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General terms and conditions of business

Conditions of sale and delivery

Terms and Conditions of Sale, Delivery and Payment of LEWA Attendorn GmbH I. Applicable Conditions, Conclusion of Contract

  1. The following terms and conditions apply exclusively to orders from and deliveries to "entrepreneurs" within the meaning of § 14 BGB and not to a "consumer" within the meaning of § 13 BGB.
  2. The following terms and conditions shall apply exclusively to all orders. Any conflicting terms and conditions of purchase shall have no legal validity, even if we do not expressly object to them. By placing the order and / or accepting the delivery, the customer accepts our terms and conditions.
  3. The order becomes binding for us with our written confirmation or the start of order execution.

II Offer, cost estimate, prices, reservation of the right to change prices

  1. Our offers as well as the prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding.
  2. Our prices are quoted in Euro ex works plus the respective VAT, excluding packaging, freight, customs and insurance, which will be charged separately if applicable.
  3. In the case of all orders - including orders on call and successive delivery contracts - where delivery is made later than four months after the order has been placed, either in accordance with the contract or at the request of the purchaser, we are entitled to pass on to the purchaser increases in material and wage prices within the scope of and in order to compensate for these price increases between the conclusion of the contract and delivery.
  4. If, between the conclusion of the delivery contract and its execution, a legal change regarding the statutory value added tax comes into force, we shall be entitled to invoice the changed value added tax, also for partial deliveries. This shall also apply to the determination of remuneration rates for the export remuneration or the export merchant remuneration.

III Shipment, Packaging, Costs, Transfer of Risk

  1. Shipment shall be effected for the account and at the risk of the customer. We shall not be liable - even in the case of carriage paid delivery - for damage or loss during transport. Unless otherwise agreed, we shall decide on the type of packaging and dispatch.
  2. If shipment is delayed due to circumstances for which we are not responsible, the risk shall pass to the customer on the day on which the customer is notified that the goods are ready for shipment.

IV. Terms of payment and consequences of non-compliance, set-off

  1. Our claims are payable free of postage and expenses within 30 days after receipt of our invoice or an equivalent list of claims, but no later than 30 days after the due date and receipt of the counter-performance. Thereafter, we shall charge annual interest in the amount of 8 percentage points above the respective base interest rate without the need for a further reminder.
  2. In the case of bills of exchange and cheques, payment shall not be deemed to have been made until they have been honoured. Discount and charges shall be borne by the customer.
  3. We accept bills of exchange and cheques only on account of performance, bills of exchange only after separate agreement. Irrespective of the term of accepted bills of exchange or a granted deferment, our claims shall become due immediately if the customer does not comply with the terms of payment or if circumstances become known which cast doubt on his creditworthiness. In such a case, we shall also be entitled to make deliveries only against advance payment or provision of security or to withdraw from the contract after a reasonable period of grace and/or to demand compensation for damages.
  4. The customer may only offset our claims with undisputed or legally established counterclaims.Delivery periods and liability regulation, force majeure, partial deliveries, deterioration of assets
  1. The delivery period shall commence as soon as all details of the execution, in particular the technical questions, have been clarified, both parties have agreed on all terms and conditions of the transaction and the Purchaser has made the agreed down payment, if any. The delivery period shall be deemed to have been complied with if, by the time of its expiry, the delivery item has left the works or the customer has been notified that it is ready for dispatch.
  2. If our delivery is not made on time for reasons for which we are responsible and also not within a period of grace to be set by the customer in writing, which the customer is also obliged to do if the delivery date is fixed or determinable in terms of calendar, the customer is entitled to withdraw from the contract with regard to the ordered delivery.
  3. The following shall apply to claims for damages due to delayed performance: If we are in default of delivery, with regard to which we are only guilty of ordinary negligence, the amount of the Purchaser's claim for compensation for damage caused by delay proven by him shall be limited to 0.5% for each full week of delay and to a maximum of 5% of the invoice value of the order affected by the delay. If the customer can claim damages in lieu of performance, we shall be liable for damages in the event of a breach of main contractual obligations - i.e. obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the customer may rely on - even in the event of simple negligence; however, any claims shall be limited to compensation for the damage typical for the contract which was foreseeable at the time of conclusion of the contract.
  4. Force majeure or circumstances for which we are not responsible (e.g. operational disruptions, strikes) and which prevent the timely execution of the order shall entitle us to reasonably postpone the performance of assumed obligations or, if performance becomes impossible for us as a result, to withdraw from the contract in whole or in part. The same shall apply if we do not receive from our suppliers the material required for the execution of the order and ordered there, or do not receive it in time, for reasons for which we are not responsible. The prerequisite for withdrawal is that we inform the purchaser immediately of the non-availability and reimburse any counter-performance by the purchaser without delay. In these cases, claims for damages of any kind are excluded.
  5. Partial deliveries are permissible.
  6. In the event of a significant deterioration of the customer's financial situation which occurs after conclusion of the contract or of which we only become aware at that time, we shall be entitled to refuse our performance and to demand that the customer eliminate any risk to the purpose of the contract by providing sufficient security. If the customer does not comply with the demand for the provision of security within a reasonable period of time, we shall be entitled to withdraw from the contract and/or demand compensation for damages.

VI Notice of Defects, Claims for Defects, Liability Regulation

  1. Notwithstanding the more extensive obligations to inspect and give notice of defects existing in the case of a mutual commercial transaction (§ 377 HGB [German Commercial Code]), the customer shall inspect the delivered goods for obvious (open) defects and damage as well as conformity with the order and shall notify us in writing or in text form of any complaints due to such defects - this shall also apply to incomplete or incorrect deliveries - immediately after receipt of the goods and, in the case of such defects which only become apparent later, at the latest within three working days after they have been detected and ascertained by the customer; Otherwise the goods shall be deemed to have been approved in respect of the defect and the customer may no longer derive any rights against us in this respect. In the event of a justified notice of defect, we shall be obliged to rectify the delivered goods free of charge or, at our discretion, to make a replacement delivery. If the rectification of defects or replacement delivery fails despite two attempts or if we refuse to do so without justification or if we unreasonably delay such rectification or replacement delivery, the customer shall be entitled to demand a reduction of the remuneration or, if a construction work is not the subject of the liability for defects, at its option rescission of the contract.
  2. Claims for defects shall not exist if a defect is attributable to instructions or specifications of the Purchaser, to a violation of operating, maintenance or installation instructions, to unsuitable or improper use, to faulty or negligent handling by the Purchaser, to natural wear and tear and to interventions in the delivery item carried out by the Purchaser or third parties.

VII Other liability (limitation and exclusion)

  1. If we violate our main performance obligations, we shall also be liable in the event of simple negligence, however, any claims shall be limited to compensation for the damage foreseeable at the time of conclusion of the contract and typical for the contract.
  2. In all other respects - insofar as the breach of main contractual obligations is not affected and subject to clause 4 below - our liability for damages, irrespective of the legal grounds, including tort, insofar as fault is involved in each case, shall be limited to damage caused by a grossly negligent breach of duty on our part or by a wilful or grossly negligent breach of duty on the part of our legal representatives or vicarious agents. Indirect damage or damage resulting from defects in the delivery item shall only be eligible for compensation if such damage is typically to be expected when the delivery item is used for its intended purpose.
  3. The above exclusions and limitations of liability shall apply to the same extent in favour of our organs, legal representatives, employees and our other vicarious agents.
  4. The above exclusions and limitations of liability shall not apply to damages arising from injury to life, body or health which are based on a negligent breach of duty on our part or an intentional or negligent breach of duty on the part of our legal representatives or vicarious agents. Similarly, claims arising from a guarantee or according to the ProdHaftG remain unaffected.

VIII Industrial property rights, tools, models and drawings

  1. If deliveries are made according to drawings or other information provided by the customer, the latter shall be responsible for the correctness and for ensuring that the industrial property rights of third parties are not infringed.
  2. Tools, moulds, models and equipment required for the ordered goods may be charged by us in full or on a pro rata basis. In this respect, it is agreed that these, should they be paid for in full by the customer, shall become the property of the customer as soon as the agreed remuneration has been paid in full by the customer. If a down payment has been made by the customer, these items shall become the joint property of the customer in the ratio of the agreed remuneration to the down payment. We shall hold these items in safe custody for the customer free of charge. We shall only be obliged to hand them over after the order has been completed in full.

IX. Retention of title

  1. We retain title to the delivery item (reserved goods) until all our claims against the customer arising from the business relationship, including future claims, including those arising from contracts concluded at the same time or at a later date, have been settled. In the case of current accounts, the retained title and all rights shall be deemed security for our entire balance claim plus interest and costs. In the event of seizure or other interventions by third parties, the purchaser must inform us immediately.
  2. The customer is entitled to process and resell the delivery item in the ordinary course of business. This authorisation shall end if the customer is in default of payment, furthermore with the cessation of payments by the customer or if the opening of insolvency proceedings is applied for in respect of his assets (case of security/realisation). He is obliged to resell the reserved goods only subject to reservation of title and to ensure that the claims from the resale are transferred to us in accordance with 5 and 6. The use of the reserved goods for the fulfilment of contracts for work and services and contracts for work and materials shall also be deemed to be a resale. He shall not be entitled to dispose of the reserved goods in any other way, in particular by pledging them or assigning them as security. The assignment of claims arising from the resale of our reserved goods shall not be permitted unless it is an assignment by way of genuine factoring which is notified to us and in which the factoring proceeds exceed the value of our secured claims. Upon crediting of the factoring proceeds, our claim shall become due immediately.
  3. The customer does not acquire ownership of the new item in accordance with § 950 BGB (German Civil Code) by processing the goods subject to retention of title. The processing or transformation is carried out for us without any obligation on our part. The processed goods shall be deemed to be goods subject to retention of title.
  4. In the event of processing, combination and mixing of the reserved goods with other goods, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our ownership lapses as a result of combining, mixing or processing, the customer hereby transfers to us the ownership and expectant rights to which he is entitled in the new stock or item to the extent of the invoice value of the reserved goods, in the case of processing in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used, and shall hold them in safe custody for us free of charge. Our co-ownership rights shall be deemed to be reserved goods.
  5. The customer's claims arising from the resale of the goods subject to retention of title are hereby assigned to us. They serve as security to the same extent as the reserved goods.
  6. If the reserved goods are resold by the customer together with other goods, the claim from the resale shall be assigned to us in the ratio of the invoice value of the reserved goods to the invoice value of the other goods. In the event of the resale of goods in which we have co-ownership shares pursuant to 4., a part of the claims corresponding to our co-ownership share shall be assigned to us. Other claims which take the place of the goods subject to retention of title or which otherwise arise in respect of the goods subject to retention of title, such as insurance claims, claims arising from breach of duty and tort, shall also be assigned.
  7. The customer is revocably entitled to collect the claims assigned to us in his own name. In the event of the occurrence of the security/realisation event, we may revoke the direct debit authorisation. In the event of revocation, the customer authorises us to inform the purchasers of the assignment and to collect the receivables on our behalf. We shall be entitled to demand that our representatives check the status of the assigned claims on the basis of the customer's bookkeeping. The customer shall provide us with a list of the goods subject to retention of title that are still available and all information necessary for the assertion of the assigned claims, including a list of his claims from the resale of the goods subject to retention of title with the names and addresses of the customers.
  8. If the value of the existing securities exceeds the secured claims by a total of more than 10%, in each case with a valuation discount of 1/3 of the purchase price or of the nominal value of the assigned claims, we are obliged, at the request of the customer, to release securities of our choice to this extent, taking into account the interests of the customer. In the case of simple and subsequent retention of title, the value of the securities shall be the invoice value at which the customer purchases the goods from us, and in the case of extended retention of title, the invoice value at which the customer resells our goods. In the case of bills of exchange, cheques, etc., payment shall not be deemed to have been made until they have been honoured by the customer. We accept cheques only on account of performance. Payments made against a bill of exchange issued by us shall only be deemed to have been made when recourse against us by way of cheque and/or bill of exchange is excluded. Notwithstanding our further security rights, the securities granted to us shall remain in force until this time.
  9. On the basis of the retention of title, we can demand the return of the delivery item if we have withdrawn from the contract. We are entitled to withdraw from the contract without regard to the further requirements of § 323 BGB (German Civil Code), in particular without setting a deadline, from the point in time at which the customer is in default of payment in whole or in part. The same shall apply if the customer suspends payments or if an application is made to open composition or insolvency proceedings against his assets. All costs arising from the repossession of the delivery item shall be borne by the customer. We shall be entitled to sell the repossessed delivery item on the open market.Place of performance, place of jurisdiction, applicable law1. The place of performance is the location of our registered office.
  1. The place of jurisdiction for contracts with merchants and legal entities under public law or special funds under public law is the court responsible for our registered office.
  2. German law shall apply to all deliveries and services with the exception of the UN Convention on Contracts for the International Sale of Goods.
  3. The contractual language is German. Should the contracting parties use another language in addition, the German wording shall take precedence.

 

XI Severability clause

  1. Should provisions of these terms and conditions and / or the further agreements be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties are obliged to replace the ineffective condition with a provision that comes as close as possible to it in terms of economic success Status: 01 January 2017LEWA Attendorn GmbH - Am Wassertor 5 - 57439 Attendorn - Tel.: +49 (0) 2722 / 66-0 - kontaktlewa-attendorncom - www.lewa-attendorn.com

Conditions of purchase and delivery

Terms and Conditions of Purchase and Ordering of LEWA Attendorn GmbH

I. Applicable conditions, conclusion of contract

  1. The following terms and conditions shall apply exclusively to our orders. Any conflicting terms and conditions of delivery shall have no legal validity, even if we do not expressly object to them. By accepting the order and/or the delivery, the supplier acknowledges our terms and conditions.
  2. Orders are only binding for us if they have been placed on our duly signed order forms.
  3. If our orders are not confirmed in writing within 8 days, we may withdraw from the order. The confirmation shall state the price and delivery date. Our order number must be stated in all documents. The supplier must adhere exactly to our order and, in the event of deviations, expressly point them out. The same applies if the supplier submits an offer to us.
  4. All agreements made between us and the supplier for the purpose of executing this contract are set down in writing in this contract.
  5. Offers made by the supplier are free of charge and do not create any obligation for us.
  6. Within the scope of reasonableness for the supplier, we may demand changes to the design and execution of the delivery item. In doing so, the effects, in particular the additional and reduced costs as well as the delivery dates, are to be regulated appropriately.
  7. The supplier is not entitled to pass on our orders or contracts to third parties without our consent; otherwise we are entitled to withdraw from the contract in whole or in part and to claim damages.

II Delivery, Delivery Time

  1. Our specifications, drawings etc. must be strictly observed. In the event of excess deliveries exceeding the customary quantity, we reserve the right to return the excess goods at the supplier's expense. Partial deliveries are only permissible with our consent.
  2. The agreed delivery dates are binding and must be adhered to punctually. As soon as the supplier is able to recognise that it is not possible for it to fulfil its contractual obligations in full or in part or not in due time, it must inform us of this without delay, stating the reasons, and give notice of the expected delivery date.
  3. If the supplier does not deliver at the agreed time, he shall be liable for the damage caused by the delay. In addition, we may claim damages in lieu of performance and/or withdraw from the contract in whole or in part if we have unsuccessfully set the Supplier a reasonable deadline for performance or subsequent performance and the Supplier fails to perform or fails to perform as due.

III. Packing

  1. Packaging is to be charged at cost price if the agreed price does not include packaging. The supplier shall choose the type of packaging most favourable to us. We shall reduce any packaging costs that are calculated too high. If the packaging material is returned to the supplier, we shall deduct 2/3 of the invoiced packaging costs. All damage caused by improper packaging shall be borne by the supplier. In the event of non-compliance with packaging regulations, e.g. use of pallets, we shall be entitled to deduct the resulting additional costs from the invoice.

IV. Place of delivery, transfer of risk, shipping instructions

  1. Unless otherwise agreed, delivery shall be made free works duty paid (DDP in accordance with INCOTERMS 2010) including packaging to the address specified by us. The supplier shall bear the risk of accidental loss or deterioration of the delivered goods (material risk) until acceptance of the goods by us or our agent at the place to which the goods are to be delivered in accordance with the order.
  2. Immediately after dispatch, the supplier shall simply send us the dispatch note, which must contain the exact designation, quantity, weight (gross and net), type and packaging of the goods and the object. If the required shipping documents are not delivered in time for a delivery or if the above-mentioned information is missing from the shipping documents, so that the delivery cannot be assigned or processed, the goods will be stored at the expense and risk of the supplier until the shipping documents or the complete information arrive.

V. Acceptance

  1. In cases of force majeure, strikes, lockouts, catastrophes or other circumstances which prevent the timely acceptance of the delivery and for which we are not responsible, we are entitled to postpone our acceptance obligation appropriately or to withdraw from the order in whole or in part if its acceptance and utilisation becomes impossible or unreasonable for us. We will inform the supplier immediately. Claims for damages in this respect are excluded.

 

VI Invoice, Payment

  1. Invoices are to be sent to us by e-mail to invoicelewa-attendorncom; they must contain our order number, the order date and the article number. It is not necessary to send invoices in paper form.
  2. Unless a different payment term is expressly agreed, payment shall be made as follows: We shall pay invoices due in the period from the 01st to the 15th on the 25th of the same month; we shall pay invoices due in the period from the 16th to the 31st on the 10th of the following month, in each case deducting a 3% discount. Any further agreements on discounts, bonuses, etc. shall remain unaffected. The beginning of the stated period shall be determined by the receipt of the goods and the presentation of an auditable invoice. In the event of premature delivery, the period between this and the agreed delivery date or the delivery date specified by us shall be disregarded. If longer payment periods have been agreed in individual cases, these shall take precedence over the above provision.
  3. In the event of payment of the invoice amount prior to receipt of the goods, payment shall be made subject to receipt of the goods; the right to notify defects shall not be affected by premature payment.

 

VII Quality Assurance, Documentation, Outgoing Goods Inspection

  1. The quality assurance agreement concluded with the supplier shall have priority. The supplier is obliged to check his goods for consistent quality and safety in accordance with the latest state of the art and to comply with the agreed technical data and standards. He must carry out and document outgoing goods inspections. Changes to the delivery item require our prior written consent.
  2. The supplier shall record in special records when, in what manner and by whom the delivery items have been tested with regard to the features subject to documentation and what results the required quality tests have produced. The test documents must be kept for at least 15 years and submitted to us if required. The supplier shall oblige sub-suppliers or subcontractors to the same extent within the scope of the legal possibilities.
  3. The supplier shall allow us and our representatives as well as customers to inspect its production facilities after prior arrangement of an appointment.
  4. In the event of product changes, relocation of the production site as well as changes in the manufacturing process, the material and the sources of supply, the supplier must inform us immediately in writing and text form and notify us of any effects on the agreed deliveries.

 

VIII. Notification of defects, liability for material defects and defects of title as well as other breaches of duty, liability periods

  1. We are not obliged to carry out a detailed inspection of incoming goods; we carry out random checks for obvious defects. The values determined by us shall be decisive for quantities, dimensions and weights.
  2. Notices of defects shall be deemed to have been given in due time if obvious (open) defects are notified to the supplier within five working days of receipt of the goods at the latest. We may also give notice of defects which are not apparent (hidden) during the inspection in the ordinary course of business within five working days after discovery and ascertainment of such defects.
  3. The supplier is obliged to provide us with possession and ownership of the goods free of material defects and defects of title. A material defect shall be deemed to exist in particular if, at the time of the passing of risk, the goods do not have the agreed quality and/or are not suitable for the use stipulated in the contract and/or do not retain their quality and/or usability for the usual period of time.
  4. In the event of material defects and defects of title as well as other breaches of duty, our claims and rights shall be governed by the German Civil Code (BGB). In addition to the statutory rights, the following is agreed: If the supplier does not fulfil his obligation to subsequent performance within a reasonable period set by us, we may carry out the subsequent performance ourselves or have it carried out by a third party at the supplier's expense, unless the contractor justifiably refuses subsequent performance. Section 323 (2) of the German Civil Code (BGB) shall apply mutatis mutandis; the setting of a deadline shall also not be required if the subsequent performance has failed or is unreasonable for us. If, in the event of subsequent performance, work (e.g. sorting out, rectification) is necessary at the place or in the plant to which the goods are intended to be delivered, the supplier shall be obliged to carry out or arrange for subsequent performance there at its own expense. In order to avoid a standstill of the production line, this must be done without delay, without the need to set a special deadline in addition to the notification. Otherwise, we and/or the parties concerned in the supply chain shall be entitled to carry out this work or have it carried out at the supplier's expense.
  5. Our claims arising from material defects and defects of title and other breaches of duty by the Supplier shall become statute-barred subject to longer statutory periods or periods agreed in individual cases as well as subject to the provisions in Clauses 6 and 7 at the earliest 5 years after delivery to us. The period shall be extended by any periods during which the limitation period is suspended.
  6. If claims are asserted against us due to defects of the item or other breaches of duty which are based in the sphere of the supplier, the supplier shall indemnify us against all claims of our contractual partners; in the case of claims for damages, however, only insofar as the supplier is responsible for the defect of the item or the other breach of duty. Our claims for damages and indemnification against all damages and expenses shall extend beyond the liability and limitation periods stipulated in Clause 4, but at most up to 10 years from the statutory commencement of the limitation period, as long as we are responsible for the goods procured from the supplier as well as for damages and expenses resulting therefrom for reasons within the supplier's sphere of responsibility. Claims arising from breaches of duty by the supplier which we notify within the liability and limitation period shall become time-barred at the earliest 3 months after notification.
  7. Further claims and longer limitation periods according to the German Product Liability Act (ProdHaftG), from tortious acts, from fraudulent conduct and from a guarantee shall remain unaffected. The supplier undertakes to keep all design and production documents relating to the goods supplied for 11 years and to make them available to us at any time in the event of a product liability claim being made against us.

IX. Industrial property rights of third parties

  1. The supplier shall guarantee that the delivery item is free of third-party rights. He shall indemnify us against all claims of third parties in this respect. This shall also apply with regard to any claims for damages, unless he can prove that he is not responsible for the breach of duty.

 

X. Secrecy, drawings, models, tools

  1. The contracting parties undertake to treat as business secrets all commercial and technical details which are not in the public domain and which become known to them in the course of business relations.
  2. Drawings, models, tools, templates, samples and other documents which we make available to the supplier for the execution of orders are to be treated confidentially and may only be used for the execution of our orders, may not be duplicated and may not be made available to third parties. These items remain our property. The goods produced in accordance with this may not be handed over to third parties either in their raw state or as semi-finished or finished products; the same applies to parts which the supplier has developed according to our specifications.
  3. Sub-suppliers are to be obliged accordingly.
  4. If the supplier produces models, tools or drawings which are required for the processing of the order, these are to be treated confidentially in the same way. It is agreed that these items shall become our property as soon as we have paid the agreed remuneration, or shall become our co-property as soon as we have made a down payment, in the ratio of the agreed remuneration to the down payment. The supplier shall store these items for us free of charge. After completion of the order or the delivery stop, these objects are to be handed over to us.

XI. Assignment, retention of title

  1. Rights and obligations arising from our orders may not be assigned or passed on to third parties. With the exception of extended retention of title, the supplier is not entitled to assign claims against us to third parties.
  2. The supplier retains title to the delivery items until all his claims arising from the business relationship with us have been settled. In the case of a current account, the retained title shall be deemed security for the balance of the account. We shall be entitled to process and resell the delivery items in the ordinary course of business. The use of the reserved goods for the fulfilment of contracts for work and services and contracts for work and materials shall also be deemed to be a resale. In the event of processing, combination and mixing of goods subject to retention of title with other goods, the supplier shall be entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods used. We hereby assign to the supplier all claims arising from the resale or onward delivery, also on a pro rata basis to the extent that the goods have been processed, mixed or blended and the supplier has demanded co-ownership. If the goods subject to retention of title are resold together with other goods, we hereby assign to the supplier the claim arising from the resale in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. The assignments are subject to the condition precedent of the occurrence of the case of security/realisation. The supplier undertakes to release the securities to which he is entitled to the extent that their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 10%.

XII REACH Regulation, Social Responsibility

  1. The Supplier undertakes to comply with the REACH Regulation (Registration, Evulation, Authorisation of Chemicals) and to provide us with all necessary information regarding the contractual products in a timely manner.
  2. The supplier undertakes to pay its employees at least the legally prescribed minimum wages - in Germany in compliance with the Minimum Wage Act - and to oblige its subcontractors accordingly. At our request, he shall provide evidence of the payment of the minimum wages by him and the companies he has engaged for the execution of the order.

 

XIII Place of performance, place of jurisdiction, applicable law

  1. The place of performance is the location of our registered office.
  2. The place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law shall be the court having jurisdiction over our registered office.
  3. German law shall apply to all orders, deliveries and services with the exception of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German. Should the contracting parties use another language in addition, the German wording shall take precedence.

XIV Severability clause

  1. Should provisions of these terms and conditions and / or of the further agreements made be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties are obliged to replace the ineffective conditions with a regulation that is equivalent to them in terms of economic success. Status: 01 January 2017LEWA Attendorn GmbH - AmWassertor 5 - 57439 Attendorn - Tel.: +49 2722 66-0 - kontakt@lewa-attendorn.com - www.lewa-attendorn.com