Conformity and information requirements
- The supplier undertakes to comply with the REACH regulation (regulation EG No. 1907/2006) regarding the goods delivered to the Lubmann GmbH factory, including packaging. The supplier is obliged to register all materials delivered to Lubmann GmbH himself or by pre-suppliers (before), provided that registration obligations under REACH apply. If the supplier does not have to register himself according to the REACH regulation, he obliges his upstream suppliers to comply with their obligations under REACH.
- The supplier undertakes to transmit all information and documentation required by the REACH regulation to Lubmann GmbH within the deadlines specified in REACH, or to forward the information of its upstream supplier to Lubmann GmbH immediately.
- If claims are made against Lubmann GmbH by clients, competitors or authorities due to a violation of the REACH regulations, which can be attributed to the goods of the supplier, then Lubmann GmbH is entitled to request the supplier to be released from these claims or to be compensated for the damage, which was caused by the non-existent REACH conformity.
- The aforementioned obligations apply accordingly (with the exception of registration obligations) if the supplier is based in a non-EU country.
- All suppliers are thoroughly checked for environmental aspects. This also includes the implementation of environmental management systems according to ISO 14001. An environmentally friendly manufacturing process is also important to us. Aspects such as promoting energy-saving processes, minimizing pollutant emissions and responsible use of resources play an important role here.
- The economical use of natural resources, as well as the use of environmentally friendly and energy-saving processes is mandatory for Lubmann GmbH and its suppliers. Subcontractors of the supplier are also obliged to fulfill these requirements. Lubmann GmbH reserves the right to check compliance. In addition to economic aspects, the energy efficiency of the products, facilities and services offered is crucial when we place an order.
Minimum wage law
- The supplier confirms that he is always adequately informed about the applicable legal regulations and that the remuneration paid at least meets these requirements and in particular that the law on minimum wages (MiLoG) is complied with.
- The contractor avouches, that the use of delivery items according to the terms of the contract does not violate industrial property rights of third parties. The contractor is aware of the provided use of delivery items by the purchaser. As soon as the contractor realizes that the use of his deliveries and services leads to third-party property right applications or property rights being used, he must inform the client. In case of infringement, the contractor shall hold the client harmless from any claims that third parties make against the client due to such infringement of intellectual property rights. In the event of an infringement, the contractor is also obliged to provide the client with the right to use the delivery items in accordance with the contract free of charge or to modify them in such a way that the violation of property rights does not apply, but the delivery items are nevertheless in accordance with the contract.
- The contractor will notify the use of published proprietary or licensed property rights and property right registrations on the delivery items.
Provision and co-ownership
- Materials, parts, containers and special packaging provided by the client remain the property of the client. These may be used only for their intended purpose. Processing of materials and assembly of parts is carries out exclusively for clients. It is agreed that the client is the co-owner of the products made using the materials and parts of the client in the ratio of the value of the supplies to the value of the overall product, which are kept by the contractor for the clients.
- A simple reservation of title expressly requested by the contractor is not contradicted. However, an extended reservation of title and group clauses are contradicted.
Drawings, execution documents, tools and secrecy
- Drawings and other documents, such as devices, models, tools and other means of production that are handed over to the supplier, remain the property of the purchaser. Tools that the contractor creates for the client are regulated in a separate tool agreement.
- Without the written agreement of the purchaser the abovementioned objects may neither be scrapped nor made available to third parties, e.g. for the purpose of production. They may not be used for products other than those made with you. They are to be carefully stored by the contractor at the client’s expense during the execution of the contract.
- The purchaser retains all rights to drawings produced according to his specifications and procedures developed by him.
- All commercial or technical information made available by the client (including features that are to be gathered for instance from the objects, documents or software handed over, and other knowledge or experiences)are , as long as and as far as they are not demonstrably public knowledge, to be kept in confidence from third parties and may be made available in the Contractor’s business only to such persons as necessarily have to be brought in for their use for the purpose of supply to the client and who are likewise committed to maintaining confidentially. They remain the exclusive property of the client. Without the prior written consent of the client, such information – except for deliveries to the client – may not be reproduced or used in any other way. At the choice of the client, all information originating from the client (including any copies or records made) and any items provided are to be returned to the client immediately and completely or destroyed. The client reserves all rights to such information (including copyrights and the right to register industrial property rights, such as patents, utility models, etc.). In so far as these were made available to the purchaser by third parties, this reserved right also applies in favor of these third parties.
- Confidentiality obligations shall also apply after the orders have been completed. They only expire if and to the extent that this is stated in the drawings, drafts, standard sheets, print templates, models, samples, tools and similar to contained commercial and technical knowledge has become generally known.
- Furthermore, it also applies to the content of the confidentiality agreements to be concluded in individual cases.
- The contractor may not advertise his business relationship with the client without the prior written consent of the client.
- Payments are made after the date of the correct and verifiable invoice after deduction of 30 days / 3% discount. Otherwise, payment is made without deduction within 60 days. In case of early deliveries, the period begins at the earliest on the agreed delivery date. All payments are made with reservation and are not valid as confirmation of a proper delivery.
- Without the prior written consent of the client, which must not be unreasonably refused, the contractor is not entitled to assign his claims against him or to have it collected by third parties.
Place of performance, partial ineffectiveness, place of jurisdiction and applicable law
- The place of fulfillment for deliveries is the place of performance, for payments it is the business headquarters of the purchaser.
- If one of the provisions of these terms and conditions and of additional agreements reached should be or become ineffective, this shall not affect the validity of the terms and conditions in other respects. The client and the contractor are obliged to replace any void provision with another provision permitting as closely as possible the same economic success.