Supplier will mark these items, but may withhold items to protect technical know-how, compensating the Purchaser for retained items.
  3. Usage Restrictions: The Purchaser's items may not be used for purposes other than the contract or disclosed without consent.
  4. Storage: The Supplier will store the Purchaser's items for the duration of the contract and for a time thereafter, at the Purchaser's risk and expense, with obligations ceasing three years after delivery completion.
  5. Insurance: The Purchaser is responsible for deciding on and bearing the cost of insurance for their items.
  6. Transport Costs: The Purchaser covers all transport costs for their items to and from the Supplier.
  7. Indemnification: The Purchaser indemnifies the Supplier against patent or property right infringement claims resulting from specifications provided by the Purchaser.

Weights

  1. Estimates: Pre-casting weights are estimates, with price adjustments based on actual weight deviations.

Production Samples

  1. Conformity: Series-produced goods must conform to approved production samples, with production awaiting the Purchaser's written approval.

Tests

  1. Testing Procedures: Agreed tests to ascertain specific requirements will be conducted at the Supplier's location or as deemed appropriate, based on general industry practice if not specified.
  2. Notification and Reporting: The Purchaser will be notified of tests to attend, with a report provided post-test, considered accurate unless contested.
  3. Non-conformity: If goods fail to meet contract specifications, the Supplier must rectify this promptly, with the Purchaser entitled to a retest for significant defects.
  4. Costs: Unless otherwise agreed, the Supplier covers test costs, with the Purchaser responsible for their representative's expenses.

Delivery

  1. Terms and Packaging: Delivery terms follow INCOTERMS at contract formation, with packaging not provided unless specified. The default delivery term is Ex Works, excluding packaging.

Time for Delivery and Delays

Scheduling and Delays: Delivery periods start upon contract formation, with obligations for prompt delay notifications and adjusted delivery times due to unforeseen circumstances or Purchaser actions. Liquidated damages apply for supplier delays, with rights to terminate the contract for significant delays and specified compensation limits.

Payment

Payment Schedule and Late Payments: Payment terms include a structured schedule with interest on late payments as per the Supplier's country laws. The Supplier can suspend services or terminate the contract for prolonged non-payment, retaining rights to the Purchaser's items until full payment.

Retention of Title

Ownership: Goods and items provided by the Supplier remain the Supplier's property until fully paid, within legal retention of title limits.

Liability for Defects

30-35. Defect Remediation: The Supplier is responsible for repairing or replacing defective goods due to design, material, or workmanship faults, with specific exclusions and time limits for defect claims and remediation responsibilities.