These guidelines define the basic requirements imposed on MÄRKLIN suppliers regarding their responsibility towards their stakeholders and the environment. MÄRKLIN reserves the right to make appropriate changes to the guidelines. In such cases, the suppliers are expected to accept these appropriate changes.
(1) These General Conditions of Purchase (hereafter “GCP“) apply to all business relationships between us, Gebr. Märklin & Cie. GmbH, Stuttgarter Straße 55-57, 73033 Göppingen, Germany, and our suppliers (“Supplier“). The GCP only apply if the Supplier is an entrepreneur as defined by section 14 BGB [Bürgerliches Gesetzbuch, German Civil Code].
(2) The GCP apply specifically to contracts for the sale of movable property (“Goods“), regardless of whether the Supplier produces the Goods itself or in turn purchases them from suppliers. Unless otherwise agreed, these GCP also apply as a framework agreement to equivalent future contracts in the version in force at the time we place our order, or at any rate in the version that was last communicated to the Supplier in writing, without the need to make reference to it again in each individual case.
(3) These GCP apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Supplier only become part of the contract if and to the extent that we have expressly agreed to their application. This requirement to obtain our express agreement always applies, including if e.g. we are aware of the Supplier’s general terms and conditions and accept the Supplier’s deliveries without reservation.
(4) Individual agreements made with the Supplier in individual cases (including side agreements, additions and amendments) prevail over these GCP. Subject to evidence to the contrary, a contract or our confirmation will form the basis of these agreements.
(5) Legally relevant statements and notices by the Supplier in relation to the contract (e.g. deadlines, reminders, withdrawals from the contract) must be made in writing. Formal requirements prescribed by law remain unaffected and we reserve the right to request further evidence, particularly if the authority of the declaring party is in doubt.