1. Orders and agreements are only binding if they are issued or confirmed by us in writing. Services for which a written order has not been placed shall not be binding on us and shall not be paid for, even if such services were provided at the request of our personnel. These General Terms and Conditions of Purchase and Delivery apply to all orders and deliveries, including those that are not the subject of a purchase contract.
   These General Terms and Conditions of Purchase and Delivery become part of the contract upon acceptance of the order. The terms of delivery enclosed with your offer or order confirmation shall not apply even if we do not expressly object to them. Payments or acceptance of services by us shall not constitute acknowledgement of any terms and conditions of sale/delivery of the supplier. Other terms and conditions shall only apply if and insofar as they are expressly recognized by us in writing.
2. Unless otherwise agreed, the prices are fixed.
3. The agreed delivery dates are binding, with the exception of force majeure. If you are in default with your performance, we shall be entitled, at our discretion, to demand subsequent delivery and compensation for late delivery or, instead of performance, compensation for non-performance or to withdraw from the contract. You must inform us immediately of any delays in delivery that are recognizable to you.
4. During production and until delivery of ordered items, we may inspect materials, production processes and other work serving to provide the contractual service. If the inspection is not permitted without good cause, we shall be entitled to withdraw from the contract without you being able to demand compensation or payment for the services rendered to date. The same applies if defects or deviations from the contractual agreements are discovered during the inspection. Instead of withdrawing from the contract, we are also entitled to demand immediate rectification. We may also demand a report on the items ordered by us at any time, in particular on the status of their manufacture. Acceptance tests required in the course of production must be notified in good time to enable our participation. If we have not made use of our rights within the meaning of this clause, this cannot be held against us.
5. The delivery item must comply with the material specifications designated by us as well as the DIN, VDE and similar regulations. Hazardous materials must be packaged and labeled in accordance with the applicable laws and the corresponding safety data sheets must be supplied. Dangerous goods must also be packed and labeled in accordance with the applicable laws, the dangerous goods classification or, if applicable, the note "no dangerous goods" must be indicated on the delivery bill.
   The delivery or service must be carried out in such a way that the legal and official regulations applicable to us on the delivery date, in particular EU directives, equipment safety law, accident prevention and other occupational safety regulations as well as the generally recognized safety and occupational health rules are observed.
   The CE mark must be clearly visible, the declaration of conformity must be included. Packaging materials should be CFC-free, chlorine-free, chemically inactive, groundwater-neutral and non-toxic when incinerated. You are obliged to dispose of your waste, packaging etc. on your own responsibility and free of charge for us. If you do not comply with this agreement, we will dispose of the waste at your expense without setting a further deadline.
6. You are liable for ensuring that your delivery is free of third-party rights and that no patents or other property rights of third parties in Germany or abroad are infringed by your deliveries and their contractual utilization.
7. Shipping documents and invoices must be marked with our order number, the supplier number, the delivery point and the material quantity. The individual containers of the delivery must be labeled with our goods description.
   In the event of non-compliance, we reserve the right to charge you for the resulting costs.
8. Unless otherwise agreed, our payments are made with a 3% discount on the first payment date, which is two weeks after receipt of the goods and receipt of the invoice, or after 30 days without discount.
   Invoices must be issued stating the order number, supplier number and the name of the responsible employee. In future, please only use the following address for the electronic dispatch of invoices and credit notes rechnung@ersoma.de. Please issue your invoices and credit notes to our head office without exception, even if the order was placed by one of our branch offices. This address should also be used as the postal address if you are unable to send us your invoice online. In the case of electronic dispatch, additional invoices should not be sent by post.
   Our company address is:
   ERMAFA Sondermaschinen- und Anlagenbau GmbH
   Otto-Schmerbach-Straße 19
   09117 Chemnitz

If the goods are received later than the invoice or if the invoice is incomplete, the date of receipt of the goods or the date of receipt of the proper invoice shall be decisive for the calculation of the discount period. A delivery/service made before the agreed date shall not affect the payment deadlines tied to the contractual date.

Without our prior written consent, which may not be unreasonably withheld, the supplier is not entitled to assign its claims against us or to have them collected by third parties.

9. You are aware of the intended purpose of the contractual service. You warrant the suitability of the service for the intended purpose. Unless otherwise agreed, the best quality of material and workmanship shall be deemed agreed.
10. Warranty and liability shall be governed by the statutory provisions, unless otherwise agreed or otherwise regulated in these terms and conditions. We may also demand rectification of defects. The objection of late notification of defects and unconditional acceptance is excluded. In urgent cases or if you do not fulfill your warranty obligations immediately, we are entitled to replace or repair defective parts at your expense and to remedy any damage incurred. The warranty period for the relevant parts shall recommence in the event of replacement delivery or rectification of defects.
11. If claims are asserted against us for violation of official safety regulations or for other legal reasons under domestic or foreign law, we shall be entitled, taking into account the principle of good faith, to demand compensation from the supplier for the damage incurred by us in accordance with the provisions of the law applied to us (principles of liability), insofar as his deliveries or his conduct were defective and the cause of the damage, unless the supplier proves that the damage was unavoidable and unforeseeable. In cases in which recourse is to be expected, we are prepared to inform the supplier of the claims made against us and the measures taken by us. By acknowledging receipt of delivery items and by accepting or approving submitted drawings, we do not waive warranty claims and other rights
12. Our order and all related commercial and technical details must be kept secret by the supplier. The supplier may only refer to the business relationship with us if we have agreed to this in writing.
13. The place of performance for deliveries and services is the place of receipt specified by us. Unless otherwise specified, the place of performance is Chemnitz.
14. In addition to these General Terms and Conditions of Purchase and Delivery, the law of the Federal Republic of Germany shall apply without fail.
    The invalidity of individual provisions shall not affect the validity of the remaining provisions of these Terms and Conditions. The place of jurisdiction is Chemnitz. We may also bring an action before the courts having jurisdiction for the registered office of your company or before those courts before which third parties assert claims against us for circumstances causally connected with their deliveries, services and other obligations.

Status: 01.09.2020