Supplier Quality Assurance Agreement Westfalia

Our purchase conditions also apply to all future transactions with the supplier. In this case, the supplier must send us all the components necessary for manufacturing, especially the tools. If there are reasons for a significant deterioration in the supplier`s financial situation, so that its delivery capacity and availability are concretely compromised, we are entitled to immediately terminate the contractual relationship with the supplier and to proceed with a timely delivery by other means. Our terms of purchase apply exclusively; We do not recognize any different or contrary supplier requirements; Nor do they apply in cases where the supplier again confirms different conditions or where the goods are accepted in the awareness of the different conditions of the supplier. The supplier does not have the right to transfer all or part of the performance of the contract to third parties without our written consent. If we grant such an authorization, it does not limit the obligations of the supplier. The (additional) items developed by us in collaboration with the supplier can only be delivered to us. The delay begins when the delivery operation to the place or place where the goods are shipped at a later date, including to the intended destination where the supplier is aware of that location is complete. The delivery operation is particularly complete when the goods have been reached and unloaded on the company`s website listed as a delivery address and can be verified according to the smooth running of the operations. If the supplier is responsible for the damage caused to the products, it is obliged to exempt us from third-party claims.

Fees must be reimbursed. If poor quality or false goods are delivered, we have the right to store the goods at the supplier`s expense or to return it „carriage forward“. Our obligation to immediately notify outstanding defects (s. 377 al. 1 HGB) is fulfilled if the notification of claim is sent to the supplier within 8 business days. The same is true after the discovery of hidden defects, Article 377, paragraph 3, of the HGB. The supplier guarantees that the delivery does not violate any third-party rights. If third-party claims are filed against us regarding delivery, we are free. This obligation to compensate also covers our expenses.

The supplier must purchase insurance for the tools at its own cost at the replacement value. The supplier must carry out regular maintenance at his own expense. Suppliers guarantee the underwriting and maintenance of product liability insurance as soon as the contract is concluded, with an insurance amount of 10 million euros per person per claim. If the components provided, especially the tools, are affected or lost, the supplier must pay compensation. The supplier must indicate in writing who inspected the security elements of the delivery; The test result is recorded. These documents must be kept for at least ten years and made available to us without delay upon request. The supplier must manufacture, maintain and replace, if necessary, the facilities necessary for the manufacture of the goods (models, templates, descriptions, dies, tools, types, drawings, etc.). If components are provided, they remain our property. The supplier must keep all the components provided separately, even if they are billed, manage with the help of an ordinary businessman and use it only for our orders. The supplier and any other supplier, particularly subcontractors, may only use the manufacturing facilities covered in paragraph 1 for the execution of the contract.