General Terms and Conditions of Purchase (GTCP)

Holzner Druckbehälter GmbH
Version: 2026-06-01

(1) These General Terms and Conditions of Purchase (GTCP) apply to all orders, deliveries and services of Holzner Druckbehälter GmbH (hereinafter “HOLZNER”).
(2) These GTCP apply exclusively vis-à-vis entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
(3) Conflicting or deviating terms and conditions of the Supplier shall not become part of the contract, even if HOLZNER does not expressly object to them.
(4) Amendments or additions to these GTCP must be made in text form.

(1) Orders placed by HOLZNER are made in writing or electronically and are binding only in this form.
(2) Oral agreements require confirmation in text form to be effective.
(3) The Supplier must accept the order within five working days. If no acceptance is received, HOLZNER is entitled to revoke the order.
(4) By accepting the order, the Supplier acknowledges these purchasing conditions.

(1) HOLZNER retains all ownership, copyright and usage rights to all drawings, calculations, specifications, CAD data, samples, models, tools and other documents provided to the Supplier.
(2) The documents may be used exclusively for the execution of the respective order.
(3) Disclosure to third parties or use for other purposes is not permitted without HOLZNER’s prior written consent.
(4) Upon completion of the order, all documents and data carriers must be returned immediately or demonstrably deleted.

(1) The Supplier undertakes to treat all technical, commercial and operational information of HOLZNER as confidential.
(2) Drawings, CAD data, calculations, specifications, quotations, manufacturing documents or other confidential information may neither be disclosed to third parties nor entered into publicly accessible or non-approved AI systems without HOLZNER’s prior written consent.
(3) Processing confidential information in AI systems shall be deemed disclosure to third parties.
(4) The confidentiality obligation shall continue to apply even after termination of the business relationship.

(1) Agreed delivery dates and delivery periods are binding.
(2) Compliance with the delivery date is determined by receipt of the complete delivery in conformity with the contract at the agreed place of destination.
(3) Any foreseeable delays must be communicated to HOLZNER immediately in writing, stating the reasons and the expected duration.
(4) Partial deliveries are permitted only with HOLZNER’s prior consent.
(5) If the Supplier is in default, HOLZNER is entitled to claim a contractual penalty of 0.5% of the net order value for each completed week of delay, but no more than 5% of the net order value. Further claims remain unaffected.
(6) Acceptance of a late delivery does not constitute a waiver of rights due to delay in delivery.

(1) Unless otherwise agreed, delivery shall be made carriage paid to the receiving point designated by HOLZNER, including packaging, transport and insurance.
(2) Each delivery must be accompanied by a delivery note stating the order number and the material number.
(3) Missing delivery documents shall be at the Supplier’s expense.
(4) Any additional costs due to an express or special shipping method chosen by the Supplier shall be borne by the Supplier.

(1) Risk shall pass to HOLZNER only upon complete and proper handover of the delivery at the agreed place of destination.
(2) This also applies if shipment is made at HOLZNER’s request.

(1) The Supplier warrants that the delivery complies with the agreed specifications, the generally accepted rules of technology, the applicable legal requirements and the relevant standards.
(2) The Supplier undertakes to operate a suitable quality management system.
(3) Corresponding evidence must be provided upon request.
(4) Where agreed, the scope of delivery includes in particular the following documents:
• Material certificates
• Works certificates
• Test reports
• Welding records
• Declarations of conformity
• CE documentation
• Operating instructions
• other agreed technical documentation
(5) If agreed documentation or evidence is missing, the delivery shall be deemed not fully performed. HOLZNER is entitled to withhold payments until all agreed documents have been submitted in full.
(6) HOLZNER is entitled, after reasonable prior notice, to conduct or have conducted audits at the Supplier and its sub-suppliers insofar as this is necessary to assess quality capability, product safety or contract performance.

(1) The Supplier warrants that the delivered products are free from defects in quality and title.
(2) HOLZNER is obliged to inspect the goods only in the ordinary course of business.
(3) Obvious defects shall be reported within 14 calendar days.
(4) Hidden defects may be reported at any time within the limitation period after discovery.
(5) The limitation period for defect claims is 24 months from commissioning, but no more than 30 months from delivery.
(6) In the event of a defect, HOLZNER may, at its discretion, demand rectification or replacement delivery.
(7) If the Supplier fails to meet its obligation within a reasonable period, HOLZNER is entitled to carry out the necessary measures itself or have them carried out by third parties. The costs shall be borne by the Supplier.

(1) The Supplier is liable for all damages caused by defective products.
(2) If HOLZNER is held liable due to a product defect, the Supplier shall indemnify HOLZNER upon first demand.
(3) This also applies to necessary recall, replacement, inspection and field measures.
(4) The Supplier shall bear all reasonable costs incurred by HOLZNER in connection with the investigation, assessment, traceability, retrieval, rework or replacement of defective products.

(1) The Supplier shall maintain public and product liability insurance with an appropriate sum insured.
(2) The minimum sum insured shall be, unless a higher statutory requirement applies, EUR 5 million per loss event for personal injury and property damage.
(3) Proof of insurance must be provided to HOLZNER upon request.

(1) The agreed prices are fixed prices.
(2) The prices include all costs for packaging, transport, insurance, customs duties and other ancillary costs, unless otherwise agreed.
(3) Price changes require HOLZNER’s express written consent.

(1) Invoices must be submitted exclusively as a PDF file to the invoice address designated by HOLZNER.
(2) Invoices must contain at least the following information:
• Order number
• Supplier number (if available)
• Delivery date
• Description of services
• Invoice number
(3) Unless otherwise agreed, payment shall be made:
• within 14 days less 3% cash discount, or
• within 30 days net.
(4) The payment period shall not begin until a verifiable invoice has been received and delivery has been made in full and free of defects.

(1) Retention of title by the Supplier shall be recognized only insofar as it relates to the specific claim arising from the respective delivery.
(2) Extended, prolonged or group-related retention of title shall not be recognized.
(3) HOLZNER is entitled to process, transform and resell the delivered goods in the ordinary course of business.

(1) Materials, tools, fixtures or documents provided by HOLZNER remain the property of HOLZNER.
(2) The Supplier shall store these items free of charge and protect them against damage, loss and unauthorized access.
(3) Damaged or lost provided items must be replaced at the Supplier’s expense.
(4) Provided materials, tools and fixtures must be marked as HOLZNER’s property and stored separately from third-party property.

(1) The Supplier undertakes to comply with the applicable data protection laws, in particular the GDPR and the BDSG.
(2) The Supplier undertakes to comply with all applicable legal provisions, in particular in the areas of:
• Occupational health and safety
• Environmental law
• Anti-corruption
• Export control
• Sanctions law
• Product safety
(3) Serious violations entitle HOLZNER to terminate existing contractual relationships without notice.
(4) The Supplier shall take appropriate technical and organizational measures to protect confidential information against loss, manipulation, unauthorized access and cyberattacks.

(1) If the opening of insolvency proceedings over the Supplier’s assets is applied for or opened, HOLZNER is entitled to withdraw from the contract in whole or in part.
(2) HOLZNER’s property must be returned immediately.

(1) The place of performance for all deliveries and services is the registered office of Holzner Druckbehälter GmbH.
(2) The place of jurisdiction for all disputes is, insofar as legally permissible, Weilheim i. OB.
(3) HOLZNER remains entitled to assert claims also at the Supplier’s place of business.
(4) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Should individual provisions of these purchasing conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provision shall replace the invalid or unenforceable provision.