Imprint

voxeljet AG
Paul-Lenz-Straße 1a
86316 Friedberg
GERMANY
Tel +49 821-7483-100
Fax +49 821-7483-111
info@voxeljet.com

Management Board: Dr. Ingo Ederer, Rudolf Franz

Chairman of the Supervisory Board: Peter Nietzer 

Registered office: Augsburg
Local court Augsburg: HRB 27999

VAT ID: DE 290474018

Disclaimer

Liability for content

As a provider of services, we are responsible under the general law for our own content on these pages according to Section 7 paragraph 1 of the TMG, the German Telemedia Act. However, according to Sections 8 to 10 of the TMG, the German Telemedia Act, we as the service provider are not obliged to monitor transmitted or stored information from external sources, or to look for circumstances that indicate an unlawful activity.

The obligations for removing or blocking the use of information under general law remain unaffected. However, the relevant liability is only possible from the time of notification of a specific breach of the law. Upon being notified of such violations, we will remove such content immediately.  

Liability for links

Our offering contains links to external websites of third parties, over the content of which we have no control. Therefore, we cannot accept any responsibility for such external content. The respective provider or owner of such linked pages is always responsible for their content. At the time of insertion of the link, the linked pages were examined for possible legal infractions. There was no apparent content in violation of the law at the time of insertion of the link. However, continuous monitoring of the contents of the linked pages without specific leads to a legal transgression is not reasonably feasible. Upon being notified of legal transgressions, we will remove such links immediately.

Copyright

The content and works generated by the owner of this site on these pages is subject to German copyright. Copying, editing, distribution and any kind of use outside the boundaries of copyright requires the written consent of the author or creator as the case may be. Downloading and copying this site is permitted only for private, non-commercial use. If the contents on this page were not created by the owner, copyright of the third party will be respected.

In particular, contents belonging to third parties are marked as such. Should you nonetheless become aware of a copyright infringement, we request a corresponding notification.

Upon being notified of legal transgressions, we will remove such content immediately.

Close all Open all

General terms and conditions of purchasing

1. Scope

1.1These general terms and conditions of purchasing (hereinafter: T&Cs) apply to all contracts, and also to ancillary services, consultancy services and advice, which we, voxeljet AG, sign in the role of purchaser/buyer.
1.2These T&Cs, and these T&Cs alone, apply to all contracts signed by us in the role of purchaser/buyer, even for ancillary services, consultancy services and advice. The order confirmation of the contractor/seller (hereinafter: contractor) simultaneously implies that our T&Cs have been recognised and become a part of the contract. Conflicting or deviating conditions of the contractor are hereby rejected. They will only become a part of the contract if we agree to them in writing in individual cases. Our T&Cs apply even if we accept the deliverable from the contractor without reservation in full knowledge of contrary or deviating conditions of the contractor.
1.3Our T&Cs apply only to corporates (Section 14 of the German Civil Code), legal persons under public law, or public special funds within the meaning of Section 310 paragraph 1 sentence 1 of the German Civil Code.
1.4Our T&Cs also apply to all future contracts with the contractor that we sign as the purchaser/buyer.
1.5All agreements between us and the contractor, as well as supplements and changes to these agreements, must be in written form. This also applies to a waiver of the written form requirement. 

 

 

 

2. Order and order confirmation

2.1Our orders must be accepted/confirmed by the contractor promptly upon receipt. If we do not receive the order acceptance within one week of receipt of the order by the contractor, we reserve the right to withdraw the order. Verbal orders require our written confirmation to come into effect. Our order number must be specified in the order confirmation as well as in all correspondence.
2.2We expressly reserve the right to demand changes to the deliverable in terms of design and execution from the contractor within reasonable bounds. If such a case occurs, the effects of these changes, especially additional or reduced costs as well as delivery dates, must be taken into account by mutual agreement and in a reasonable manner.

 

 

 

3. Prices; Payment terms; Offsets, Retention; Refusal of performance

3.1The prices agreed with the contractor are fixed prices and include dispatch, packing, transportation and insurance costs as well as import or export duties. We will accept additional claims only with an express written confirmation or an express written change in the purchase order.
3.2Unless otherwise agreed in writing, we pay within 14 calendar days with a 3% discount or net within 30 calendar days. The payment due date will be calculated starting on the day on which the delivery or deliverable as well as the invoice have been received by us, or for a work contract, not earlier than on the day of acceptance. Our actions initiating payment will be definitive for our compliance with the payment due date. Receipt or acceptance of the deliverable has no connection with our payment in any way.
3.3Payment will be made by bank transfer only.
3.4If the deliverable is faulty, we are entitled to retain payment on a pro rata basis till proper fulfilment by the contractor.
3.5If there is a delay in payment by us, the contractor can claim penal interest of maximum 5% p.a.
3.6Assignment of receivables or debit mandates require our express consent.
3.7The contractor is entitled to set-off rights, retention rights and the right to refuse performance only if his counterclaims are determined to be binding or are undisputed. In addition, the contractor is only entitled to exercise his right of retention to the extent to which his counterclaim is based on the same contract.

 

 

 

4. Delivery / Performance; Time limits; Due dates; Delay

4.1All the deadlines, including intermediate and individual deadlines, agreed for the services of the contractor are binding and must be met by the supplier. Deadlines shall only be considered to have been met if the deliverable is available on the agreed date at the agreed location. If the supplier recognises or has to recognise that fulfilment of the deadline is in jeopardy, he must immediately notify us as such in writing, while also specifying the possible date of delivery of the deliverable. Even if we agree to the new delivery date, our claims for delayed performance remain unaffected. This point, no. 4.1, holds good correspondingly for due dates, including intermediate due dates and individual due dates, which have been agreed for the performances of the contractor.
4.2If there is a default by the contractor, then after a reasonable grace period that is granted has elapsed without any effect, we are entitled, at our discretion, to withdraw from the contract and/or to demand damage compensation instead of the performance.
4.3The supplier shall ensure, if he has delivered production equipment to us, that he is in a position to deliver the equipment or parts of the equipment as spare parts on reasonable terms for a period of 15 years following the termination of the supply relationship.
4.4The contractor can only effectively invoke force majeure if its occurrence is proved to us not later than 24 hours before the agreed delivery date in specific and detailed format in writing or by fax. If the notification is not forwarded by the time specified in sentence 1, then the contractor can only invoke a case of force majeure if the force majeure can be proved to have occurred within the 24-hour period and was the cause of the delay in performance.
4.5The contractor always has to carry out the delivery himself. Delivery of performance by a third party (supplier/subcontractor) needs our previous consent.
4.6The contractor undertakes to deploy, in the framework of the contract, only employees and third parties entrusted in conformity with number 4.4 for whom all legal registration, disclosure and submission requirements have been correctly fulfilled in time.

 

 

 

5. Dispatch; Risk assumption; Packing

5.1Unless otherwise agreed, delivery will be free at the risk of the contractor to the agreed receiving address. Number 7 remains unaffected.
5.2The contractor will take back all the packaging material at his cost. The place of performance for the take-back obligation applicable as per Section 4 of the Packaging Ordinance is the place of fulfilment (number 12.2).

 

 

 

6. Quality; Documentation; Production documents; Data

6.1The deliverables of the contractor must conform to the documents on which the contract is based, with regard to the agreed execution, quality, colouring, quantity and our technical specifications as well as (with lower priority) the contractor’s own technical specifications.
6.2We shall get all the documents that the contractor has to hand over or make available to us according to the contract (operating and maintenance manuals, documentation, calibration and test certificates, plans etc.) in German. The contractor will bear the cost of the agreed translations into other languages. The contractor shall be liable for correct translation.

 

 

 

7. Work contracts acceptance

7.1If installation, assembly or other work contracts are a part of the scope of the contract for the contractor, the following applies: A formal acceptance is always necessary. It can only be carried out after a test phase has ended successfully. A fictional or conclusive acceptance, especially from commencement of use, is prohibited. The transfer of risk takes place no earlier than at the time of acceptance. Our contractual penalty claims on the contractor remain unaffected even if we do not express reservations related to them at the time of acceptance.

 

 

 

8. Warranty claims; Statute of limitations

8.1The contractor will undertake the warranty for his performance in accordance with the legal regulations. Over and above the obligations according to number 6.1, the contractor shall guarantee that his deliverables will have all the quality characteristics agreed in the contract as well as full functional capability.
8.2A confirmation of payment or goods having been received do not represent approval.
8.3We may return defective deliverables at the cost of the contractor. Notwithstanding the legal warranty claims, in cases where there is particular urgency and/or the threat of substantial damage, we are entitled to implement remedial performance in a manner that appears most suitable to us by way of fulfilment at the cost of the contractor.
8.4The statute of limitations for our warranty claims for all deliverables of the supplier is uniformly 5 years, unless the law prescribes a longer period for the statute of limitations. The start of the statute of limitations depends on the legal regulations.

 

 

 

9. Liability and insurance

9.1The supplier shall guarantee that his products are free of defects within the meaning of the Product Liability Act. If a claim is filed against us owing to a defect or error in the deliverable of the contractor for liability regardless of fault/absolute liability, especially from product liability, the supplier will indemnify us to the fullest extent even without proof of culpability.
9.2The contractor is liable for measures that we take for damage prevention and damage limitation (such as product recalls).
9.3The supplier shall take out indemnity insurance covering at least the value of the deliverable and produce it upon demand.

 

 

 

10. Confidentiality

10.1The supplier has a responsibility to always - even in cases of doubt - treat all our technical, commercial and personal processes and relationships (which are not in the public domain), which become known to him from and in the context of the contractual relationship with us, as business and operational secrets, to keep them confidential and ensure that they are not disclosed to unauthorised third parties (including family members or co-workers not concerned with the matter). The obligation of secrecy continues even after the contract has ended.
10.2If there is a culpable infraction of the obligation to secrecy, the contractor is obliged to pay a contractual penalty of 5% of the net order value for every single and individual infraction, unless he is able to prove that we will suffer very little or no damage as a result of the infraction. In any case, we shall always be entitled to demand restitution for the actual damage incurred.

 

 

 

11. Copright of third parties

11.1The contractor shall be liable for ensuring that his deliverable does not infringe any domestic or foreign industrial copyright. If there is an infringement of third party copyright through the use of the contractor’s deliverable, then at our discretion, either the contractor must procure, at his own cost, the right to use of the copyright object, or alter the deliverable in such a way that there is no infringement of copyright of the third party. Moreover, the contractor also undertakes to release us or our customers as the case may be from all damage compensation claims that result from an infraction of a domestic or foreign copyright from the use of his deliverable.

 

 

 

12. Transfer of ownership

12.1The deliverable becomes our property upon delivery. A declaration of extended ownership retention requires our written consent for it to be valid. If we make any parts, assemblies etc. available for completion of the supplied object, they remain our property.

 

 

 

13. Force majeure

13.1Force majeure, operational disturbances over which we have no control, disorder, actions by government authorities and other circumstances beyond our control release us from the responsibility of timely acceptance for the duration of their existence. Notwithstanding our other rights, during such events as well as within two weeks after they have ended, we are entitled to withdraw partially or wholly from the contract, insofar as these events are not of an inconsiderable duration, and as a result, our requirement reduces substantially owing to the consequential procurement from other sources. The provisions in no. 13.1 also apply in case of industrial disputes.

 

 

 

14. Language; Place of performance; Place of jurisdiction; Applicable law

14.1German is the language for negotiation and the language of the contract. The language for execution of the contract is also German.
14.2The place of performance for all performance responsibilities of the contractor is Augsburg.
14.3If the contractor is a merchant, Augsburg is the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This will apply regardless of the merchant attribute even if the contractor shifts his domicile or habitual residence to a foreign country or his domicile or habitual residence are not known at the time of filing a complaint. We are likewise also entitled to file the complaint at the general place of jurisdiction of the contractor.
14.4All legal relations or legal actions resulting from and in the relationship between us and the contractor are subject solely to the law of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

 

 

Close all Open all