Status: July 2024
I. General information
a. These General Terms and Conditions for Contract Manufacturing shall apply to all contracts concluded by Ruschmeier & Bohnenkamp GbR (hereinafter referred to as ‘Client’) for the provision of services or work, in particular with regard to the manufacture or processing of parts or the assembly of components (hereinafter referred to as ‘Delivery Items’). They shall also apply to future business relationships, even if they are not expressly agreed again. Deviating general terms and conditions of the Client shall not apply; this shall also apply if the Client does not expressly object to deviating general terms and conditions.
b. The manufacturer of the delivery items is hereinafter referred to as the ‘Contractor’.
II Performance by the Client, change in performance
a. The scope and details of the services to be provided by the Contractor shall be determined by the Client's specifications.
b. If the Client requests changes to the content and scope of the services, the Contractor shall immediately determine any time delays and possible additional expenses resulting from the requested changes and the parties shall immediately negotiate a corresponding adjustment to the contract. If the parties fail to reach an agreement, the Client shall be entitled to receive the changes as requested without further costs or delay.
III Co-operation of the Contractor
a. The Contractor shall be obliged to provide the service in full at no additional cost to the Client. In particular, he shall provide plans, drawings, materials and tools in good time. The Client shall only inspect these items if this has been separately and expressly agreed in writing.
IV. Provision of tools and material
a. Provided material (in particular raw material, semi-finished products, components, assemblies, devices, software and other items), 3D models, drawings and provided tools (hereinafter collectively referred to as ‘provided items’) shall not become the property of the Contractor. The Contractor shall also not become the owner of new items created by processing, combining or mixing with items owned by the Contractor. If the material owned by the Contractor represents only a fraction of the new item, the Contractor shall not become the owner of the newly created item on a pro rata basis either.
b. The costs of packaging, transport and transport insurance for items provided shall be borne by the Contractor. The Contractor shall fully inspect items provided upon delivery and examine any recognisable deviations in quantity. The Contractor shall inform the Client of any recognised transport damage and recognised deviations in quantity as well as other material defects immediately upon discovery. The Contractor shall assert claims for defects with the transport service providers or suppliers of the items provided at its own expense; it shall also bear the costs of returning or scrapping any items provided.
c. Items provided shall be stored by the Contractor with care so that they remain in the quality delivered for at least one year. The Contractor shall bear the risk of accidental loss and accidental deterioration of items provided. The Contractor is obliged to adequately insure the items provided, in particular against theft, damage and transport damage.
d. Transport containers provided by the Contractor shall be returned by the Contractor as soon as they are no longer required; the costs for this shall be borne by the Contractor.
e. Material to be processed and other items provided must comply with the applicable specification and be suitable for the provision of services by the Contractor. The Contractor shall be liable for all damage caused by defective items provided. He shall also bear the costs and risk of rejects being produced as a result of defective items provided. Production losses and rejects to the extent that is technically customary and customary in the trade shall be borne by the Contractor. The Contractor may not deliver items with deviating dimensions, weights or quantities.f. Tools and production equipment provided must be safe and comply with accident prevention and safety regulations.
V. Transfer of risk, acceptance, export control, confidentiality
a. The risk shall pass to the client when the delivery item has arrived at the client's premises and has passed the quality control. The client may refuse acceptance in the event of a minor defect.
b. Partial deliveries are permissible, provided they are reasonable for the client and do not involve higher costs.
c. The parties undertake to keep the business secrets of the other party confidential.
Ruschmeier & Bohnenkamp GbR
René Ruschmeier and Thomas Bohnenkamp