Pegasus Components

General terms and conditions of business of Pegasus Components GmbH, terms and conditions of purchase

§ 1 Validity of the terms and conditions

  1. The general terms and conditions below form the basis for all orders, supply contracts, services and orders.
    The supplier hereby also acknowledges these terms and conditions of purchase for all future transactions as being binding, even if these are not expressly agreed once again. The supplier also hereby waives the validity of its own terms and conditions of sale and delivery, which shall not become part of the contract either implicitly or by means of acceptance of the delivery.
  2. Deviating general terms and conditions of business of the contracting partner shall only become part of the contract if confirmed by us in writing.

§ 2 Terms and conditions of purchase

We place orders exclusively in accordance with our terms and conditions of purchase. These apply to the entire duration of the business relationships with the suppliers and manufacturers. Terms and conditions of our suppliers and manufacturers which conflict with these conditions of purchase shall only apply if their validity has been expressly acknowledged by us in writing Silence on our part in relation to terms and conditions of our suppliers and manufacturers which are worded differently shall not be deemed to represent agreement or acknowledgement, also in any letters of confirmation, orders or declarations. At the latest at the time when the goods are delivered to us by the supplier or manufacturer, our terms and conditions of purchase shall be deemed to have been acknowledged in a binding manner in the respective form.

  1. Written form
    Oral orders and agreements shall only take legal effect when confirmed by us in writing; the same applies to oral amendments or additions to written orders, as well as to any decision to omit the written form clause.
  2. Prices
    The prices stated are exclusive of value added tax. Customs charges and duties, transportation, packaging and insurance costs, as well as other ancillary expenses will only be remunerated separately if expressly agreed.
  3. Delivery and service
    The delivery dates stated in our order are binding and delivery is to take place to the agreed receiving location. The supplier must deliver the goods to the receiving location named by us at its own risk. Should the supplier become aware that it cannot comply with a delivery date, it must inform us of such immediately in writing.
    We are entitled to refuse the acceptance of goods which are delivered prior to the delivery date stated in the order or to return the goods which have been delivered early at the expense and risk of the supplier or to store these with a third party.
    Should we be prevented from carrying out acceptance due to unforeseeable and unusual circumstances which we cannot defend against with reasonable care (for example operational disruptions, strikes), the time of acceptance will be postponed for the duration of the hindrance. Should acceptance be impossible for more than six months due to the circumstances referred to above, both parties shall be entitled to rescind the contract.
  4. Acceptance and inspection of the goods
    The acceptance note from the receipt location designated by us will be issued subject to an inspection concerning correct dimensions, quantity and quality.
    We are entitled to carry out the inspection by means of random samples. Should the permitted threshold quality be exceeded, we are entitled to reject the goods in full or to carry out a 100 percent check at the expense and risk of the supplier and to request that the defective goods be replaced. In case of an objection, we reserve the right to pass on the costs for the inspection of the replacement delivery. We will raise a complaint in relation to reduced or incorrect deliveries or obvious defects within ten days. We will raise a complaint in relation to hidden defects within ten days of discovery. This also applies to goods which are resold by us.
  5. Returns
    The return of goods in relation to which an objection has been raised will take place by means of debited back of the invoice amount at the expense and risk of the supplier. Replacement deliveries are to be invoiced once again, stating the number of our return and chargeback notification.
  6. Warranty
    The supplier shall incur liability for the full functional capability of the delivered goods in accordance with the instructions of the manufacturer, as well as for the highest possible degree of care during the packaging and delivery of the goods.

    Defects in relation to the goods, even if these have not been discovered during the taking of random samples, shall entitle us
    a) to reduce the purchase price or
    b) request improvement or
    c) carry out the improvement ourselves at the expense of the supplier, should the supplier have entered default in relation to the improvement, should risk exist in case of delay or should particular urgency exist,
    d) or request a replacement delivery or
    e) rescind the contract in full or in part without the payment of compensation.
    The right to bring damages claims, in particular due to non-fulfilment, shall remain expressly reserved.
    Unless otherwise agreed, the warranty period shall be 24 months from the time of acceptance of the delivery.

  7. Technical state and use of the goods
    Any intended technical or cosmetic changes must be submitted to us for approval.
  8. Payment
    Unless otherwise agreed, payment will be made within 14 days of receipt of the invoice with a 2% discount or within 30 days net.
  9. Assignment
    The assignment of claims against us is only valid with our written agreement, with the exception of the house bank or the factoring company of the seller.
  10. Validity
    The supplier hereby acknowledges these terms and conditions of purchase for all future transactions as being binding and is also hereby waives the validity of their own terms and conditions of sale and delivery, which shall not become part of the contract either implicitly or by means of acceptance of the delivery.
  11. Partial invalidity
    Should any provisions of this contract be invalid for any reasons, this shall not affect the applicability of the remaining clauses.
  12. Place of jurisdiction and place of fulfilment
    (1) The place of jurisdiction for all disputes and legal relationships is Munich, Germany.
    (2) The place of fulfilment is Munich, Germany.
  13. Applicable law
    The law of the Federal Republic of Germany shall apply to these terms and conditions of purchase and all legal relationships between the parties in connection with our orders. The uniform United Nations laws governing the sale of goods shall not apply.

General terms and conditions of business of Pegasus Components GmbH, terms and conditions of purchase
As of 05.04.2002