General Conditions of Purchase
§ 1. General Provisions
§ 1.1. For all orders from Autotestgeräte LEITENBERGER GmbH - hereinafter referred to as LR-ATG - only these conditions apply, unless expressly agreed otherwise.
Conditions of the contractor in his terms and conditions or order confirmation are hereby expressly contradicted. Unconditional acceptance of order confirmations or deliveries does not mean acknowledgment of such conditions.
§ 1.2. With the first delivery according to the present purchasing conditions, the supplier recognizes their exclusive validity for all further orders.
§ 1.3. Orders and commissions are binding if they are made in writing or have been confirmed in writing. The offer can only be accepted within a period of 14 days, unless otherwise agreed.
§ 1.4. LR-ATG has the right to terminate all contracts immediately without adhering to any notice period at the end of the month.
The law shall apply in the event of the aforementioned regulation being ineffective.
§ 2. Delivery and shipping
§ 2.1. The delivery takes place according to the order or the following instructions from LR-ATG on the agreed dates. The contractor shall notify changes to the deadlines immediately.
§ 2.2. The contractor must comply with the shipping regulations of the company LR-ATG and the forwarding agent or carrier. The order and article numbers of the company LR-ATG are given in all shipping documents, letters and invoices.
§ 2.3. The contractor shall bear the costs of transport, including packaging, insurance and all other ancillary costs, unless expressly agreed otherwise.
§ 3. Delivery periods, delivery dates
§ 3.1. The delivery periods or dates specified in orders are binding
and understood to arrive at the place of performance.
§ 3.2. LR-ATG is entitled to refuse to accept goods that are not delivered by the delivery date specified in the order and to return them or store them with third parties at the expense and risk of the contractor.
§ 4. Quality and Acceptance
§ 4.1 The contractor assures that the goods correspond to the submitted specifications, relevant standards and the state of the art.
§ 4.2 LR-ATG reserves the right to check the goods for obvious and visible defects immediately upon receipt and only then to accept them. In the event of a complaint, the contractor can be charged with the costs of the test and the replacement delivery. For any type of defect, the complaint period is 14 days from their detection. During the warranty period, the contractor waives the right to object to late notification of hidden defects.
§ 4.3. The values determined during the incoming goods inspection are binding for dimensions, weights and quantities of a delivery.
§ 4.4. In the event of an agreed contractual penalty for delay in delivery, the right to a contractual penalty remains in effect even if it is not expressly asserted upon acceptance of the delivery. Further claims also remain without special reservation upon acceptance.
§ 5. Prices and terms of payment
§ 5.1 Agreed prices are maximum prices; LR-ATG benefits from price reductions in the period between ordering and payment of the invoice.
§ 5.2 Invoices are to be issued immediately after dispatch of the goods, stating the order number and article number. The sales tax is to be shown separately.
§ 5.3 Payment is made subject to proper delivery and correct prices and calculations. If a defect subject to warranty is found, LR-ATG is entitled to withhold payment until the warranty obligation has been fulfilled.
§ 5.4 Invoices are payable within 14 days less a 3% discount, within 30 days net cash from invoicing.
§ 6. Offsetting and Assignment
§ 6.1 The contractor is only entitled to offset undisputed or legally established claims.
§ 6.2 The assignment of claims against LR-ATG is only effective with their written consent.
§ 7. Warranty
§ 7.1 The warranty obligation of the contractor is based on the statutory provisions, unless something else is stated below. Upon first request, the contractor shall indemnify LR-ATG against all third-party claims that are raised due to defects, infringement of third-party property rights or product damage to his delivery due to his share in the causation. The contractor assures the existence of an appropriate product liability insurance.
§ 7.2 The warranty period is at least 12 months from delivery to the place of performance. If the statutory warranty period is longer, this applies.
§7.3 In the event of a defective delivery, the contractor has to provide a replacement free of charge through the company LR-ATG , grant a price reduction in accordance with the statutory provisions on the reduction or eliminate the defect free of charge. In urgent cases, LR-ATG is entitled - after consultation with the contractor - to remedy the defects itself or have them done by a third party or to obtain a replacement in some other way at the expense of the contractor. The same applies if the contractor defaults in fulfilling his warranty obligations. If, according to the statistical test procedure specified in the order, it is determined that the maximum permissible error percentage has been exceeded, LR-ATG is entitled to raise claims for defects with regard to the entire delivery or to check the entire delivery at the expense of the contractor after prior consultation with the contractor.
§7.4 The contractor is liable for replacement deliveries and repair work to the same extent as for the original delivery item, i.e. also for transport, travel and labor costs, without limitation to this. The warranty period for replacement deliveries begins at the earliest on the day the replacement delivery arrives.
§7.5 The contractor is obliged to reimburse reasonable costs for a recall campaign based on product liability law. LR-ATG will notify the contractor of this as soon as possible.
§ 8. Information and data
Drawings, drafts, samples, manufacturing instructions, company-internal data, tools, facilities, etc., which we have made available to the contractor to submit an offer or to carry out an order, remain our property. They may not be used for other purposes, duplicated or made accessible to third parties and must be kept with the care of a prudent businessman.
§ 9. THIRD PARTY PROPERTY RIGHTS
The contractor assures that third-party rights do not conflict with the intended use of the purchased goods, and in particular that third-party property rights are not violated. If the company LR-ATG nevertheless due to a possible violation of third-party rights, such. B. of copyright, patent and other intellectual property rights, the contractor releases him from this and from any related service.
§ 10. PRIVACY
The contractor declares his revocable consent to the personal data provided being processed in accordance with the legal provisions.
ARTICLE 11. SEVERABILITY CLAUSE
Should individual provisions of these General Terms and Conditions be or become void, the remaining provisions shall remain in effect.
§ 12. PLACE OF PERFORMANCE / JURISDICTION / LEGAL STATUS
§12.1 The place of performance for the delivery is the respective shipping point specified by LR-ATG.
§12.2 German law applies exclusively.
§12.3 The place of jurisdiction is the registered office of Autotestgeräte LEITENBERGER GmbH, 72138 Kirchentellinsfurt
§ 13. DEVIATION AGREEMENTS
Agreements that deviate from the content of these general terms and conditions of purchase are only valid if they are recognized by us in writing.
Autotestgeräte LEITENBERGER GmbH
Bahnhofstrasse 33 - 72138 Kirchentellinsfurt - Germany
EGB version 1.0 Status: 01/31/2022
SUSTAINABILITY REQUIREMENTS FOR SUPPLIERS
Our suppliers and business partners are committing to fulfill their social responsibilities in all business activities. Suppliers shall comply with the principles of this Code of Conduct by providing appropriate resources within their organization and incorporating all principles applicable to them into policies and procedures.
2. CHILD LABOR AND YOUNG WORKERS
We reject child labor in our supply chain. Suppliers must prevent any form of child labor in their business. Employees under the legal minimum age must not be employed.
3. WAGES, BENEFITS AND WORKING HOURS
Suppliers must comply with applicable legal regulations on working hours. Compensation shall be paid to employees on a regular, timely and full basis in accordance with applicable law and shall comply with applicable national compensation laws. Compensation and other benefits shall ensure a decent standard of living for employees and their families.
4. FORCED LABOR
Our suppliers will not engage in human trafficking or forced labor.
5. FREEDOM OF ASSOCIATION
Our suppliers shall protect the right to freedom of association and collective bargaining.
6. HEALTH AND SAFETY
Suppliers shall comply with national standards for safe and hygienic working conditions and, within this framework, take appropriate measures to ensure health and safety in the workplace to ensure healthy working conditions.
7. DISCRIMINATION AND HARASSMENT
Equal treatment of all employees must be a fundamental principle of the supplier's corporate policy. Discriminatory behavior, often intentional or unintentional, relates to irrelevant personal characteristics such as age, disability, race, marital status, gender, gender expression and identity, genetic information, national origin, physical characteristics, political affiliation, pregnancy, religion, social origin, sexual orientation, union membership or other unlawful criteria. Suppliers must ensure that their employees are not subjected to any form of harassment or discrimination.
8. CORRUPTION, EXTORTION AND BRIBERY
Our suppliers do not tolerate corruption, extortion or bribery. Suppliers shall never accept bribes or other unlawful inducements (e.g., kickbacks) when dealing with business partners or public officials. Suppliers must not offer gifts or other personal benefits to employees of Leitenberger that could be considered a bribe. In general, gifts or invitations may not be used to improperly influence a business relationship or to violate applicable laws or ethical standards.
9. DATA PROTECTION AND INTELLECTUAL PROPERTY
Our suppliers agree to use confidential information in an appropriate manner and protect it accordingly. Suppliers must ensure that sensitive data and valid intellectual property of own employees and business partners are protected. Information systems containing confidential information or data of customers and business partners will be properly managed at the supplier’s location and protected from unauthorized access and use, disclosure, modification or destruction of data. Suppliers shall collect personal information only for legitimate business purposes, use it only in a lawful, transparent and secure manner, and disclose it only to persons authorized to access it. They protect information in accordance with security regulations, retain it only as long as necessary, and require third parties with access to personal information to protect it.
10. FINANCIAL RESPONSIBILITY
Our supplier agrees to develop appropriate business continuity plans for operational activities that support the customer's business.
11. DISCLOSURE OF INFORMATION
Our suppliers agree to promptly resolve critical issues that could negatively impact the quality of goods and services. They grant us the right to review their sustainability performance with reasonable advance notice.
12. FAIR COMPETITION AND ANTITRUST LAWS
Suppliers will ensure fair competition and compliance with applicable and in force competition and antitrust laws. They will not enter into anti-competitive agreements with competitors, suppliers, customers or other third parties.
Suppliers agree to take all necessary and reasonable measures under its responsibility to ensure that the customer's products or their usable components or raw materials and related know-how do not fall into the hands of counterfeiters, smugglers, thieves or other unauthorized persons.
14. INTELLECTUAL PROPERTY
Suppliers must use confidential information appropriately and protect it adequately. Suppliers must ensure that sensitive data and applicable proprietary rights of our own employees and business partners are protected.
15. EXPORT CONTROLS AND ECONOMIC SANCTIONS
Suppliers shall comply with export control regulations and applicable economic sanctions and provide accurate and truthful information to customs and other authorities as required.
16. PROTECTION FROM RETALIATORY ACTION
Suppliers shall promote and establish communication channels for their employees to file complaints or report possible illegal conduct without fear of reprisal, intimidation or harassment. Every message is treated confidentially. Suppliers continuously encourage their employees to report misconduct related to the Code of Conduct.
17. WASTE PREVENTION
Suppliers shall ensure the safe and compliant handling, storage, transportation, disposal, recycling and reuse of waste, waste gas and wastewater. Activities that have the potential to negatively impact human health or the environment must be appropriately managed, measured and controlled. The release of hazardous substances must be minimized.
18. ENERGY CONSUMPTION AND GREENHOUSE GAS EMISSIONS
Suppliers must protect and preserve natural resources (e.g., water, energy, raw materials). To protect renewable natural resources, suppliers should support the use of generally accepted sustainability standards and certifications. Negative environmental and climate impacts caused by the supplier itself or within the supply chain should be minimized at source and preferably avoided. Their practices should be aligned with circular economy principles such as material reduction and substitution, including return, shared use, maintenance, reuse, remarketing, remanufacturing, and recycling. Suppliers commit to developing and using environmentally and climate friendly products, processes and technologies. Suppliers commit to minimizing greenhouse gas emissions.
19. RESPONSIBLE CHEMICAL MANAGEMENT
Suppliers shall ensure that the products they supply do not contain minerals or metal derivatives from conflict zones where they directly or indirectly contribute to the financing or support of armed groups or cause or promote human rights abuses.