These General Terms and Conditions of Contract of Karlsruhe University of Applied Sciences apply to the awarding of contracts for supplies and services - with the exception of construction services.
2. Contract documents
For orders placed by Karlsruhe University of Applied Sciences the following are valid as integral parts of the contract:
a) the order letter, these General Terms and Conditions as well as, additionally, the Special Terms and Conditions of Contract, if any, specified in the order letter
b) the Regulation PR No. 30/53 on Prices in Public Contracts of November 21, 1953 (Bundesanzeiger No. 244 of December 18, 1953), as amended by the Regulation PR Nr. 14/54 of December 23, 1954 (Bundesanzeiger No. 250 of December 29, 1954) and the amending regulations PR 8/61 of November 9, 1961 (Bundesanzeiger No. 223 of November 18, 1961), PR 7/67 of December 12, 1967 (Bundesanzeiger No. 237 of December 19, 1967), PR 1/86 of April 15, 1986 (Bundesanzeiger No. 15 of April 23, 1986), PR 1/89 of June 13, 1989 (Bundesanzeiger No. 27 of June 21, 1989).
c) the General Conditions for the Execution of Services (VOL/B - Part B) of the Contracting Rules for Services (excluding construction services).
The delivery or service must comply with the safety, occupational health and accident prevention standards as well as the relevant standard, DIN, VDE and other regulations. If the Contractor has reservations about the type of exercise requested by the Customer, he shall notify the Customer thereof in writing without delay. Deviations as well as notes on letterheads, invoices, price lists, etc., according to which the order is based on the terms and conditions of the Contractor, shall only be valid - as well as verbal agreements - if Karlsruhe University of Applied Sciences has confirmed so in writing. This does not apply to any discount offered to Karlsruhe University of Applied Sciences. Only written and signed orders of Karlsruhe University of Applied Sciences are legally effective.
3. Price Agreement
Unless otherwise agreed, the prices quoted in the offer are fixed prices.
4. Packing, Dispatch
The services (goods) shall be delivered free to the place of use, carefully packed in accordance with their nature. The place of use shall be determined by the delivery address stated in the order letter. The packaging shall be provided by the Contractor without special remuneration and shall be taken back or disposed of by the Contractor upon request.
5. Delivery, performance
Goods shall only be accepted from Monday to Thursday from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m. or on Fridays from 8:00 a.m. to 11:00 a.m. and, if necessary, by special arrangement. Each shipment must be accompanied by a delivery bill, which must contain information on the type and scope of the service as well as the date and number of the order letter. Services shall generally be accepted at the place of use specified in the order letter. If agreed delivery deadlines cannot be met, Karlsruhe University of Applied Sciences must be informed immediately in writing. If agreed delivery deadlines are not met, Karlsruhe University of Applied Sciences is entitled to claim for the resulting damage, without prejudice to its rights under VOL/Part B. The delivery of partial services requires the separate consent of Karlsruhe University of Applied Sciences. Acceptance of partial services shall take place after delivery of the last partial service. Exceptions require a written agreement. The transfer of risk is governed by §§ 446 paragraph 1 of the German Civil Code (BGB). The Karlsruhe University of Applied Sciences may demand that a quality inspection be carried out. The type, location and performance of the quality inspection shall be determined by Karlsruhe University of Applied Sciences - taking into account the operational interests of the Supplier.
6. Repairs, Overhauls, Assembly
Orders for work services (e.g. repairs, assembly, etc.) without a price agreement shall initially apply only to the work necessary to remedy the damage. Further execution will be made dependent on the submission of a detailed offer, which must contain information on the scope of services, amount of work, hourly rates, spare parts as well as consumables, and the written consent of the Karlsruhe University of Applied Sciences. If an execution requires hourly wage work, which is not explicitly stated in the order, these will only be remunerated if the Karlsruhe University of Applied Sciences has agreed to them in writing prior to execution. If work is to be carried out on the premises of the Karlsruhe University of Applied Sciences, the Contractor shall submit hourly work records on each working day and be given a receipt for them by Karlsruhe University of Applied Sciences.
For each order, Karlsruhe University of Applied Sciences is to be provided with an auditable invoice in triplicate, structured according to the order of the order items and stating the date, order number, delivery address and the time of performance. The second and third copies and partial invoices shall be marked as such. The invoice shall be accompanied by delivery bills and other necessary supporting documents such as bills of materials, weighing bills, waybills, etc. Partial invoices shall be numbered consecutively. The last invoice shall be marked as the final invoice. The assignment of a claim of the Contractor shall only be legally effective with the written consent of Karlsruhe University of Applied Sciences.
Payment periods shall generally commence on the date of receipt of the invoice by Karlsruhe University of Applied Sciences (date of receipt stamp). If delivery is made after receipt of the invoice by Karlsruhe University of Applied Sciences, the payment period shall commence on the date of delivery. The prerequisite for payment is acceptance by Karlsruhe University of Applied Sciences. If services or invoices give rise to complaints or if required documents are not enclosed, the payment period shall not commence until the defects have been remedied or the corrected or supplemented invoice has been received. If a discount is granted, a discount period of 20 days shall apply. The date of payment shall be deemed to be the date of handover in the case of a handover, and the date of the payment order to the Landesoberkasse Karlsruhe in the case of a transfer.
Correspondence, order confirmations, delivery notices, bills of lading, reminders, etc. shall be marked with the order number of Karlsruhe University of Applied Sciences. Any delays and damages resulting from non-compliance shall be borne by the Contractor.
10. Place of jurisdiction
The Place of jurisdiction is Karlsruhe.