{"id":23592,"date":"2023-10-04T08:41:23","date_gmt":"2023-10-04T06:41:23","guid":{"rendered":"http:\/\/beta.jordanlacke.de\/?page_id=23592"},"modified":"2025-01-24T11:20:50","modified_gmt":"2025-01-24T10:20:50","slug":"general-terms-and-conditions-of-purchase","status":"publish","type":"page","link":"https:\/\/jordanlacke.de\/en\/general-terms-and-conditions-of-purchase\/","title":{"rendered":"General terms and conditions of purchase"},"content":{"rendered":"
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General terms and conditions of purchase<\/h1>PLANTAG Coatings GmbH, BLC Lack Chemie GmbH, PLANTAG Lacke GmbH<\/span><\/div> <\/div>\n\n <\/div>\n <\/section>\n \n\n
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1. APPLICABILITY OF OUR GENERAL TERMS AND CONDITIONS OF PURCHASE<\/strong><\/h3>\n

1.1<\/strong> These General Terms and Conditions of Purchase (hereinafter also referred to as Terms and Conditions) apply if we purchase services of any kind from the contractual partner.<\/p>\n

1.2<\/strong> Our Conditions of Purchase apply exclusively. They also apply to future transactions with the contractual partner. General terms and conditions of the contractual partner that deviate from our conditions of purchase are not valid. This also applies if we accept services from the contractual partner and the contractual partner refers to its own conditions. However, the following conditions of purchase do not apply if the contractual partner is a consumer within the meaning of \u00a7 14 of the German Civil Code (BGB) (i.e. a natural person who concludes a legal transaction with us for a purpose that cannot be attributed to his or her commercial or self-employed professional activity).<\/p>\n

1.3<\/strong> In existing framework agreements, changes to our conditions of purchase will be notified to the contractual partner in writing. They shall be deemed to have been approved if the contracting party does not object in writing within one month of receipt of the notification. We will make a special reference to this episode when it is announced.<\/p>\n

2. ORDERS<\/strong><\/h3>\n

2.1<\/strong> Orders are placed by us in writing or in text form; verbal (telephone) orders require our written confirmation or confirmation in text form. Written confirmation\/confirmation in text form is not required:<\/p>\n

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  • in the case of declarations by our managing directors and authorized signatories within the scope of their power of representation<\/li>\n
  • for declarations by employees to whom we have granted power of representation contrary to the foregoing and\/or for employees who, despite the foregoing, act with prima facie and\/or toleration power of attorney and\/or<\/li>\n
  • for agreements made after the conclusion of the contract.<\/li>\n<\/ul>\n

    2.2<\/strong> Contracts are concluded by our order and the order confirmation of the supplier.\u00a0If the supplier does not reject our order within a period of 3 working days after receipt, the order confirmation with the content of the order shall be deemed to have been issued.<\/p>\n

    3. DOCUMENTS, CONFIDENTIALITY, MATERIAL\/TOOLS PROVIDED, ACQUISITION OF OWNERSHIP<\/strong><\/h3>\n

    3.1<\/strong> All order documents provided by us to the contractual partner (samples, recipes, and similar information of a physical or intangible nature, also in electronic form) remain our property and may not be brought to the attention of third parties and may not be used for competition purposes. The Contracting Party may not use these order documents to provide services to third parties. If the contract is not concluded, as well as after completion of the order, the documents must be returned to us free of charge by the contractual partner. The Contracting Party is not entitled to make and retain copies.<\/p>\n

    3.2<\/strong> The Contracting Party is obliged to make all information that is expressly designated by us as confidential or whose need for secrecy results from the circumstances accessible to third parties only with our express consent.<\/p>\n

    3.3<\/strong> If we have provided the contractual partner with material for the provision of the service for us, this remains our property. The contracting party undertakes to treat it with care and will insure it against fire, water and theft as if it were his own property. Claims against the insurance company for these items are hereby assigned to us. All compounding, processing and mixing of the material is done for us. In the case of combination, processing and mixing, we acquire co-ownership of the new item in proportion to the value of our item to the other items at the time of processing, mixing or combination. If the combination or mixing takes place in such a way that the object of the contracting party is to be regarded as the main thing, we already agree with the contracting party that co-ownership of the main thing is transferred to us in the ratio in which the value of our object stands to the value of the main thing. The contractual partner shall keep the co-ownership for us free of charge.<\/p>\n

    3.4<\/strong> If, according to the content of the contract, the Contracting Party is entitled to demand an advance payment, we have already agreed with the Contracting Party that we acquire ownership of the consideration with the payment of the advance payment, subject to conditions precedent. If the contracting party is still in possession of the item, he will henceforth keep it for us free of charge; any claims for restitution against third parties regarding the subject matter of the service are hereby assigned to us. Commercial rights of retention of the contractual partner remain unaffected by our acquisition of ownership. For the rest, our property acquired in accordance with the above shall henceforth be subject to No. 3.3.<\/p>\n

    Upon request, the contractual partner must prove to us that there are no third-party rights to the items to be transferred to us in accordance with the above, no supplier retention of ownership, transfer of title by way of security in favor of banks, etc., and landlord liens.<\/p>\n

    The provisions of this No. 3.4 shall apply mutatis mutandis to final payments\/advance payments.<\/p>\n

    4. DELIVERIES, PLACE OF PERFORMANCE<\/strong><\/h3>\n

    4.1<\/strong> The delivery of the goods shall take place at the expense and risk of the contractual partner free of charge to the agreed delivery address within the Federal Republic of Germany. If no delivery address has been agreed, the delivery will take place at our place of business. This applies accordingly to other services, provided that an item has to be transported. The risk of accidental loss and accidental deterioration shall pass to us upon unloading of the goods\/completion of the service at the above-mentioned location.<\/p>\n

    4.2<\/strong> The deliveries must comply with the respective legal regulations and the agreed packaging units in terms of presentation and content.<\/p>\n

    4.3<\/strong> The exclusive place of performance for all services is the place of delivery, in the absence of a contractual agreement on our business address.<\/p>\n

    5. SOCIAL STANDARDS<\/strong><\/h3>\n

    When providing services to us, minimum social standards must be observed. The supplier guarantees that the provisions of national labor law are complied with, considering international agreements, particularly the ILO. It shall ensure that the products are not produced by children or forced labor, that employees receive wages in accordance with applicable laws and\/or the standards of the local manufacturing industry, that the maximum working hours per week do not exceed 48 hours and the number of overtime hours per week do not exceed 12 hours, that employees are entitled to one day off after six working days, that there will be no discrimination on grounds relating to the personality or beliefs of the individual employee and that workers will not be restricted in their right to form and join organizations and to bargain collectively. In addition, the supplier must ensure safe and healthy working conditions and comply with environmental and safety regulations.<\/p>\n

    The supplier shall oblige subcontractors accordingly.<\/p>\n

    6. INFORMATION ON DELIVERY NOTES AND INVOICES; DOCUMENTS TEST CERTIFICATES<\/strong><\/h3>\n

    6.1<\/strong> Each consignment must be accompanied by the corresponding delivery note without any indication of the price. It must be specified how many shipping units the entire shipment consists of. The package with the delivery note must be clearly marked.<\/p>\n

    Each shipping unit must be labelled with the information required by the packaging instructions.<\/p>\n

    In all documents of the supplier (particularly in delivery notes and invoices), at least the following data must be indicated in typescript for the ordered\/delivered articles:<\/p>\n