General terms and conditions of purchase of blogfoster GmbH
§1. General Provisions
§1.1 Only these terms and conditions shall apply to all orders placed by blogfoster GmbH, unless expressly agreed otherwise. Terms and conditions of the contractor in his general terms and conditions or order confirmation are hereby expressly rejected. Unconditional acceptance of order confirmations or deliveries does not imply recognition of such conditions.
§1.2 By making the first delivery under these Terms and Conditions of Purchase, the Supplier acknowledges their exclusive applicability to all further orders.
§1.3 Purchase orders and orders 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. blogfoster GmbH has the right to terminate all contracts immediately without notice to the end of the month. In the event of invalidity of the above provision, the law shall apply.
§2. Delivery Periods, Delivery Dates
§2.1 The delivery periods or dates stated in orders are binding and are to be understood as arriving at the place of performance.
§2.2. blogfoster GmbH shall be entitled to refuse to accept goods and services that are not delivered on the delivery date specified in the order and to return them at the expense and risk of the contractor or to store them with third parties and reject them.
§3. Quality and Acceptance
§3.1 The Contractor warrants that the goods and services comply with the agreed scope, relevant standards and the state of the art.
§3.2 blogfoster GmbH reserves the right to inspect the goods and services immediately upon receipt for obvious and visible defects and to accept them only thereafter. In the event of a complaint, the contractor may be charged with the costs of inspection and replacement delivery. In the case of any type of defect, the period for giving notice of defects shall be 14 days in each case from the time of their detection. During the warranty period, the Contractor waives the objection of late notification with regard to hidden defects.
§3.3 The values determined during the incoming goods inspection shall be binding for dimensions, weights and quantities of a delivery.
§3.4 In the event of an agreed contractual penalty for delayed delivery, the claim to contractual penalty shall remain valid even if it is not expressly asserted at the time of acceptance of the delivery. Further claims shall likewise remain valid without special reservation upon acceptance.
§4 Prices and terms of payment
§4.1 Agreed prices are maximum prices; price reductions in the period between the order and payment of the invoice shall benefit blogfoster GmbH.
§4.2 Invoices shall be issued immediately after dispatch of the goods, stating the order and item number. The sales tax is to be shown separately.
§4.3 Payment shall be made subject to proper delivery as well as price and arithmetical correctness. If a defect subject to warranty is discovered, blogfoster GmbH shall be entitled to withhold payment until the warranty obligation has been fulfilled.
§4.4 Invoices are payable within 30 days less 3% discount, within 60 days net from the date of invoice.
§5 Set-off and assignment
§5.1 The Contractor shall only be entitled to set-off with undisputed or legally established claims.
§5.2 The assignment of claims against blogfoster GmbH shall only be effective with the latter's written consent.
§6.1 The warranty obligation of the contractor shall be governed by the statutory provisions, unless otherwise stated below. The contractor shall indemnify blogfoster GmbH upon first request against all claims by third parties that are raised on account of defects, infringement of third-party property rights or product damage to his delivery due to his share of responsibility. The contractor assures the existence of an appropriate product liability insurance.
§6.2 The warranty period shall be at least 12 months from delivery at the place of performance. If the statutory warranty period is longer, this shall apply.
§6.3 In the event of defective delivery, the contractor shall, at the option of blogfoster GmbH, provide a replacement free of charge, grant a price reduction in accordance with the statutory provisions on reduction or remedy the defect free of charge. In urgent cases, blogfoster GmbH shall be entitled - after consultation with the contractor - to remedy the defects itself or have them remedied by a third party or otherwise procure a replacement at the expense of the contractor. The same shall apply if the Contractor is in default with the fulfillment of its warranty obligation. If, in accordance with the statistical test procedure specified in the order, it is determined that the maximum permissible defect percentage has been exceeded, blogfoster GmbH shall be entitled to assert claims for defects with regard to the entire delivery or to inspect the entire delivery at the expense of the contractor after prior consultation with the contractor.
§6.4 The contractor shall be liable for replacement deliveries and rectification work to the same extent as for the original delivery item, i.e. also for transport, travel and labor costs, without limitation hereof. The warranty period for replacement deliveries shall commence at the earliest on the date of arrival of the replacement delivery.
§6.5 The Contractor shall be obliged to reimburse reasonable costs for a recall action based on product liability law. A notification for comment will be sent to the contractor by blogfoster GmbH as soon as possible beforehand.
§7. Information and data
Drawings, designs, samples, manufacturing instructions, internal company data, tools, equipment, etc., which we have provided to the contractor for the purpose of submitting an offer or executing an order, remain our property. They may not be used for other purposes, reproduced or made accessible to third parties and must be kept with the care of a prudent businessman.
§8. Property rights of third parties
The contractor assures that the rights of third parties do not conflict with the intended use of the purchased goods and services, in particular that the property rights of third parties are not infringed. If claims are nevertheless made against blogfoster GmbH due to a possible infringement of third party rights, such as copyrights, patents and other industrial property rights, the Contractor shall indemnify him against such claims and against any performance in connection therewith.
§9. Data Protection
The Contractor declares its revocable consent to the processing of personal data provided in compliance with the statutory provisions.
§10. Severability Clause
Should individual provisions of these General Terms and Conditions be or become null and void, the remaining provisions shall remain in effect.
§11. Place of Performance / Place of Jurisdiction / Legal Status
§11.1 The place of performance for the delivery is the registered office of blogfoster GmbH.
§11.2 German law shall apply exclusively.
§11.3 The place of jurisdiction is the registered office of blogfoster GmbH, Friedrichstraße 187, 10117 Berlin.
§12. Deviating agreements
Agreements that deviate from the content of these general terms and conditions of purchase are only valid if they are accepted by us in writing.
Status: January 2019, download as PDF