General Terms and Conditions of Hochschule Offenburg
1. General Information
These General Terms and Conditions of the Hochschule Offenburg apply to the procurement of goods and services ~ excluding construction services.
2. Components of the Contract
The following are considered integral parts of contracts for University commissions:
a) the letter of engagement, these General Contract Terms and Conditions, and, where applicable, any Special Contract Terms and Conditions specified in the letter of engagement.
b) the General Conditions for the Performance of Services (excluding construction services) (VOL/B) of the German Public Procurement Regulations for Services and the Regulation on the Award of Public Contracts (VgV)
c) the Ordinance on the Avoidance of Packaging Waste (Packaging Ordinance—VerpackV) dated August 21, 1998.
Deviations and notes on letterhead, invoices, price lists, etc., indicating that the contract is based on the contractor’s terms and conditions, are valid—as are verbal agreements—only if the University has confirmed them in writing. This does not apply to any discount offered to the University. Only written and signed orders from Hochschule Offenburg are legally binding.
3. Price Agreements
Unless otherwise agreed, the prices stated in the offer are fixed prices that cover all services provided by the contractor, including freight, packaging, and other costs and charges, and include all discounts on any list price in the form of University and government discounts. Any maintenance costs—including those that may arise in the future—must be listed separately. The price is valid for 6 months, unless another period is specified.
4. Packaging, Shipping
The goods will be carefully packaged in accordance with their specific characteristics and delivered free to the place of use. The place of use is determined by the delivery address specified in the order letter.
Packaging must be limited to what is absolutely necessary. It should be recyclable or suitable for material recovery. Packaging materials are generally returned to the contractor at the contractor’s expense and without any warranty as to their condition. The same applies to empty containers (e.g., toner cartridges, PC ink cartridges, printer drums); the contractor is responsible for ensuring their environmentally sound disposal. If the packaging materials or containers are not returned, they shall—unless otherwise agreed—become the property of the client without any claim to compensation. If delivery is made in rented containers, the Contractor—unless otherwise agreed—shall have no claim to separate reimbursement of the rental fees.
The Packaging Ordinance of August 21, 1998, must be observed.
5. Delivery and Services
Delivery must be made free to the point of use at the supplier’s risk.
Goods are accepted only Monday through Friday from 9:00 a.m. to 12:30 p.m. and, if necessary, by appointment. Each shipment must be accompanied by a delivery note that includes details regarding the type and scope of the goods, as well as the date and number of the order letter. Goods are generally accepted at the point of use specified in the order letter. If agreed-upon delivery deadlines cannot be met, the University must be notified immediately in writing. If agreed-upon delivery deadlines are not met, the University is entitled, without prejudice to its rights under VOL/Part B, to claim compensation for any resulting damages.
The delivery of component assessments requires the separate consent of Hochschule Offenburg. Acceptance of component assessments shall take place upon delivery of the final component assessment. Exceptions require a written agreement.
Sections 446(1) and 644(1) of the German Civil Code (BGB) apply to the transfer of risk. The University may require a quality inspection to be conducted. The nature, location, and conduct of the quality inspection shall be determined by the University, taking into account the contractor’s operational needs.
6. Placing an Order
If an order is placed, an order confirmation must be sent to beschaffung@hs-offenburg.de.
In addition, for orders exceeding 20,000 euros net, the following must be submitted:
A self-declaration stating that, for tax purposes, there are no objections to awarding public contracts to the supplier (certificate of good standing).
A self-declaration stating that the laws regarding payment of taxes and social security contributions, not collected by the relevant tax office, have been fulfilled.
7. Invoice
For each order, a digital invoice must be submitted to Hochschule Offenburg at beschaffung@hs-offenburg.de, specifying the order number, date, contract number, shipping address, and the time of service.
Partial invoices must be marked as such. Delivery notes and other necessary supporting documents, such as bills of materials, weighing slips, waybills, etc., must be attached to the invoice. Partial invoices must be numbered consecutively. The final invoice must be marked as the final invoice.
The assignment of a claim by the Contractor is legally effective only with the written consent of Hochschule Offenburg.
8. Payment
Payment terms generally begin on the date the invoice is received by Hochschule Offenburg (date stamp). If delivery occurs after the invoice has been received by Hochschule Offenburg, the payment term begins on the date of delivery. Payment is contingent upon functional acceptance by Hochschule Offenburg. If services or invoices give rise to complaints, or if required documents are not included, the payment period does not begin until the defects have been remedied or until the corrected or supplemented invoice has been received. If a discount is granted, a discount period of 14 days applies from the start of the payment period. The date of payment is considered to be the date of delivery for in-person deliveries, and for bank transfers, the date the payment order is submitted to the Landesoberkasse Karlsruhe.
9. Miscellaneous
Correspondence, order confirmations, delivery notices, waybills, payment reminders, etc., must include the University’s order number. Any delays or damages that may result from failure to comply with this requirement shall be borne by the contractor.
10. Jurisdiction
The place of jurisdiction is Offenburg