Purchase tax Id. No. DE 181022992

Tax No. 203/110/04604

Conditions of purchase

Purchase Terms of HEINE Resistors GmbH

 

1.      Validity of the terms

These purchase terms take priority over dissenting terms of the contractor. Any deviations from our order and these purchase terms contained in our suppliers' letter of confirmation shall only be recognised as binding, if acknowledged in writing on our part. Silence does not imply consent. These or any other terms also apply to orders by telephone. 

 

2.      Subject and scope of performance

Subject of the order is the purchase and transfer of the items specified in our order. Services and rights, changes for reasons of design entitle us to alter the content and the scope of the order. The supplier shall not be entitled to increased demands or damage claims in this regard. Should our customer rescind a contract awarded to us, we shall be entitled to cancel all of our orders relating to the rescinded contract, in which case damage claims by our suppliers are excluded. Any help required by our customer during technical preparation or acceptance is to be provided free of charge, unless otherwise agreed.

 

3.      Confirmation

Every order shall be immediately confirmed to us in writing, stating the appointed delivery period and the price. We reserve the right to cancel orders for which we do not receive a corresponding confirmation within 14 days (calculated from the date of order). Belated confirmation does not discharge the supplier from his duty to deliver.

 

4.      Delivery dates

Stipulated delivery dates must be strictly adhered to. The supplier shall be liable for damage resulting from possible delayed deliveries. If a fixed date has been appointed for the order and this fixed date was exceeded, we shall be entitled to cancel the order or to make a covering purchase for the account of the supplying company without granting an extension. If delivery on call is selected during placement of an order, the supplier shall be obliged to ensure that the goods can be delivered or service can be employed at any time without delay, otherwise the supplier shall be liable for all damages. Operational disorders, extraordinary political events as well as all other unforeseen incidents arising through no fault of our own, yet which considerably affect our consumer requirements, release us from the obligation to take delivery for the duration of the respective event and also entitle us to withdrawal, which we must however declare no later than 3 months after occurrence of the incident. 

 

5.      Prices

Fixed prices are quoted, unless otherwise agreed and unless the market prices are lower, in which case we may at our own discretion buy at the respective market price. In the event of expressly agreed sliding-scale prices and failure to deliver on the agreed delivery date, calculation of a price exceeding the one that would have arisen in case of adherence to the delivery deadline is not permitted. Furthermore, with sliding-scale prices, the proportion of the purchase price covered by a down payment is regarded as settled. 

 

6.      Date of delivery

Besides the invoice in duplicate, a detailed shipping note relating to the respective delivery must be sent to us on the date of shipment. The goods must also be accompanied by an additional shipping note in a sealed envelope.

 

7.      Invoice

The invoice must also be addressed to us and must not be enclosed with consignments. The wording of the invoice must be precisely in line with our descriptions in the order and must contain order number, date of order and consignee. Invoices of delivery by instalments can only be considered, if clearly identified as such.

 

8.      Transfer of risk

The risk relating to the supplied items and requested services is transferred to us only upon acceptance and payment by our authorised agent and upon acknowledgement of receipt.  Delivery to our premises, consignation or advice of dispatch does not bring about transfer of risk.

 

9.      Warranty

Even without timely notice of defects, the supplier shall warrant, in accordance with the legal requirements, conformity of the supplied items and services with all relevant "accepted  engineering standards" (State of the Art), quality of the material, accurate and proper execution, appropriate design and completeness.  We are only obliged to inspect the goods and/or service and to give notice of defects, if the item is put into use or the service is employed by our customers. The warranty period is 24 months and commences on commissioning or, if our customer has accepted the equipment beforehand, with this acceptance. The supplier is, at our option, also obliged to replace faulty goods and/or to remedy all defects and damages detrimental to him. In urgent cases or if the supplier fails to meet his obligations to remedy the defect after fixing of a time limit, we shall be entitled to remedy the defects ourselves, to have them remedied elsewhere, or to acquire a replacement. Beyond the preceding conditions, the supplier shall be liable according to the statutory provisions, particularly for infringement of proprietary rights of third parties, infringement of the pertinent DIN standards, sound insulation regulations, accident prevention regulations etc.

 

 10.  Secrecy

Products manufactured according to our specifications, drawings or models may only be delivered to us. Submitted order documents such as plans, bills of material etc. remain our property, shall be treated as strictly confidential, shall not be passed on to third parties, nor shall third parties be provided with any information in this regard. The supplier shall be liable for any damage originating due to breach of this obligation of secrecy. A non-committed expert to be appointed by us will bindingly determine the amount of damage for both contracting parties. Costs accruing due to commissioning of the expert are for the supplier's account.

 

11.  Right of emergency manufacture

In all cases of foreseeable or existing, long-term delivery impediment on the supplier's part, including extraordinary termination of contract, the supplier shall grant the customer or third party appointed by the customer a right of emergency manufacture, i.e. the supplier shall place at the customer's disposal the necessary tools and drawings, as well as other required know-how (including rights to the use of proprietary rights) and shall undertake all other measures, particularly provision of support staff and briefings, which are required for continuation of production at the location determined by the customer.  

 

12.  Reservation of title

With dispatch of the goods, the supplier shall waive any right of simple or extended reservation of title possibly designated in his delivery terms.

 

13.  Terms of payment

Provided that no other payment condition has been stipulated in the contract, invoices shall be paid within 14 days less 2% discount and within 30 days net.

 

14.  Shipment

Shipment shall take place carriage paid to the forwarding address stated by us. Packaging shall not be paid for separately, but shall be returned carriage paid on request, unless included in the price. The supplier bears the overall transport risk and risk of breakage. Express consignments may only be effected upon our request.

 

15.  Place of fulfilment and legal venue

Place of fulfilment and legal venue for both parties regarding all rights and obligations arising from this contract is Dresden.

 

16.  Partial invalidity

Possible invalidity of one or several of these purchase terms shall not result in ineffectiveness of the purchase terms as a whole. In fact, in such a case, the contracting parties shall be obliged to bring the invalid purchase term(s) into line with the contractual intention of the contracting parties.

 

17.  Environmental policy

Protection of the environment constitutes an important corporate objective of HEINE Resistors GmbH. Our concern is to contribute towards safeguarding the future of the environment and business via an environmentally focused corporate policy and observance of the corresponding laws.

 

We are aware of the social and ecopolitical responsibility that we as a company have to bear, thus consider environmental protection an important, existential duty of company management.

 

We aim for minimisation of the environmental impact caused by our company and its products. Action taken in this regard includes monitoring and assessment of current operational effects on the environment as well as avoidance of breakdown.

 

We set high quality standards for our products and for fulfilment of customer requirements and requests. To us, high quality means that our products have the best properties in terms of customer benefit, are however manufactured via economical use of resources, energy and water.

 

HEINE Resistors GmbH endeavours to reduce to a minimum its waste volume, particularly regarding waste that requires monitoring, and to recycle residual materials wherever possible. We dispose of all waste in a safe, responsible manner and via traceable methods.

 

The focus of HEINE Resistors GmbH on ecologically friendly procedures is guided by the following central ideas:

• Substitution of hazardous substances

• Reduction of waste volume

• Awareness training of employees regarding corporate environmental   protection

•  Minimisation of sewage and sewage pollution

• Use of manufacturing methods with no or minimal emissions.

• Minimisation of noise sources

• Use of environmentally compatible, non-polluting, resource-saving, recyclable products and substances

• Construction and manufacture of recyclable products.

 

We inform the employees of our company about environmental measures and motivate them, within the scope of their activities, in terms of personal responsibility and ecology-minded behaviour at work.

 

18.  Hazardous substances, RoHS and WEEE

All deliveries must correspond to the regulations 2002/96/EG (WEEE) and 2002/95/EG (RoHS). For hazardous substances/materials, the first delivery of every order must be accompanied by the effective safety data sheet in accordance with 91/155/EWG.

 

Status: June 2009