Allgemeine Lieferungs- und Zahlungsbedingungen

General Terms of Delivery and Payment
1. Scope of validity, applicable law
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Umform- und Bearbeitungstechnik
(1) The following terms apply for deliveries and services provided to persons who act by concluding the contract in
the performance of their professional activity in a commercial or self-employed capacity (entrepreneurs) and to
legal entities under public law or a special fund under public law.
(2) Deliveries and services shall be rendered solely in accordance with our General Terms of Delivery and
Payment, which the purchaser acknowledges on receipt of our order confirmation and not later than on receipt
of the ordered goods. Divergent terms of purchase of the purchaser do not become part of the contract even
when the order is accepted.
(3) Orders, additional arrangements, amendments and other agreements shall not be effective without our written
confirmation.
(4) The information and illustrations in our brochures and catalogues represent approximate values that are
customary in the industry except where we have explicitly designated them as binding. They do not constitute
any warranty.
2. Confidentiality
(1) The purchaser shall use all documentation (this also includes samples, models and data) and knowledge that
he gains through the business relationship, plus all design services and suggestions provided by us for the
design and production of the forgings, solely for the purposes jointly pursued and shall keep them secret from
third parties with the same care as he would do so with similar documents or knowledge of his own where we
designate them as confidential or have an obvious interest in keeping them secret. This obligation commences
when the documents are first received and ends 36 months after the end of the business relationship.
(2) The obligation does not apply for documents and knowledge that are generally known or that were already
known to the purchaser when received without his being obliged to secrecy, or that are then passed on by a
third party authorised to do so or that have been developed by the purchaser without use being made of our
documents or knowledge that is subject to the secrecy obligation. This obligation also does not apply for
documents and knowledge that must be disclosed as a result of statutory obligations or the injunction of a court
or authority. Consultants may be allowed access to confidential information provided that they are bound by the
obligation to professional secrecy or that they have undertaken beforehand to observe the secrecy obligation of
this contract.
3. Ownership of tools, equipment, drawings and documents
The tools and devices created for manufacturing the forgings remain - irrespective of the calculation of cost
shares - as much our property as are the drawings we make available to the purchaser or technical
documentation about the goods to be supplied or their manufacture.
4. Samples and production resources
(1) The manufacturing costs of samples and production resources (tools, patterns, templates etc.) are, except
where otherwise agreed, invoiced separately from the goods to be supplied. The invoice amount is due for
payment immediately without any deduction. This also applies for production resources that must be replaced
owing to wear.
(2) The costs for repair and appropriate storage and the risk of damage or destruction to the production resources
shall be borne by us.
(3) Should the purchaser suspend or terminate the cooperation during the preparation phase of the samples or
production resources, he shall bear all manufacturing costs incurred up to that point.
(4) The production resources shall remain in our possession even after the purchaser has paid for them.
Production resources can be released if a mutual agreement is reached on this and the purchaser has fulfilled
his contractual obligations in full.