General Terms and Conditions of Purchase
General Terms and Conditions of Purchase
- 21.05.2025 -
Valid for all present and future business relations between Opto GmbH and the supplier of goods and services for their order and purchase by Opto GmbH.
1. Contract
1.1. The following Terms and Conditions of Purchase shall apply exclusively to our orders. Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
1.2. All agreements made between us and the contractor for the purpose of executing the contract shall only be deemed binding after written order or confirmation. Confirmations must be made within 3 days, stating the delivery date.
1.3. Supplements and conditions of sale of the Contractor deviating from the following Terms and Conditions of Purchase shall only apply if they have been confirmed by us in writing.
1.4. In the event of uncertainties, the supplier is obliged to obtain all necessary information before commencing work. In addition, the supplier is obliged to immediately notify us in writing of any concerns it has about the desired manner of performance/delivery and to propose any changes it deems necessary in order to meet the agreed specifications or legal requirements.
2. Delivery / Shipping
2.1. Each delivery must be accompanied by a delivery bill stating the order number
2.2. Early deliveries, partial deliveries or partial services, as well as under- or over-deliveries are only permitted with the prior consent of Opto GmbH.
2.3. Goods must be packed in such a way that damage during transportation and loading is avoided. Packaging materials are only to be used to the extent necessary to achieve the intended purpose.
3. Delivery date
3.1. The delivery date stated in the order, which must be carefully checked by the supplier in advance, is binding. The delivery date stated is to be understood as the date of receipt of goods by Opto GmbH.
3.2. The supplier is obliged to inform Opto immediately in writing if circumstances arise or become apparent to it which indicate that the agreed delivery time cannot be met. Otherwise, it may no longer invoke such circumstances at a later date.
4. Material defects
4.1. Unless otherwise agreed, the legal regulations shall apply in full to Opto GmbH's rights in the event of material defects and defects of title of the goods (including incorrect and short delivery) and in the event of other breaches of duty by the supplier.
4.2. In accordance with the legal regulations, the supplier is obliged to compensate for damages, costs and expenses caused by defective development results, tools, supplier products or by the supplier's breach of obligations under contractual agreements and for which the supplier is responsible.
5. Prices / Terms of payment
5.1. The prices stated in the order are fixed prices. All prices are quoted without the legal value added tax, which must be shown separately.
5.2. Invoices should preferably be sent by e-mail to purchase@opto.de and must include our reference number (order number, complaint number, etc.). Each item on the invoice must show, among other things, the country of origin and the goods tariff number.
5.3. Unless otherwise agreed, payments shall be made net within 30 calendar days of delivery and receipt of the invoice or within 14 calendar days with a 2% discount.
6. Condition of the goods
6.1. The supplier must ensure that the goods to be delivered by him fully comply with the requirements of EU Directive 2011/65/EU + Amendment 2015/863/EU (“RoHS3”) and the requirements of the Chemicals Regulation EC No. 1907/2006 (REACH Regulation) in the currently valid version. A corresponding general or product-specific declaration must be supplied to Opto GmbH with the first delivery at the latest.
6.2. If no ROHS declaration can be issued, Opto GmbH must be informed of this without being requested to do so.
6.3. Opto GmbH reserves the right to withdraw from the contract immediately and without notice in the event of violations of the requirements set out in the above-mentioned guidelines.
6.4. All products supplied must comply with the currently valid OECD guidelines and must therefore not contain any conflict minerals from DCR countries.
6.5. We only accept deliveries that comply with Regulation (EU) 2019/1021 on persistent organic pollutants (PFAS).
6.6. Please inform us immediately if an ordered item does not comply with this regulation.
6.7. If technical changes have been made to the items ordered here in the meantime, these must be agreed with us before delivery! If an article purchased from Opto GmbH is discontinued, we must be informed as soon as possible. (The same applies to a significant deterioration in the availability or delivery time of such items)
7. Confidentiality / Retention of title
7.1. The Supplier is obliged to treat all business or technical information as strictly confidential and to oblige its employees and subcontractors or other third parties acting on its behalf accordingly.
7.2. Samples provided must be returned unrequested and undamaged upon delivery of the goods. The documents provided may only be used by the supplier to fulfill the performance obligation towards Opto.
7.3. We reserve the property rights and copyrights to all documents, drafts, models and samples belonging to the order. Any disclosure to third parties requires our express written consent.
8. Transfer of risk
8.1. Unless otherwise agreed, all deliveries shall be made “DDP” Neuried according to Incoterms 2020.
8.2. The transfer of risk and costs shall take place in accordance with Incoterms at the agreed place of delivery upon unloading by Opto or a third party commissioned by Opto.
8.3. If it is agreed in individual cases that Opto shall bear the shipping costs, the supplier must choose the mode of transportation that is most economical for Opto.
8.4. The supplier is obliged to take out sufficient transport insurance at its own expense or to notify Opto so that Opto can insure incoming shipments.
This document was created by machine and is also valid without a signature.