General Purchasing Terms

1. Scope

These purchasing conditions (hereinafter referred to as the "conditions") apply exclusively to our orders placed with any supplier. Conflicting and/or additional general standard terms and conditions of any supplier are not applicable for us. This also applies if we do not expressly object to these terms or perform our contractual obligations without any reservation. This document comprising these terms and conditions includes all contractual provisions. There are no subsidiary agreements.

2. Purchase orders

The supplier shall not assign any rights or obligations under this agreement to a third party without prior written approval granted by Husemann & Hücking Profile GmbH. Only with our prior approval is the supplier entitled to have the order or substantial portions of the order performed by a third party. Offers are submitted free of charge and without any obligation for Husemann & Hücking Profile GmbH.

3. Delivery terms

The delivery dates stated in the order are binding. All shipments have to be executed "delivery duty paid" (DDP) works Husemann & Hücking Profile GmbH in accordance with INCOTERMS 2000.

Postal address: Husemann & Hücking Profile GmbH, Zollhausstr. 20, D-58640 Iserlohn.

LCL freight/express goods: Zollhausstr. 20, D-58640 Iserlohn

For deliveries by road: Zollhausstr. 20, D-58640 Iserlohn

Supply of materials by road from 6.00 to 13.00 hours (Mondays to Fridays) Zollhausstr. 20, 58640 Iserlohn

Postal address Iserlohn: Husemann & Hücking Profile GmbH, Postfach 5145,

D-58606 Iserlohn


A shipping advice shall be sent to us under separate cover in duplicate on the day of dispatch for every shipment. All shipping advice, delivery notes and package labels must show the order number, the call-off number, the receiving department as well as any other information requested in the order. The goods to be delivered must be properly packed and labelled according to our shipping instructions.

Only after prior written approval by Husemann & Hücking Profile GmbH is the supplier entitled to make early deliveries. The supplier has to inform us immediately by facsimile or e-mail about any known or expected delay in the performance of his delivery commitments by giving us the information stated below:

a) the probable duration of the delay

b) the reason for the delay

c) what actions are or have been taken to remedy the delay.

In the event of a delay in delivery, we are entitled to all statutory claims. After the expiration of the grace period of two (2) weeks, we are entitled to withdraw from the contact and to request compensation instead of performance.

4. Prices

The prices agreed in the order are binding.

5. Terms of payment

The supplier is obliged to submit an invoice for each order in duplicate according the currently valid statutory regulations showing the order number. Invoices issued without reference to an order number and not in compliance with the currently valid statutory regulations will not be accepted. Invoice address: Husemann & Hücking Profile GmbH, Zollhausstr. 20, D-58640 Iserlohn.

We would like to point out as a precautionary measure that your invoices must comply with currently valid statutory regulations. Invoices that do not comply with these regulations will not be accepted.

We pay invoices net within thirty (30) days after receipt of the invoice. Discounts for cash payment can be agreed separately. The terms of payment agreed with you apply from the receipt of an invoice raised in compliance with the statutory regulations. Husemann & Hücking Profile GmbH is entitled to offset any claim it has against the supplier against the claims of this supplier or to claim right of retention concerning this claim.

Settling of any invoice does not constitute a waiver concerning the goods delivered and does not exclude any respective complaint lodged at a later date.


6. Title

We do not accept any extended reservation of ownership. A reservation of ownership is only accepted provided we are entitled to sell, process or mix the goods delivered within the scope of ordinary operations.

7. Warranty

The supplier warrants that the goods delivered comply with the specifications agreed in the purchase order, are made of the material agreed, are free from any defects in material, manufacturing defects or engineering defects and will be state of the art applicable at the date of order and are free from any defects which nullify or reduce the merchantable quality or the fitness for the agreed use of the goods delivered or which nullify or reduce the value of the goods delivered; furthermore the supplier warrants that the goods delivered meet all official regulations and legal requirements and approvals. Concerning the delivery of defective goods, we reserve all rights we may have under German law. At our discretion, the supplier has to remedy the defects of the goods delivered or has to deliver goods without any defects. The warranty period is 24 months upon delivery of the goods. For spare parts used in the course of remedying defects, the warranty period commences anew with the date of their delivery.


8. Quality assurance

The supplier herewith accepts the quality assurance instructions of Husemann & Hücking Profile GmbH.

9. Official and legal regulations

Products and materials used in our products must comply with the currently valid official and legal regulations. This entails for example the observance of the EU end-of-life vehicle directive 2000/53/EC.

10. Place of performance and jurisdiction

The place of performance for all deliveries and services is Wickede (Ruhr). This agreement is governed in accordance with the Laws of the Federal Republic of Germany. The trade terms included in this agreement are to be construed in accordance with the International Rules for the Interpretation of Trade Terms (Incoterms) and their amendments in the respective version valid at the date of delivery. For any dispute arising out of or relating to this agreement the exclusive place of jurisdiction is Wickede. Notwithstanding the venue clause of the article we are entitled to bring an action against any supplier at any other court appropriate in adherence to applicable law. As at 05/2005