I. General
1. The following terms and conditions of business and delivery only apply to a person who acts in the course of his trade or self employed occupational activity (entrepreneur), a corporate body under public law or a special fund under public law.
2. These terms apply to the quotations of the supplier and the orders placed with him. The buyer accepts these terms and conditions as binding by placing an order and accepting the order confirmation as well as again by accepting the delivery. A buyer’s objection by using a form - particularly in his own conditions of purchase - is unremarkable.
These general terms of business and delivery apply exclusively. We hereby reject all opposed conditions of our clients.
3. The supplier has reserved all proprietary and copy rights for drawings, plant layout, calculations, forms and similar information in tangible or intangible form - also in electronic form. This information may not be made accessible to third parties. The supplier is obliged to treat information designated as confidential, confidentially and not to make it available to third parties without the buyer's consent.
4. Changes of or additions to these terms as well as the Waiver of the requirement of written form require the written form.
II. Offer / Scope of Supply
The scope of products to be supplied pursuant to an offer, which are always nonbinding until the written order confirmation, results from the service description specified in the quotation. If the contract comes into effect because the supplier accepts an order of the buyer by order confirmation, the service description specified in the order confirmation is decisive.
III. Prices and Payment
1. Except as otherwise expressly agreed, the prices are ex works including packaging and excluding assembly at buyer's site, plus statutory sales tax.
2. Except as otherwise expressly agreed, payments must be made without deductions, within 8 days after the invoice date.
3. If production progress during the manufacture of the delivery item is not possible due to an event for which the buyer bears fault (for example because of unavailable technical documents and specifications, unavailable releases or unavailable provisions of sample materials), and if contractually agreed payment milestones are not reached due to this, the supplier reserves the right to claim a partial payment as counter value to the production progress already carried out not later than one month after the originally agreed date of payment.
4. The buyer shall not have the right to withhold payments or to offset payments against counterclaims, unless his counterclaims are undisputed or legally valid.
IV. Delivery Time
1. The delivery time shall be as specified in the agreements between the parties. The delivery time specified by the supplier starts - unless not specified as a calendar date - with the posting of the order confirmation. Adherence to the delivery period by the supplier assumes that all commercial and technical issues between the contractual partners have been resolved and the buyer has met all the obligations accruing to him, such as the provision of documents, drawings, samples, authorisations, releases or other services to be supplied by him as well as entrance of an agreed deposit. If this is not the case the delivery time is extended by a reasonable period. This does not apply if the delay is caused by supplier's default.
2. The time for delivery has been complied with if, prior to its expiry, the delivery item has been provided to the buyer at the supplier's site or at another specified location (plant, warehouse, etc.), or no-tice of the delivery item’s availability at such a location has been provided. If the nonobservance of the delivery time is attributable to events beyond the supplier's control, the delivery time is extended by a reasonable period.
3. Partial deliveries are permissible.
4. The supplier must notify the buyer about emerging delays in delivery as soon as possible.
5. If shipping of the delivery item is delayed for reasons for which the buyer is at fault, any costs accruing from the delay shall be charged to the buyer, starting one month after reporting of the readiness for shipping.
V. Software
1. If included in the scope of supply, the buyer shall be granted a single, nonexclusive right to permanently use the supplied software specified in the contract including its documentation.
All rights related to the Software and the accompanying documentation, especially the exercise of all proprietary rights, belong exclusively to the supplier.
2. The buyer may only use the software for the operation of the machines and plants included in the scope of delivery. Transfer to thirdparties or disclosure is expressively forbidden.
The right of translation, decompilation, modification or each other form of changing the software as well as the creation of derivative works is exclusively reserved for the supplier.
The supplier expressly notifies the buyer that even small interventions in the software can lead to significant, unforeseeable failures in the flow of the software and the system environment. Here, failures causing personal injuries can occur. Therefore, the buyer is warned of unauthorised modifications of the software. In this re-gard, the risk lies entirely with the buyer.
VI. Miscellaneous
1. Place of fulfilment is Gujranwala, Punjab, Pakistan.
2. These terms and conditions of business and delivery are subject to the laws of Pakistan.
3. Place of jurisdiction is Gujranwala. The supplier is also entitled to take legal action at the buyer's headquarters.
4. Customer data is saved in accordance with the regulations of the Ministry of Information and Technology Pakistan (Draft Personal Data Protection Bill 2023)
5. Should individual provisions of these conditions be invalid, the remaining valid legal provisions are valid unless the parties agree otherwise. The foregoing is without prejudice to the effectiveness of the contract or other written Agreement.
