General Terms and Conditions of Purchase

General Terms and Conditions of Purchase (GTC)

1. Scope

 

1. These General Terms and Conditions of Purchase apply to all orders, purchases, works contracts, contracts for the supply of goods and other procurement contracts of Patrick Mendez Campanon, trading under the business name PMC-Design Patrick Mendez Campanon, Hamburger Str. 13, 22946 Großensee, towards entrepreneurs.
2. They apply in particular to the procurement and production of:

• CNC turned and milled parts,
• Laser and flame parts,
• Edge and bending parts,
• welded assemblies,
• Metal and machine components,
• Drawing and special parts,
• Raw materials,
• Purchased and standard parts,
• electrical, pneumatic and mechanical components,
• Assemblies and other supplied parts.

3. Any conflicting or deviating general terms and conditions of the supplier are hereby rejected. PMC design Patrick Mendez Campanon.
4. Insofar as effectively incorporated general terms and conditions of both parties contradict each other, the statutory provisions shall apply to the relevant area of regulation, unless an individual agreement has been made.
5. Individual agreements between PMC design Patrick Mendez Campanon and the supplier take precedence over these General Terms and Conditions of Purchase.

2. Order and order confirmation

 

1. Orders from PMC design Patrick Mendez Campanon The following are binding with regard to item, drawing status, quantity, price, delivery date and delivery address, unless otherwise specified in the order.
2. The supplier must check the order immediately and PMC design Patrick Mendez Campanon to point out any recognizable ambiguities, contradictions, missing information or technically identifiable problems.
3. Any deviations from the order require the express consent of [name/company] before execution. PMC design Patrick Mendez Campanon in text form.

4. This applies in particular to changes regarding:

• Dimensions,
• Tolerances,
• materials,
• surfaces,
• Heat treatments,
• Coatings,
• Manufacturing processes,
• Quantities,
• Delivery dates and
• Execution details.

5. Changes or additions to an order confirmation from the supplier are only considered agreed if PMC design Patrick Mendez Campanon has expressly agreed to this.

3. Drawings and technical documents

 

1. The of PMC design Patrick Mendez Campanon Submitted drawings, CAD data, STEP files, DXF files, parts lists, specifications, samples and other technical documents are part of the respective order, insofar as they are assigned to it.
2. Before starting production, the supplier must check the documents provided to him for any recognizable contradictions, ambiguities, missing information and technical feasibility.
3. If the supplier identifies ambiguities or has reasonable doubts about the intended design, they must postpone production of the affected area and seek clarification from the relevant party before resuming production. PMC design Patrick Mendez Campanon to bring about.
4. Unauthorized technical modifications are not permitted.
5. In particular, they may not be allowed without prior approval by PMC design Patrick Mendez Campanon no additional or differing:

• Chamfers,
• Radii,
• Edge fractures,
• Free stitches,
• Declines,
• Drilling,
• Thread,
• Surface treatments or
• other geometric changes

Modifications may be made insofar as they could affect the geometry, function, dimensional accuracy, fit or subsequent use of the component.

6. Unless the order, drawing, its title block, an expressly included technical specification or standard contains a different requirement, edges not expressly defined may only be professionally deburred.
7. Any further modification of the component geometry requires prior approval by PMC design Patrick Mendez Campanon.
8. Insofar as a drawing expressly specifies standards, general tolerances or other technical regulations, these must be adhered to in the version applicable to the respective order.
9. The supplier may not independently deviate from the specified technical documents because he considers a different design to be more technically appropriate, economical or customary.

4. Materials and materials

 

1. Prescribed materials are mandatory.
2. The replacement of a specified material with a comparable, similar, or supposedly higher-quality material is only permitted after prior approval by PMC design Patrick Mendez Campanon Permissible in text form.
3. If material certificates, factory certificates, test certificates or other evidence are ordered or required due to the agreed product specification, these must be provided no later than upon delivery.
4. If required in the order, material batches and batch numbers must be documented in a traceable manner.

5. Delivery quality

 

1. The supplier is obligated to ensure that all delivered products and services comply with the following:

• the order,
• the agreed drawings,
• the agreed technical specifications,
• the released samples,
• the relevant legal requirements and
• to execute the expressly agreed standards.

2. The supplier is responsible for the quality of its manufacturing and for quality control appropriate to the respective product.
3. The supplier must use suitable and, where necessary, sufficiently accurate testing and measuring equipment.
4. PMC design Patrick Mendez Campanon For quality-critical components, the company may require appropriate testing and measurement protocols, provided this has been agreed upon or is objectively necessary due to a specific quality problem.
5. If initial samples, test reports or release samples have been agreed upon, series production may only begin after the required approval has been obtained.
6. The release of samples or test results does not release the supplier from his responsibility for the contractual execution of the delivery.

6. Subcontractor

 

1. The supplier remains fully responsible for the contractual performance of its services even if individual manufacturing steps are carried out by subcontractors.
2. Insofar as a specific manufacturing plant, place of manufacture or manufacturing process has been expressly agreed upon, deviations from this may only occur with the prior consent of PMC design Patrick Mendez Campanon Deviations may occur.
3. The supplier must ensure that any subcontractors used by him also comply with the technical, quality and confidentiality requirements applicable to the respective order.

7. Prices and additional costs

 

1. The prices agreed upon in the order are binding.
2. Subsequent price changes or surcharges require the prior consent of PMC design Patrick Mendez Campanon.
3. Additional costs not agreed upon before the contract was concluded will only be covered if PMC design Patrick Mendez Campanon which he expressly released before its creation.
4. Packaging, transport and other incidental costs depend on the specific order and the expressly agreed delivery terms.

8. Delivery and delivery dates

 

1. Agreed delivery dates and deadlines are binding.
2. If the supplier realizes that an agreed delivery date cannot be met, he has PMC design Patrick Mendez Campanon to inform immediately.
3. The communication should contain, in particular:

• the cause of the delay,
• the expected duration of the delay and
• a realistic new delivery date.

4. The notification of a delay does not constitute acceptance of PMC design Patrick Mendez Campanon This represents a postponement of an agreed delivery date.
5. The legal rights and claims of PMC design Patrick Mendez Campanon Delivery delays remain unaffected.
6. Reasonable and necessary additional costs attributable to the supplier and directly caused by a delayed delivery may be claimed in accordance with the legal requirements.
7. Partial or advance deliveries are only permitted insofar as they are accompanied by PMC design Patrick Mendez Campanon are coordinated or for PMC design Patrick Mendez Campanon do not cause any significant disadvantages.
8. Over- or under-deliveries require the prior approval of PMC design Patrick Mendez Campanon, provided they are not insignificant and are customary in the industry and do not contradict the order.

9. Shipping, packaging and transfer of risk

 

1. Delivery must be made to the delivery address specified in the respective order.
2. The goods must be packaged in such a way that they are adequately protected against damage, corrosion, contamination and other foreseeable impairments during proper transport.
3. Each delivery must clearly correspond to the respective order from PMC design Patrick Mendez Campanon can be assigned.
4. Delivery notes should contain at least the following information:

• Order number,
• Article or drawing number,
• Article name,
• Quantity and
• as far as the drawing or revision status is relevant.

5. The transfer of risk and transport conditions are governed by the delivery terms agreed in the respective contract.
6. If Incoterms are expressly agreed upon, the Incoterms® 2020 shall apply unless otherwise agreed.

10. Invoices and Payment

 

1. Invoices must clearly correspond to an order or delivery from PMC design Patrick Mendez Campanon can be assigned.
2. Invoices should include, in particular, the order number and, if applicable, the item or drawing number.
3. Unless otherwise agreed, the payment term is 30 days net from receipt of a proper and verifiable invoice and complete delivery or service.
4. The payment period does not begin before receipt of the documentation contractually owed and required for the inspection or contractual use of the delivery.
5. A payment by PMC design Patrick Mendez Campanon This does not constitute an acknowledgment of the delivery being free of defects or in conformity with the contract.

11. Inspection and notification of defects

 

1. Insofar as statutory obligations to inspect and give notice of defects, in particular Section 377 of the German Commercial Code (HGB), are applicable to the respective contractual relationship, PMC design Patrick Mendez Campanon Examine the goods in the ordinary course of business.
2. The investigation includes, in particular, an examination for:

• Identity,
• Crowd,
• obvious transport damage and
• Defects detectable during appropriate incoming inspection.

3. Any defects that are apparent will be reported immediately after their discovery, provided there is a corresponding legal obligation to do so.
4. Defects that were not apparent during a proper incoming goods inspection will be reported immediately after their discovery, insofar as legally required.
5. In the case of technically complex components, drawing parts or assemblies, certain defects may only become apparent during measurement, assembly, further processing, commissioning or intended use.

12. Defects and subsequent performance

 

1. In the event of defective or non-contractual deliveries and services, the following applies: PMC design Patrick Mendez Campanon the statutory warranty rights of the respective underlying contract type.
2. The supplier must, upon notification of a defect, immediately PMC design Patrick Mendez Campanon to agree on how and within what reasonable timeframe any necessary subsequent performance should take place.
3. The type and execution of the subsequent performance are governed by the statutory provisions and the respective type of contract.
4. The supplier shall bear the necessary expenses for subsequent performance that he is required to bear under the statutory provisions.
5. This may include, in particular, necessary costs for:

• Test,
• Sorting,
• Transport,
• Return,
• Removal and installation,
• Rework and
• redelivery

include, provided that the legal requirements are met.

6. After the unsuccessful expiry of a reasonable period for subsequent performance, or if setting a deadline is unnecessary according to the statutory provisions, PMC design Patrick Mendez Campanon entitled to assert further legal rights.
7. Provided the legal requirements are met, this can also include remedying defects by PMC design Patrick Mendez Campanon or by a commissioned third party, as well as the assertion of the expenses required thereby.
8. In urgent cases, particularly in the event of an imminent production shutdown, significant delivery delays to a customer, or similar special circumstances, the statutory rights of PMC design Patrick Mendez Campanon untouched.
9. The supplier is exempt from taking measures to remedy the defects by PMC design Patrick Mendez Campanon or to inform third parties, insofar as this is possible, necessary and reasonable under the circumstances.

13. Repetitive errors and quality problems

 

1. In the event of repeated or significant quality deviations, PMC design Patrick Mendez Campanon The supplier may be required to provide a documented root cause analysis, insofar as this is appropriate due to the specific quality problem.
2. The supplier shall, upon request, provide suitable corrective actions and measures to prevent a recurrence.
3. Where appropriate given the nature of the error, an 8D report or a comparable structured error analysis can be agreed upon.

14. Deviations during manufacturing

 

1. The supplier has PMC design Patrick Mendez Campanon to inform immediately if a deviation from the agreed requirements is detected during production.
2. Further production or delivery of deliberately deviating parts is only permitted after explicit approval by PMC design Patrick Mendez Campanon
3. Approval of a deviation applies exclusively to the specific order or process in question and does not constitute a general change to drawings, specifications or future orders.

15. Identification and traceability

 

1. Insofar as identification or traceability is agreed upon in the order or required due to the product specification, the supplier must ensure that components, batches or production lots can be assigned accordingly.
2. Markings may only be affixed at agreed or technically permissible locations and in the agreed form.

16. Ownership and use of technical documents

 

1. All of PMC design Patrick Mendez Campanon provided:

• Drawings,
• CAD data,
• DXF and STEP files,
• Bills of materials,
• calculations,
• constructions,
• Photos,
• Pattern,
• technical documentation and
• other documents

remain the property of PMC design Patrick Mendez Campanon or the respective rights holder, insofar as ownership of these documents exists.

2. Copyright, usage rights, protection rights and other rights remain with the respective rights holder.
3. The provision of the documents grants the supplier only the rights of use necessary for the execution of the respective order.
4. The documents may not be accessed without prior consent from PMC design Patrick Mendez Campanon not to be used for the production of products for other clients.
5. Disclosure to third parties is only permitted if it is necessary for the contractual execution of the order and the third party has been accordingly bound to confidentiality.

17. confidentiality

 

1. All non-public commercial and technical information that the supplier discloses in connection with an inquiry or order of PMC design Patrick Mendez Campanon Information received must be treated confidentially.
2. This applies in particular to:

• Customer data,
• Drawings,
• Prices,
• Calculations,
• Product ideas,
• constructions,
• Manufacturing processes,
• Bills of materials,
• CAD data and
• Technical product information.

3. The obligation of confidentiality does not apply to information that the supplier can demonstrably:

• already legally known,
• independently developed,
• lawfully received from a third party entitled to do so,
• have become publicly known without breach of a confidentiality obligation or
• must disclose due to mandatory legal or regulatory obligations.

4. To the extent legally permissible, the supplier PMC design Patrick Mendez Campanon to inform before any disclosure is required due to legal or regulatory obligations.
5. Publication of components, drawings, photos or information about the business relationship with PMC design Patrick Mendez Campanon, especially on websites, social networks or in advertising materials, requires the prior consent of PMC design Patrick Mendez Campanon.
6. The general confidentiality obligation applies for a period of five years after the termination of the respective business relationship.
7. Furthermore, business and trade secrets must be treated confidentially as long as they are legally protected as trade secrets.

18. Tools, fixtures and patterns

 

1. Tools, fixtures, measuring instruments, gauges, models or patterns that PMC design Patrick Mendez Campanon Items provided to the supplier remain the property of PMC design Patrick Mendez Campanon.
2. Especially for PMC design Patrick Mendez Campanon Ownership of manufactured tools or devices is governed by the respective contractual agreement.
3. Owned by PMC design Patrick Mendez Campanon Standing items may only be used for orders from PMC design Patrick Mendez Campanon They may be used unless otherwise agreed.
4. These items must be properly labelled and handled with care.
5. Damage or loss PMC design Patrick Mendez Campanon to be notified immediately.
6. Upon request, the property of PMC design Patrick Mendez Campanon to hand over any items in possession of the goods, unless otherwise agreed.

19. Third-party intellectual property rights

 

1. Within the scope of its own responsibility and performance, the supplier ensures that its delivery and its contractual use do not infringe any third-party rights.
2. This applies in particular to products, components and processes developed or selected by the supplier itself.
3. Provided that the supplier is exclusively based on PMC design Patrick Mendez Campanon If a manufacturer produces according to given designs, drawings or mandatory technical specifications, he is liable for resulting infringements of intellectual property rights only in accordance with the statutory provisions and his own area of responsibility.

20. Legal requirements and compliance

 

1. The supplier is obliged to comply with the applicable legal regulations for its deliveries and services.
2. This applies – insofar as it is relevant to the specific delivery or service – in particular to:

• Product safety,
• Environmental law,
• Hazardous substances law,
• Occupational safety,
• REACH,
• RoHS,
• Export and sanctions regulations as well as
• other mandatory legal requirements.

3. Required evidence, explanations, or documentation are PMC design Patrick Mendez Campanon to make them available upon justified request, insofar as the supplier is obliged to provide them or they are necessary for the contractual use of the goods.

21. Liability and recourse

 

1. The contracting parties are liable in accordance with statutory provisions, unless there is an effective deviating individual agreement.
2. The supplier is liable in accordance with statutory regulations for damages caused by him or his agents through culpable breach of contractual or statutory obligations.
3. Becomes PMC design Patrick Mendez Campanon If a customer or other third party makes a claim against the supplier due to a product, material or manufacturing defect for which the supplier is responsible, any recourse, indemnification and damage claims are governed by the statutory provisions.
4. The supplier has PMC design Patrick Mendez Campanon to provide support, to a reasonable and necessary extent, in the technical clarification of a product, manufacturing or quality problem, insofar as the necessary information originates from his area of responsibility.

22. Business and product liability insurance

 

1. The supplier shall, insofar as this is customary and appropriate according to the nature, scope and risk of its business activities, maintain adequate business liability insurance and, where applicable, product liability insurance.
2. PMC design Patrick Mendez Campanon may, if there is a legitimate reason, demand appropriate proof of existing insurance coverage.

23. Force majeure

 

1. Events of force majeure or similar unforeseeable events beyond the reasonable control of one contracting party that significantly impede the performance of the contract must be communicated to the other contracting party without delay.
2. The affected contracting party shall take appropriate and reasonable measures to minimize the impact on the performance of the contract.
3. If a significant impairment persists for a not insignificant period of time, the contracting parties will coordinate further action, taking into account the statutory rights and obligations.
4. Further legal rights of the parties remain unaffected.

24. Applicable law

 

1. The law of the Federal Republic of Germany applies to the business relationship.
2. To the extent legally permissible and unless expressly agreed otherwise, the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG/UN Sales Law) is excluded.

 

 

25. Place of jurisdiction and performance

 

1. The place of performance for deliveries is the delivery location specified in the respective order, insofar as legally permissible and unless otherwise agreed.
2. If both contracting parties are merchants, legal entities under public law, or special funds under public law, or if the requirements of another legally permissible agreement on jurisdiction are met, the place of jurisdiction shall be the court responsible for the registered office of PMC-Design Patrick Mendez Campanon in 22946 Großensee competent court.
3. PMC design Patrick Mendez Campanon The supplier remains entitled to take legal action against the supplier at its general or any other legally permissible place of jurisdiction.

26. Final Provisions

 

1. For evidentiary purposes, amendments and additions to contractual agreements should be made in written form, unless a stricter form is prescribed by law.
2. Individual agreements between PMC design Patrick Mendez Campanon and the supplier take precedence over these General Terms and Conditions of Purchase.
3. Should any provision of these General Terms and Conditions of Purchase be or become wholly or partially invalid or unenforceable, the statutory provisions shall apply in its place.
4. The validity of the remaining provisions remains unaffected, insofar as this is legally permissible.

Patrick Mendez Campanon
trading under the business name
PMC design Patrick Mendez Campanon

Sole proprietorship

Hamburger Str. 13
22946 Großensee
Germany

As of September 2026