Purchasing conditions

Purchasing conditions for companies:

• HEINZ-GLAS GmbH
• HEINZ Holding GmbH
  
• HEINZ International
• Glas Technik Piesau
• HEINZ GLAS + Plastics Vertriebsgesellschaft

1. General

The purchasing conditions listed below apply to all business relations with our suppliers. Suppliers recognize our purchasing conditions as the sole legal basis and as binding for the present contract to be concluded and for all future business relations between us. No reference to different conditions of the supplier cannot be conceived as recognition of them; such different conditions are expressly not accepted. Any differing agreement requires our express written consent. Otherwise, any difference to our conditions is to be considered a rejection of the order; if a delivery is made in spite of this, consent of the supplier with our conditions is understood.

2. Contract conclusion

Only written orders signed by an authorized company representative are valid. Changes and additions by the supplier are not valid without our consent. Agreements made by telephone require written confirmation. On principle, a contract concluded by implied behavior only becomes valid a written order from us.

3. Prices

Prices valid subject to special agreements delivered free, incl. packaging.

4. Payment

Our payment terms are as follows if no special ones have been agreed upon: within 14 days with deduction of 3 % discount; within 30 days net; invoices for prepayment are not issued.

5. Delivery time

The delivery time indicated in the purchase order shall be binding. The supplier commits to notify us immediately in writing if circumstances arise or become evident to him that make it so that the obligatory delivery deadline cannot be met. In the event of a delay in delivery, we shall be entitled to the statutorily mandated claims. In particular, after fruitless expiration of a reasonable grace period, whereby an express threat of withdrawal is not required, we shall be entitled to damages in lieu of performance. Force majeure releases us from our acceptance obligation.

6. Packaging

The supplier shall pay all packaging costs. Lent packaging is to be marked as such and sent back at the supplier's expense. The supplier is liable for damaged goods due to insufficient packaging.

7. Defects

The seller assures the fact that defect-free goods are supplied; the seller also assures that defects shall not occur before the end of a one-year period. If a defect is detected within this warranty period, the period of limitations starts for this defect with the detection. For deliveries and services that are defect, we can complain about outstanding defects within one month after receiving the delivered object and return them to the agreed-upon reception place, hidden defects within one month after their discovery. We have unrestricted right to legal warranty claims; independent of that, we are empowered to demand elimination of defects or a replacement delivery from the supplier according to our choice. In this case, the supplier is obligated to pay all costs for eliminating defects or providing a replacement delivery. The right to compensation for damages, especially for damages in lieu of performance, is expressly retained.

8. Compensation for damages

We shall demand compensation for damages in the amount of the damages incurred, but at least 20% of the purchase price, for late or defect deliveries and services that result in disruptions or shutdown of operational processes. This especially applies to properties of deliveries and services expressly assured in the contract. This amount is to be set higher or lower if we prove a higher damage or the supplier a lower one.

9. Safety regulations

The delivered object must correspond to the recognized rules of technology, the equipment safety law, the directive about hazardous work materials, the law about protecting against hazardous materials, the safety regulations of the professional association and other relevant safety regulations, and accident prevention regulations.

10. Producer liability

Insofar as the supplier is responsible for product damages, the supplier is obligated to release us from claims of third parties for compensation for damages on initial request if the cause is in his sphere of control and organizational area and he is liable externally. In the context of this liability for a case of compensation for damages, the supplier shall be obliged to refund any expenses resulting from or arising in connection with a recall pursuant to Subsections 683 and 670 of the German Civil Code as well as pursuant to Subsections 830, 840 and 426 of the German Civil Code. Other claims remain unaffected.

11. Transfer of risk

The company/person paying the freight charges is responsible for risks until the place of fulfillment pursuant to the agreed-upon freight terms.