For our –also future –orders and contracts exclusively the following conditions of purchase are decisive. Any change to these terms and conditions require written confirmation from us to be effective. Contrary terms and conditions are hereby expressly contradicted. They are not recognized even if we do not contradict them again after receipt by us. The supplier acknowledges the solve validity of our conditions of purchase with the acceptance, latest with the execution of the order, even if it refers to its own conditions. The acceptance of deliveries and services or their payment does not constitute acceptance of the terms and conditions of the supplier.
Offers of the supplier are binding for us and free of charge. Orders are only valid if they are made in writing or confirmed by us in writing. Verbal and telephone agreements require our written confirmation to be valid. Each order is to be confirmed immediately with indication of the binding delivery time. All documents, samples, models and drawing made available to us in connection with an order and inquiries remain our property. They must be carefully kept and treated by him and must not be made available to third parties or used for their own purposes. After completion of our order, these documents must be returned to us free of charge.
The agreed prices are fixed and include all additional costs. They apply to the receiving station. Changes due to subsequent increases in any costs, taxes etc. are excluded.
The agreed delivery dates are binding and must absolutely be adhered to. In particular, the reservation of timely self-supply is excluded. If the deadline is exceeded, we will give the supplier an adequate period of grace. If he does not deliver with the set grace period, we are entitled either to withdraw from the contract or to claim damages for non-performance. This does not affect our claim to payment of an agreed contractual penalty. If we claim damages for non-fulfillment, the agreed contractual penalty pursuant to §§341 (2), 340 (1) BGB shall be conducted. If, as result of force majeure, the supplier is unable to meet a delivery date, he must inform us immediately after having grained knowledge of the impediment. In this case, we are entitled either to postpone the acceptance period or, if our interest in the delivery is substantially reduced, to withdraw wholly or in part from the contract. The supplier cannot derive any claims from this. In particular, the supplier is not entitled, in case of force majeure etc. at its sole discretion withdraw from the contract or make price increases.
Delivery is free place of use. All transport costs including packaging, insurance etc. shall be borne by the supplier. The risk passes to us upon receipt of the goods. For every consignment, a dispatch note on the day of shipment has to be send to us, stating the day of shipment, our order number, exact number of pieces, description of the items and the individual weight or dimensions. Each consignment must be accompanied by a delivery note. All rail shipments are to be directed to destination. The supplier is liable for all damages, costs, penalties, etc. arising from the non-observance of this provision. Partial deliveries are only permitted by written agreement; otherwise we can refuse the acceptance. In any case, partial deliveries are not regarded as independent transactions and must be marked in writing.
The warranty period for the absence of defects of the delivery and the presence of guaranteed properties is 24 months from receipt of the goods by us. Obvious defects will be reported to us immediately after receipt of the goods. If there is a defect at a later date, we will reprimand it immediately after its discovery. The notice period is respected if we submit the complaint at the latest within two weeks after receipt of the goods or after discovery of the defect.
VI. General liability regulation
The supplier exempts us from all claims of third parties, which assert these against us due to poor performance of the supplier.
The supplier is obligated to transfer unconditional ownership of the delivered goods to us at the latest upon delivery. The supplier has to transfer the delivered goods free of third party rights. We do not recognize a prolonged or forwarded retention of title by the supplier. Assignments and pledges of claims against us are only permissible if the assignee or seizure creditor exempts us from double claim in case of erroneous payment to the previous creditor on the basis of an express written agreement.
VIII. Property rights of third parties, public law standards
The supplier is liable for the fact that the goods, samples, brands which are supplied by him, are free from third party rights of any kind and third party property rights, in particular patents, are not violated. He is also liable for ensuring that the delivered goods comply with all legal requirements. The supplier shall indemnify us against all claims for damages by third parties in the event of infringement of private rights or public law.
The invoice must be submitted twice after the delivery. Monthly bills has to be sent twice as well.
X. Place of Performance and Jurisdiction
Place of fulfillment is Leuna. Jurisdiction is Merseburg/ Halle (Saale)
XI. Applicable law
For supply agreement the law of the Federal Republic of Germany applies. The Incoterms in their current version apply.
XII. Data Protection
We collect, store and process data from our business relationships with suppliers in compliance with the provisions of the European General Data Protection Regulation (EU GDPR).
XIII. Dispute resolution
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
Code of Conduct for suppliers
The ADDINOL Lube Oil GmbH takes responsibility for the implementation of ethical, social and ecological standards in the company. Furthermore, we strive to optimize our products and our entrepreneurial actions in the sense of sustainability. We expect the same from all our suppliers as well as from the entire supply chain.
The principles of this Code of Conduct are an integral part of supplier selection and evaluation. The parties to the contract undertake to comply with the principles and requirements of this Code of Conduct. If a supplier violates these principles, it is ADDINOL's discretion to terminate the business relationship, including all associated supply contracts.
- Fairness, loyalty and partnership-based reconciliation of interests
- Compliance with national and international trade laws and regulations, in particular the rules of antitrust law
- Compliance with national and international competition law
- Confidentiality and data protection
- Securing intellectual property rights
- Rejection and exclusion of all forms of manipulation, bribery and corrupt behavior
- Adherence to social standards and fair compensation for employee performance
- Ensuring health-related working conditions and working hours in the workplace
- Exclusion of any form of forced labor or child labor
- Respect for human rights
- Acceptance of the co-ordination rights of employees
- Compliance with all applicable environmental, health and safety regulations
- Identify, assess and minimize emergency situations, and conduct training
- Sustainable ecologically oriented action
- To promote the development and production of environmentally friendly products throughout their life cycle