here<\/a>.<\/p>\n\n\n\n\u00a7 1 Contractual Basis<\/h3>\n\n\n\n
1)\n We order exclusively on the basis of our General Purchasing Conditions.\n Other conditions shall not become the subject terms of a contract, even\n if we do not expressly object to them. In the event that we accept \ndeliveries or performance from our suppliers, even without explicit \nobjection, under no circumstances can this be taken to infer that we \nwould have accepted other conditions or terms. These General Purchasing \nConditions also apply to all future contractual relationships with our \nsuppliers, even when we do not specifically refer once again to the \napplicability of these Conditions.<\/p>\n\n\n\n
2) Our Purchasing Conditions are being unconditionally accepted by our suppliers with the execution of our order.<\/p>\n\n\n\n
3)\n All agreements that contain an amendment, supplement or more detailed \nspecification of these contractual conditions, as well as those \ncontaining special warranties and arrangements, are to be put down in \nwriting. If they are stated by representatives or auxiliaries of Double \nQ, they are binding only when Double Q grants its written consent \nthereto.<\/p>\n\n\n\n
\u00a7 2 Conclusion of the Contract<\/h3>\n\n\n\n
1) \nProposals and\/or offers must correspond to our enquiries; alternatives \nare welcome and to be denoted as such. Proposals, offers and cost \nestimates submitted to us are free of charge and non-binding.<\/p>\n\n\n\n
2) \nIf our suppliers do not accept our order in the form of a written order \nconfirmation within 4 work days following receipt, we are entitled to \ncancellation.<\/p>\n\n\n\n
3) Only orders issued in writing are legally \nbinding. Orders issued verbally or via telephone require subsequent \nwritten confirmation by our executive management to attain legal \nvalidity. The same applies to verbal ancillary agreements and amendments\n to the contract. Orders, call-off orders and amendments or supplements \nthereto may equally take place via remote data transmission or via \nmachine-readable data storage media. E-mails encrypted in compliance \nwith the German Digital Signature Act are equivalent to the written \nform.<\/p>\n\n\n\n
\u00a7 3 Prices<\/h3>\n\n\n\n
1) The prices agreed are fixed \nprices and understood to be subject to the respectively applicable \nadditional VAT. They rule out subsequent claims of any nature \nwhatsoever. Charges for packaging and delivery to the shipping address \nand\/or point of use designated by us, as well as the costs for customs \nformalities and customs duties, are included in the prices.<\/p>\n\n\n\n
\n2) We reserve the right to approve overdeliveries or underdeliveries.<\/p>\n\n\n\n
\u00a7 4 Performance and Shipment<\/h3>\n\n\n\n
1)\n Our purchase order number, project number and article description are \nto be indicated on shipping documents, consignment notes, bills of \nlading, invoices and all correspondence with us. We reserve the right to\n refuse acceptance in the event of unlabelled or incorrectly labelled \nmerchandise, as well as in the absence of shipping documents.<\/p>\n\n\n\n
2) \nShipping occurs at the risk of the supplier. The risk of any \ndeterioration whatsoever, including accidental loss, consequently \nremains with our supplier until delivery to the shipping address and\/or \npoint of use desired by us.<\/p>\n\n\n\n
\n3) Insofar as certifications regarding tests on materials are agreed, \nthey constitute an essential component of the delivery and must be \nreceived together with the merchandise.<\/p>\n\n\n\n
\n4) In the event of faulty delivery, we are entitled to withhold payment \nin proportion to the value until proper fulfilment has been rendered. A \npayment made by us does not signify any acknowledgement whatsoever of \nthe invoicing involved, nor does it signify freedom from deficiency in \nperformance.<\/p>\n\n\n\n
\u00a7 5 Packaging, Labelling<\/h3>\n\n\n\n
1) The\n obligation on the part of our suppliers with regard to taking back \npackaging conforms to statutory provisions. The merchandise is to be \npackaged in such a manner that transport damages are averted. Packaging \nmaterials are to be utilised solely to the extent necessary to achieve \nthis purpose. Only environmentally friendly packaging materials are \nallowed to be used. The supplier takes back the packaging from us at its\n own expense upon request.<\/p>\n\n\n\n
\n2) All goods are to be delivered in units of identical items without mixing them.<\/p>\n\n\n\n
\n3) All package units are to be labeled with the following data on the \nfront side using a minimum German standard DIN A5-sized format:<\/p>\n\n\n\n
\n– article description
\n– article number (Double Q article number)
\n– quantity per packaging unit
\n– Double Q order number
\n– packaging date
\n– weight per item<\/p>\n\n\n\n
\u00a7 6 Certificates of Origin, Proof of Compliance with Sales Tax Laws, Export Restrictions<\/h3>\n\n\n\n
\n1) Certificates of origin requested by us shall be made available \npromptly by the contractor, including all necessary information and \nproperly signed. The equivalent applies to proof of compliance with \nsales tax laws in the case of deliveries from abroad and intra-Community\n supplies.<\/p>\n\n\n\n
\n2) The supplier shall notify us promptly when a shipment, whether in \nwhole or in part, is subject to export restrictions pursuant to German \nor other legislation.<\/p>\n\n\n\n
\n\u00a7 7 Place of Performance, Transfer of Risk<\/h3>\n\n\n\n
\nOur registered office is the place of performance for the delivery and \nperformance obligation, as well as for all other obligations resulting \nfrom the contractual relationship. Risk devolves upon us following \nacceptance approval when merchandise is handed over in the event of \ndelivery including setting-up or assembly, as well as in the case of \nperformance-related services to be rendered successfully.<\/p>\n\n\n\n
\n\u00a7 8 Issuing of Invoices and Payment<\/h3>\n\n\n\n
\n1) Once delivery has occurred, invoices are to be submitted to us in \nduplicate separately in proper form together with all associated \ndocuments and data. Improperly submitted invoices are not deemed by us \nas received until the date of subsequent correction thereof.<\/p>\n\n\n\n
2) \nCalculated pursuant to delivery\/performance and receipt of the invoice, \npayment ensues in accordance with customary business practice, either \nwithin 14 calendar days less a 3% early payment discount, or after 30 \ncalendar days as the full net sum.<\/p>\n\n\n\n
\n3) Invoices are to be billed in euros. Payments are to be remitted in euros.<\/p>\n\n\n\n
\n\u00a7 9 Collateral Security<\/h3>\n\n\n\n
If we remit advance payments on \nour order, we are entitled to stipulate the transfer of the \ncorresponding materials by way of security at any time, particularly of \nthose objects ordered or currently being processed.<\/p>\n\n\n\n
\n\u00a7 10 Assignment, Subrogation, Change in Company<\/h3>\n\n\n\n
\n1) The supplier may not assign claims against us, neither in whole nor \nin part, without our explicit prior consent; we shall not withhold \nconsent without good cause.
\n2) For assignments based on extended retention of title, consent is \ndeemed to have been granted from the outset, subject to the proviso that\n we reserve all rights vis-\u00e0-vis the assignee that we would be entitled \nto without the assignment vis-\u00e0-vis the supplier, including rights \nstemming from other contractual relationships.
\n3) The supplier may not transfer the fulfilment of its contractual \nobligations to third parties, neither in whole nor in part, without our \nexplicit prior consent. If this consent is granted, the contractor \nremains accountable and is jointly and severally liable.
\n4) The supplier is to notify us promptly of any transfer of contract \noccurring by operation of law and of any change to its company.<\/p>\n\n\n\n
\n\u00a7 11 Delivery Date, Delayed Delivery<\/h3>\n\n\n\n
\n1) The agreed delivery dates are binding. Decisive for adherence to the \ndelivery date or period of delivery is the receipt of goods at the \nreceiving station and\/or point of use specified by us, or the timeliness\n of successful acceptance. Consequently, designated delivery dates are \nfundamentally arrival dates for incoming goods and not dates of \ndeparture from the supplier’s premises.
\n2) If the supplier realises that an agreed deadline cannot be kept for \nany reasons whatsoever, the supplier is to notify us of this promptly in\n writing while stating the reasons and indicating the prospective \nduration of the delay.
\n3) In the event that binding dates of delivery or performance are \nexceeded, the supplier is in default, even without this necessitating an\n explicit monition on our part.
\n4) Following fruitless expiration of a reasonable deadline set by us, we\n are entitled \u2013 at our discretion \u2013 to demand compensation instead of \nthe deliverable involved and\/or to obtain a substitute from a third \nparty. The entitlement to the deliverable is ruled out as soon as we \nhave demanded compensation in place of the deliverable.<\/p>\n\n\n\n
\n\u00a7 12 Guarantee, Warranty, Product Liability<\/h3>\n\n\n\n
\n1) The supplier guarantees and assures that all deliveries\/deliverables \nare in conformity with the latest technology and comply with pertinent \nstatutory provisions as well as with regulations and directives issued \nby government agencies, co-operative associations for professions and \nfederations of specialists.<\/p>\n\n\n\n
2) At the time risk is \ntransferred, all deliverables on the part of the supplier must \ncorrespond to the characteristics designated in our order and be \nunconditionally suitable for the customary operational period of use and\n the purpose set out in the contract or, in the event that such purpose \nis not specified, be unconditionally suitable for the purpose for which \nsaid deliverables are customarily utilised.<\/p>\n\n\n\n
3) In the \nevent of material defects and deficiencies in title pertaining to \ndeliverables on the part of the supplier, the statutory provisions apply\n with the proviso that, in the case of purchase agreements, delivery \ncontracts for work and services and contracts for work and services, we \nare entitled to the right to choose regarding the nature of subsequent \nperformance: rectification or substitute delivery. We are entitled to \nset a reasonable time limit for subsequent performance, except where \nsubsequent performance is untenable for us. In addition to cases \nregulated by law, an untenability of this nature can, in particular, \nalso result from an impending unreasonable delay or an uncertain \nprospect of success in relation to equipment, plants or facilities \nbearing a relevance to safety or those necessary for operations or \nbusiness. A mutual stipulation of a subsequent period for performance \nhas the same legal implications as the setting of a time limit by us.<\/p>\n\n\n\n
4)\n Without prejudice to statutory entitlements, even in the case of \npurchase agreements and delivery contracts for work and services, in the\n event of material defects and following the fruitless expiration of a \ndeadline set for subsequent performance pursuant to Section 637 of the \nGerman Civil Code (\u201cBGB\u201d), we are entitled to a right to remedy said \ndefects ourselves along with an entitlement to advance payment.<\/p>\n\n\n\n
5)\n Insofar as statutory or contractual provisions in force entitle us to \nrescission in the event of non-rendered or not properly rendered \nperformance, and to the extent that this non-fulfilment or poorly \nrendered fulfilment is limited to a definable segment of the \ndeliverable, rescission can be restricted to this segment while \nupholding the remainder of the contract.<\/p>\n\n\n\n
6) Upon \nexercising the right to rescission due to non-rendered or not properly \nrendered performance, as well as in the event of entitlement to \ncompensation instead of the deliverable involved, if performance or the \nremainder thereof must be awarded elsewhere we are entitled \u2013 without \nprejudice to statutory rights \u2013 to a claim to advance payment in a \ncommensurate amount due to the costs to be expected. In this case we are\n obliged to obtain multiple tenders solely to the extent that no \nsubstantial time delays or disruptions of operational, production or \nbusiness workflows arise or threaten to arise. We invoice for own \nwork\/performance at market prices on an arm\u2019s length basis.<\/p>\n\n\n\n
\n7) Insofar as inspection of the deliverable and complaint notification \npursuant to Section 377 para. 1 of the German Commercial Code (\u201cHGB\u201d) is\n incumbent upon us, two weeks from the time of delivery are available to\n us for the timely fulfilment thereof. The complaint regarding a \ndeficiency which first becomes apparent at a later date is to be \nreported in a timely manner pursuant to Section 377 para. 3 of the \nGerman Commercial Code (\u201cHGB\u201d) up to two weeks after discovery of the \ndeficiency have elapsed.<\/p>\n\n\n\n
\n8) If a material defect becomes apparent within six months since the \ntransfer of risk, it shall be presumed that the item was already \ndefective at the time of the transfer of risk unless this presumption is\n inconsistent with the nature of the item or the defect.<\/p>\n\n\n\n
\n9) In the case of deliveries\/deliverables on the part of the supplier \nand equally in the case of supplies or ancillary deliverables on the \npart of third parties, the supplier obligates itself to utilise \nenvironmentally friendly products and processes within the framework of \neconomical and technical options. The supplier is liable for the \nenvironmental compatibility of the products and packing materials \ndelivered and for all consequential damages that arise due to the \nbreaching of the supplier\u2019s statutory obligations for disposal.
\nThe supplier is obligated to hand over the respective material safety \ndata sheets (MSDS) applicable for its delivery together with the \ndelivery. The supplier indemnifies us against all recourse claims by \nthird parties in the event that the material safety data sheets are not \ndelivered to us or are supplied at a later date. The same applies to all\n amendments made at a later date.<\/p>\n\n\n\n
\n10) In fulfilment of our obligation to mitigate damage, minor \ndeficiencies can be resolved by us on our own without the warranty \nobligation being affected as a result. We may subsequently charge the \nnecessary expenses incurred at the expense of the supplier.<\/p>\n\n\n\n
\n11) Insofar as it has not been explicitly agreed otherwise, the \nstatutory warranty period applies. The warranty period for replacements \nand\/or spare parts is two years following installation\/commissioning and\n ends, at the latest, four years after delivery. As applies to supplied \nparts which were unable to be kept in operation during the investigation\n of a defect and\/or the rectification of a defect, an ongoing warranty \nperiod is extended to include the duration of the disruption of \noperations. As applies to mended or newly supplied parts, the warranty \nperiod commences anew with the completion of rectification or, when \nacceptance approval must occur, upon acceptance approval.<\/p>\n\n\n\n
\n12) If claims are lodged against us due to violation of official safety \nregulations or on the basis of domestic or foreign product liability \nregulations or laws due to a defectiveness of our product which is \nattributable to merchandise from the supplier, we are entitled to \nrequest compensation for this damage on first demand insofar as the \ndamage has been caused by products delivered by the supplier. Said \ndamage equally encompasses the costs of a precautionary recall campaign.\n To the extent possible and within reason, we shall notify the supplier \nregarding the content and scope of recall measures to be implemented and\n give the supplier the opportunity to state its position.
\nThe supplier shall label its delivery items in such a manner that they are sustainably identifiable as its products.
\nThe supplier is to carry out quality assurance which is suitable in \nterms of both nature and scope and complies with the latest technology, \nand must provide us with proof thereof upon request. Insofar as we deem \nit to be necessary, the supplier shall conclude a corresponding quality \nassurance agreement with us. In addition, the supplier shall take out \ninsurance in a commensurate amount against all risks resulting from \nproduct liability, including risk of recall, and present the insurance \npolicy to us for inspection upon request.<\/p>\n\n\n\n
\n\u00a7 13 Industrial Property Rights<\/h3>\n\n\n\n
\n1) The supplier guarantees that all deliveries are devoid of rights on \nthe part of third parties and, in particular, that patents, licenses or \nother industrial property rights are not being infringed upon through \nthe delivery and use of the delivery items.<\/p>\n\n\n\n
\n2) The supplier indemnifies us and our customers upon first demand in \nwriting against claims on the part of third parties arising from any \ninfringements of protective rights and also bears all costs that arise \nfor us in conjunction with this.<\/p>\n\n\n\n
\n3) We are entitled to obtain permission to utilise the delivery items \nand deliverables in question from the entitled party at the supplier\u2019s \nexpense.<\/p>\n\n\n\n
\n\u00a7 14 Non-Disclosure, Rights of Ownership, Customer Protection<\/h3>\n\n\n\n
\n1) Our suppliers obligate themselves to treat all commercial or \ntechnical details, know- how, particularly final artwork, layouts, \nsamples or other information pertaining to design and construction, \nwhich become known to them via the business relationship (\u201cconfidential \ninformation\u201d) as a trade secret. Subsuppliers are to be equivalently \nobligated and named upon request by us. If our supplier becomes aware \nthat confidential information has come into the possession of an \nunauthorised third party or a confidential document has been lost, the \nsupplier shall promptly notify us thereof.<\/p>\n\n\n\n
\n2) We retain the rights of ownership and copyrights to all drawings, \ndrafts, computations and other documents, as well as other confidential \ninformation, entrusted to the supplier towards preparing a tender or \nproposal and, in the case of orders and\/or a commission, entrusted to \nthe supplier towards the execution thereof. These documents and \nconfidential information may be disclosed to third parties solely with \nour written consent. The supplier is to treat them as confidential, keep\n them inaccessible to third parties, and surrender them to us at any \ntime upon request, at the latest promptly following implementation of \nthe contract. The supplier is accountable for the proper safekeeping of \nthese documents and is liable for loss and damage. Irrespective of other\n rights, in the event of a breach of the confidentiality requirement we \ncan withdraw from all contracts still in effect with the supplier \nwithout having to pay compensation to the supplier.<\/p>\n\n\n\n
\n3) The supplier is to obligate its staff and subsuppliers to \nconfidentiality under the same conditions as it has obligated itself \ntowards us.<\/p>\n\n\n\n
\n4) The commodities manufactured in accordance with these documents and \nthose documents drawn up for us in conjunction with the execution of the\n order may be disclosed to third parties solely with our consent.<\/p>\n\n\n\n
\n5) The obligation to non-disclosure remains equally in effect following \nsettlement of a contract, except with regard to a breach whereby the \nconfidential information becomes commonly known prior to such breach.<\/p>\n\n\n\n
\n6) Upon termination of the business relationship, documents received are\n to be returned to the contractual partner without being requested to do\n so.<\/p>\n\n\n\n
\n7) If the supplier has not obtained our explicit prior consent, the \nsupplier obligates itself to refrain from: establishing contact with \ncustomers in a respective project or with their commissioning parties or\n other parties involved in the respective project; accepting or \ntransacting contracts on its own for said customers and\/or said parties \ninvolved. This equally applies for the time frame of one year following \ncompletion of the project, as well as to the conclusion of contracts \nand\/or work resulting from said project.<\/p>\n\n\n\n
\n\u00a7 15 Rights of Use<\/h3>\n\n\n\n
\nUpon payment of the agreed remuneration in full, Double Q acquires the \nunlimited right to put all accomplishments rendered by the supplier for \nthe project in the areas of design and development, in particular \nsketches, final artwork, layouts, samples, models, ideas, concepts and \nconstruction drawings along with the know-how generated on the occasion \nof enacting the project (referred to collectively as \u201coutputs\u201d) \u2013 \nindependent thereof, whether the respective outputs exhibit the \nnecessary threshold of originality pursuant to Sections 2 ff. of the \nGerman Copyright Act (\u201cUrhG\u201d) \u2013 into practice and to utilise said \noutputs without chronological and geographical restriction for all forms\n of deployment, means and measures. All rights of use to those outputs \nrendered by the supplier in the course of the project but not chosen for\n implementation equally devolve upon Double Q. The supplier is not \npermitted to make those outputs rendered by the supplier within the \nscope of the project accessible to third parties or to utilise said \noutputs for its own purposes.<\/p>\n\n\n\n
\n\u00a7 16 Retention of Title, Tools<\/h3>\n\n\n\n
1) Insofar as we provide the \nsupplier with parts, we retain title thereto. If the item provided by us\n is compounded in an inseparable manner with other objects that do not \nbelong to us, we consequently acquire co-ownership of the new item in \nproportion to the value of the retained item to other compounded objects\n at the time of compounding. If compounding occurs in such a manner that\n the supplier\u2019s item is to be viewed as the principal item, it is thus \ndeemed to be agreed that proportional co-ownership shall be assigned to \nus; the supplier holds the sole ownership or co-ownership in custody on \nour behalf.<\/p>\n\n\n\n
\n2) We retain title to tools. The supplier is obligated to utilise the \ntools exclusively for the manufacturing of those goods ordered by us. \nThe supplier is obligated to insure those tools belonging to us against \nfire, water and theft damage at original value at its own expense. The \nsupplier is obligated to carry out any necessary maintenance work and \ninspections in a timely manner and at its own expense. The supplier is \nto notify us promptly of any malfunctions or disruptions. If the \nsupplier culpably fails to do so, we reserve the right of assertion of \nclaims for damages.<\/p>\n\n\n\n
\n\u00a7 17 Impediments to Performance, Legal Status of Subcontracted Suppliers<\/h3>\n\n\n\n
\n1) If the supplier is impeded or believes to be impeded in fulfilling \nthe contract, the supplier is to notify us of this promptly while \nstating the causes and prospective duration of the impediment.<\/p>\n\n\n\n
\n2) The supplier is liable for subcontracted deliveries to the same \nextent as for its own deliveries. In the event of suspicion of a defect \nor damage in conjunction with parts delivered by a subcontracted \nsupplier within contractual performance or in conjunction with \ndeliverables from subcontractors, the supplier is obligated to provide \nus with information upon request regarding the subcontracted supplier, \nintermediaries or subcontractors, as well as regarding all details and \ninformation necessary towards the assertion of claims against them.<\/p>\n\n\n\n
\n\u00a7 18 Partial Ineffectiveness\/Place of Jurisdiction<\/h3>\n\n\n\n
\n1) Should individual components of these General Purchasing Conditions \nbe or become legally ineffective, this shall not impair the \neffectiveness of the remaining provisions as a result.<\/p>\n\n\n\n
\n2) Insofar as the customer is an entrepreneur as defined by Section 14 \nof the German Civil Code (\u201cBGB\u201d), Hamburg, Germany shall be agreed as \nthe place of jurisdiction for all disputes arising within the course of \ntransacting this contractual relationship. However, we reserve the right\n to assert our claims at any other permissible place of jurisdiction.<\/p>\n\n\n\n
\n3) Supplementary to these Conditions, the laws of the Federal Republic \nof Germany exclusively apply under exclusion of the rules governing \nconflicts of law in private international law and the UN Convention on \nContracts for the International Sale of Goods (CISG).<\/p>\n","protected":false},"excerpt":{"rendered":"
General Purchasing Conditions at Double Q GmbH (German Limited Liability Company) You can download this document here. \u00a7 1 Contractual Basis 1) We order exclusively on the basis of our General Purchasing Conditions. Other conditions shall not become the subject terms of a contract, even if we do not expressly object to them. In the event that we accept deliveries … <\/p>\n
Read More<\/a><\/div>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":60,"comment_status":"closed","ping_status":"closed","template":"template-blank-1.php","meta":{"ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","footnotes":""},"class_list":["post-236","page","type-page","status-publish","hentry","no-post-thumbnail"],"featured_image_src":null,"featured_image_src_square":null,"_links":{"self":[{"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/pages\/236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/comments?post=236"}],"version-history":[{"count":0,"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/pages\/236\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.doubleq.de\/en\/wp-json\/wp\/v2\/media?parent=236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}