General purchasing conditions of Kory Konfitüren GmbH
1. Validity, conclusion of contract
These purchasing conditions apply exclusively to all of our orders – including partial and subsequent deliveries. General terms and conditions of our suppliers are hereby expressly rejected; Sales conditions of our suppliers that contradict our purchasing conditions do not become part of the contract, unless the supplier expressly points this out in individual cases in the order confirmation and we give our written consent to this. The acceptance of goods does not constitute such consent. Any recognition of deviating conditions in earlier contracts has no significance for this or future orders.
A purchase contract is legally binding as soon as our order / our order (the so-called order confirmation) is returned and received by the supplier with a legally binding signature. If the order confirmation is not sent to us within five working days of receipt of the order, we can reject it as being late.
Even in the event that the order is accepted in any other way than by returning our order / our order, these purchasing conditions apply exclusively, unless otherwise agreed in writing. These terms and conditions of purchase also apply to all follow-up orders placed with the supplier, even if they are initially given verbally, by telephone or telex without express reference to these terms and conditions of purchase.
As part of our order and as agreed with the supplier, the specifications annexed to our order as well as all other written supplier declarations on the product submitted by Darbo upon written request shall apply. Orders are only binding if they have been placed or confirmed in writing. Factual / computational errors or any ambiguities in our orders oblige the supplier to inquire. Any change to the order placed requires our written confirmation.
Unless otherwise agreed in writing, all prices are fixed prices including the necessary packaging based on the delivery conditions agreed in writing in accordance with the currently applicable Incoterms.
Unless otherwise agreed, payments are made either within 14 days of receipt of the invoice with a 3% discount or net after 30 days, at our discretion.
If the invoiced goods arrive at a later point in time than the invoice, the date of receipt of the goods shall be taken as the invoice date.
Payment can be withheld until the contract has been properly fulfilled. Insofar as the supplier has to bear or reimburse costs in accordance with the legal or contractual provisions or if there are other counterclaims on our part, we can withhold or offset payments at our discretion, whereby the requirements of connectivity and due date are hereby waived.
4. Delivery time, self-delivery
The agreed delivery dates are fixed dates within the meaning of §§ 919 ABGB. The supplier cannot invoke the objection of correct, complete and timely self-delivery as long as a service from the type owed is possible. In such a case, he must obtain goods of the same type and quality from other upstream suppliers. In the event of late delivery – including through no fault of our own – we are free to waive the delivery in whole or in part and / or to claim compensation for non-performance or to insist on subsequent delivery; Irrespective of this, the supplier must immediately notify us, stating the reasons and the probable duration of the delay, as soon as he has to assume that the agreed delivery time or the delivery date cannot be met. By accepting late deliveries, we do not waive our claims for compensation for damage caused by delay. Interventions by the public sector or events of force majeure or other restrictions beyond our control (e.g. operational disruptions, strikes) entitle us to withdraw from the contract in whole or in part or to demand fulfillment at a later date without the supplier having any claims as a result arise.
All necessary accompanying documents such as delivery notes, customs papers, veterinary certificates, etc. must be enclosed with each delivery. The supplier is liable for increased transport costs and damage to the goods caused by improper shipping or packaging that is not in accordance with the order. The supplier is obliged to insure the transport at his own expense.
6. Assignment, ownership
Without our express consent, neither the contract nor individual rights or claims from it may be transferred or pledged to third parties. Other forms of retention of title than simple retention of title by the supplier and the advance assignment of the purchase price claim within the scope of retention of title customary in the industry are excluded. Deviating declarations by the supplier on delivery notes, invoices or other documents are only binding if they are confirmed by us in writing. The acceptance of the goods does not constitute recognition of a reservation of title declared by the supplier. The material handed over to the supplier for processing within the framework of a delivery contract remains our property.
7. Notification of defects and warranty
The supplier warrants and guarantees that his delivery has the properties prescribed or warranted in the order and specification and in other written declarations made by the suppliers upon written request from Kory Jams and that they are free from errors or defects is. In particular, the supplier guarantees that the goods delivered comply with the relevant European and national food law provisions as amended and that they are marketable. The relevant provisions include in particular the Austrian LMSVG (Food Safety and Consumer Protection Act). The supplier is obliged to inform us in writing of any restrictions on the use of the goods supplied. The same applies to any declaration obligations for products that are manufactured using the goods supplied. The supplier may only change the composition of goods after we have approved the change in writing on his notification. We can assert complaints about defective deliveries or deliveries that obviously deviate from the order within 14 days. In the case of obvious defects, the aforementioned period begins with receipt of the goods, otherwise at the point in time at which the defect is discovered.
In the event of a defective delivery or delivery that deviates in any other way from the order, in addition to the rights to rescission, reduction in price or damage compensation due to non-performance, we have the right, at our discretion, to request the supplier to repair the goods free of charge or to request a new delivery free of charge within a reasonable period set by us. If the deadline is missed, we can place a replacement order with third parties without further notice. We are not obliged to tolerate more than one attempt at replacement or improvement. The warranty period is 2 years from the transfer of risk. In the event of rework, it is extended by the duration of the downtime and begins again for the reworked and / or newly delivered goods. The existence of special rights of recourse within the meaning of § 933 b ABGB is expressly agreed. We do not waive warranty claims by accepting or approving samples submitted to us. The supplier undertakes to keep us free from all claims that our customers may assert against us because the goods delivered to us by the supplier are defective or otherwise from the order and / or specification and / or from other written declarations by the supplier that these submitted upon written request from Darbo, deviates.
8. Intellectual Property Rights
The supplier and his employees and representatives must maintain secrecy about our orders. All information, documents, materials, tools, lithographs, etc., which are announced or sent to the supplier for the production of the item, may not be used by the supplier for other purposes or made available to third parties. They always remain our property. In the event that such documents or items are acquired by the supplier at our expense in accordance with special agreements, the parties already agree that they will immediately become our property. The supplier shall keep such documents and objects for us with due commercial diligence. These documents including all reproductions are to be returned to us on request. If the delivery is not carried out, the supplier must hand over the documents without being requested to do so. The supplier is liable for all consequences of any infringement of patents, utility models and other property rights of third parties. He is obliged to indemnify us against all third party claims arising from any legal infringement and to reimburse us for any expenses incurred. Furthermore, in the event of a violation of third party rights, we are entitled to cancel all orders affected by this, to return goods that have not yet been sold and to demand compensation.
9. Place of performance, place of jurisdiction
The place of performance is Vienna. The place of jurisdiction for all disputes arising from or in connection with this order is the regional court of Vienna for both parties. However, we are also entitled to sue the supplier at any other legal place of jurisdiction. The law of the Republic of Austria applies. The application of the UN sales law is excluded.
Kory Konfitüren GmbH, Im Gestockert 68a, 1220 Vienna / Austria Tel .: +43 667 7753777 E-Mail: firstname.lastname@example.org Homepage: www.kory.at