Common use of Contract Closure Clause in Contracts

Contract Closure. 2.1 Orders and their amendments are valid only if given by Braunform in writing, with it being sufficient if a signed order is transmitted via telefax or as PDF copy by e-mail. For orders of €3000 or less an e-mail is sufficient. A written agreement or our written acknowledgement as specified above is authoritative for the content of agreements made in individual cases verbally or by telephone. We are entitled to revoke our order until the acknowledgement is sent. 2.2 Supplier must declare the acceptance of the order in writing within a period of two (2) week. A late acceptance is deemed to be a new offer and requires acceptance by us. All offers made by Supplier are irrevocable and can be accepted by us within 2 weeks of receipt – provided that an extended deadline has not been fixed. 2.3 Drawings including tolerance details specified by Braunform from time to time are binding. By accepting the order, contractor acknowledges that he has been fully informed of the nature of the performance and the scope of the work and service by inspecting the existing plans. Prior to acceptance and for the purpose of taking corrective actions and completion, Supplier must draw our attention to any obvious mistakes, clerical and calculation errors in the order, also in the submitted documents, drawings and plans. The contract is otherwise void. 2.4 We reserve rights of ownership and copyrights in the calculations, drafts, construction proposals, data media, software and similar documents provided by us. These must not be made accessible to third parties without our express approval and are to be used solely for the manufacture based on our order and must be returned to us without extra request upon completion of the order. They must be kept secret in relation to third parties. In this regard, the provisions under para. XI apply in addition. 2.5 The engagement of subcontractors requires our prior agreement in text form or written form. 2.6 Supplier may assign his claims against us only with our approval. 2.7 Braunform may, also after contract closure, request that changes are made to the delivery item as far as these can reasonably be expected by Supplier in the frame of the normal production process. In this event due consideration is to be given to the mutual effect, in particular with respect to any additional or lesser costs and to the delivery dates. Supplier must review the request for changes in terms of their consequences within 5 (five) working days and give written notice of the result. Unless otherwise agreed and as far as amendments cannot be implemented within normal Supplier production processes without any significant additional expense, Braunform will refund Supplier any proven and appropriate additional costs incurred due to the amendment. If these amendments cause any delays to the delivery which are unavoidable in Supplier's normal production and business operations even if all reasonable measures had been taken, the agreed delivery date will be postponed accordingly.

Appears in 1 contract

Sources: Terms and Conditions of Purchase

Contract Closure. 2.1 Orders and their amendments are valid only if given by Braunform in writing, with it being sufficient if a signed order is transmitted via telefax or as PDF copy by e-mail. For orders of €3000 or less an e-mail is sufficient. A written agreement or our written acknowledgement as specified above is authoritative for the content of agreements made in individual cases verbally or by telephone. We are entitled to revoke our order until the acknowledgement is sent. 2.2 Supplier must declare the acceptance of the order in writing within a period of two (2) week. A late acceptance is deemed to be a new offer and requires acceptance by us. All offers made by Supplier are irrevocable and can be accepted by us within 2 weeks of receipt – provided that an extended deadline has not been fixed. 2.3 Drawings including tolerance details specified by Braunform from time to time are binding. By accepting the order, contractor acknowledges that he has been fully informed of the nature of the performance and the scope of the work and service by inspecting the existing plans. Prior to acceptance and for the purpose of taking corrective actions and completion, Supplier must draw our attention to any obvious mistakes, clerical and calculation errors in the order, also in the submitted documents, drawings and plans. The contract is otherwise void. 2.4 We reserve rights of ownership and copyrights in the calculations, drafts, construction proposals, data media, software and similar documents provided by us. These must not be made accessible to third parties without our express approval and are to be used solely for the manufacture based on our order and must be returned to us without extra request upon completion of the order. They must be kept secret in relation to third parties. In this regard, the provisions under para. XI apply in addition. 2.5 The engagement of subcontractors requires our prior agreement in text form or written formagreement. 2.6 Supplier may assign his claims against us only with our approval. 2.7 Braunform may, also after contract closure, request that changes are made to the delivery item as far as these can reasonably be expected by Supplier in the frame of the normal production process. In this event due consideration is to be given to the mutual effect, in particular with respect to any additional or lesser costs and to the delivery dates. Supplier must review the request for changes in terms of their consequences within 5 (five) working days and give written notice of the result. Unless otherwise agreed and as far as amendments cannot be implemented within normal Supplier production processes without any significant additional expense, Braunform will refund Supplier any proven and appropriate additional costs incurred due to the amendment. If these amendments cause any delays to the delivery which are unavoidable in Supplier's normal production and business operations even if all reasonable measures had been taken, the agreed delivery date will be postponed accordingly.

Appears in 1 contract

Sources: Terms and Conditions of Purchase