The quantities stated correspond to the demand for the period specified in the framework agreement. These are approximate figures which may be subject to fluctuations customary in the market. If quantities of less than 90% are exhausted at the end of the term, agreements will be made on this, based on point 11. Residual quantities of less than 10% shall be forfeited.
The prices quoted are fixed prices. valid for the agreed contract period.
3. contract period
This contract is valid for the term stated in the respective framework contract
4. delivery schedules
The individual call-offs in the agreed batch size shall take the form of written purchase orders relating to this framework agreement.
5. lot size
The delivery lot size specified in the respective framework agreement is agreed for the corresponding article. Quantity deviations due to production technology are only permissible up to a size of minus 5% or plus 10%.
6. partial deliveries
Partial deliveries that deviate from the agreed delivery lot size are generally only possible after approval by HUMBACH. Any additional costs (transport costs, etc.) arising from partial deliveries shall be borne by the supplier.
7. swap bodies / packaging
Insofar as no other packaging is described in the framework agreement, the supplier shall use suitable packaging. If HUMBACH prescribes interchangeable containers, only these containers shall be used. The supplier shall notify HUMBACH of the need for containers in good time before delivery. Deviating packaging is only possible with the consent of HUMBACH; additional costs due to non-compliance, if the supplier is responsible, will be invoiced to the supplier or deducted from the invoice amount. The container account will be kept by the supplier and sent to HUMBACH on request.
8. delivery times
The delivery period from the day of the call-off (order) to delivery is the period specified in the item description. Call-offs (orders) are always made on a fixed date. This date is binding. If the delivery date is exceeded, the supplier shall be in default of delivery from the first day. HUMBACH may pass on to the supplier any additional costs incurred as a result of exceeding the delivery date (e.g. covering purchases, reworking of other articles, etc.).
9. production release
In the case of parts to be supplied for the first time, a written delivery release by HUMBACH is required (TL).
We request single (original) invoices. We request separate invoices, delivery notes, etc. per order number. No collective receipts!
11. design changes / standards
Quality and design changes of any kind may only be made by the supplier during the term of the contract after consultation with and written approval by HUMBACH. Where standards are specified, the latest edition shall be authoritative. In the event of changes to drawings or regulations on the part of HUMBACH, an assurance is given that any stocks of the old version still available will be accepted with binding effect up to an amount of 3 batch sizes (see point 5), but limited to a maximum of the total quantity specified in the framework agreement less the quantity of parts already delivered.
12. tool renewals
In some cases, tools are used for the manufacture of delivery items that were specially manufactured for deliveries to HUMBACH (punching tools, dies, etc.). In the event that these tools have to be renewed, the supplier will be informed accordingly without being asked so that any necessary changes to the delivery item can be incorporated in the new production of the tool.
If the preparation of works certificates has been agreed, these certificates shall be sent with the goods. If certificates are not available upon receipt of the goods, we reserve the right to reject the delivery. If the goods are nevertheless accepted, this shall be with reservation. The works certificate must then be delivered within three working days. If this is not done, HUMBACH reserves the right to have a certificate issued at the supplier's expense.
14 Withdrawal / Suspension
This framework agreement can be cancelled by HUMBACH for the following reasons: a) in the event of unsatisfactory quality, i.e. if the supplier again delivers defective goods after a warning for defective delivery has been issued b) if the agreed delivery dates are exceeded, if the supplier is responsible for the exceeding of the deadline. Such a case shall occur if, within the term of this framework agreement, the specified date has been exceeded by more than three working days or delivered 5 days too early in the case of three deliveries. If the supplier should deliver further articles and there are also missed deadlines there, HUMBACH shall also be entitled to withdraw from this framework agreement if the supplier has exceeded the specified delivery dates by three days or fallen short of the specified delivery dates by five days for all articles a total of ten times in one calendar year. c) if there is no agreement between the contractual partners in the event of changes to the product design. d) if the product is no longer required by HUMBACH for technical or commercial reasons. With regard to points c) and d), HUMBACH undertakes to accept any remaining quantities in accordance with the provision under point 11.
15. quality agreement
The supplier guarantees absolutely perfect quality using the specified or best suited and tested materials. The execution must comply with our corresponding delivery specifications and drawings. The delivered parts are safety components that are subject to high stresses. If agreed, corresponding certificates shall be issued (see clause 13). If, in the course of his work, the supplier notices characteristics in the product which conflict with safe and proper use, the purchaser must be informed without being asked.
16. quality defects
The supplier undertakes to take back parts which do not meet HUMBACH's requirements. The supplier shall receive a quality deviation report on the quality defects. We expect a corresponding statement within five working days. In the event of a return delivery, the supplier will be given the opportunity to make up for this at his own expense. In the event of scheduling difficulties, HUMBACH reserves the right to have the parts reworked at the supplier's expense after consultation with the supplier.
17. product optimisations
The supplier is obliged to inform the purchaser of any potential for optimisation of the article to be delivered without being asked to do so.
18. non-disclosure agreements
The supplier undertakes to use all knowledge gained within the framework of the business relationship with the purchaser - both of a technical and commercial nature - only for the purpose of fulfilling the contract with HUMBACH and not to pass it on to third parties. This agreement shall also survive the term of this framework agreement. In the event of violations, the supplier may be liable for damages.
19 Severability clause
Should one of the aforementioned points prove to be invalid, the contract as a whole shall remain unaffected. Both parties undertake already now to replace the possibly ineffective point by a new formulation corresponding to the sense 20. Written form Agreements and supplements regarding the framework contract must be in writing.