Please read the following Terms and Conditions carefully.
General terms and conditions of purchase
I. Scope / Conclusion of contract / Insurance
1. The Conditions laid down in this General Terms and Conditions of Purchase are binding
for GGA GASTRO GmbH and Gastrosystema its subsidiaries, especially GGA GASTRO Sarl, Diamond Gastro AG
, in the following “GGA GASTRO”.
2. These terms and conditions of purchase apply exclusively to our purchase orders.
Supplements as well as deviating sales conditions are only valid if approved in written.
This is analogically valid for changes in these conditions. Disparate conditions of the
supplier fixed in his general terms and conditions or order confirmation are specifically
disputed. Unreserved acceptance of order confirmations or deliveries or payment of
invoices does not mean appreciation of divergent terms of the supplier. We expressly
accept (simple) retention of title of the supplier.
3. With the first delivery under the terms at hand, the supplier acknowledges its exclusive
application for every purchase order following.
4. All agreements reached individually and for a single incident take precedence over these
General Terms and Conditions of Purchase. For the content of these agreements
between the supplier and GGA GASTRO a written contract or confirmation of is GGA GASTRO
decisive. The supplier is entitled to prove otherwise.
5. If a written strategic partnership agreement is concluded that is to regulate the relationship
between GGA GASTRO and its supplier, all deliveries have to be executed with regard to the
conditions fixed in the agreement. These general terms serve only as addition if nothing
else is stipulated in the agreement.
6. All declarations and notifications have to be in text form (e.g. letter, E-Mail, fax): Statutory
requirements regarding form and further proof, especially regarding any doubt about the
authority of the Person giving the declaration or notifications remain unaffected. The
supplier needs to undertake a liability insurance protection with customary conditions, with
a minimum sum insured of 2M for personal damage and 500% for material damage. The
insurance has to be maintained at least for the time of contractual relation plus additional
time of warranty. Upon request, the insurance protection has to be proved.
7. All suppliers are regularly assessed with a supplier assessment system. In placing our
orders, GGA GASTRO will take into consideration if a supplier has proven to be particularly
effective according to this supplier assessment system.
II. Delivery and shipment
1. Deliveries are executed FOB (according to Incoterms in the version current at any given
time) to the designated place. If nothing else has been agreed, this includes packaging.
2. The acceptance of the goods is under the reservation that the goods are assessed
regarding their technical correctness and usability in accordance with Section 377
German Commercial Code. GGA GASTRO will review the goods within reasonable time
regarding quality and quantity.
A complaint is timely if declared within 5 days. If Faults
arise, which could not be detected with due diligence within this timeframe, the supplier
has to be notified without undue delay. The obligation to notify the supplier about faults
does not apply to instantly recognizable undersupplying, which are apparent from packing
lists, invoices or other notifications.
3. All Products have to be labelled as individually agreed with GGA GASTRO
4. Transport insurance is covered by GGA GASTRO if this is mandatory for the agreed delivery
terms (Incoterms in the version current at any given time).
5. For deliveries agreed as ex works, the dimensions and weight of the delivery has to be
communicated in timely manner.
6. GGA GASTRO is entitled to revoke the purchase order for free if it is not confirmed
unmodified within two working days.
7. The supplier is only allowed to use subcontractors or other suppliers with the prior consent
of GGA GASTRO in writing.
8. The supplier has to communicate estimated delivery times for every product or product
group when being listed. The delivery date agreed upon is binding. The supplier is
obligated to inform GGA GASTRO immediately and in timely manner as soon as he gets to
know about aggravating circumstances that may affect to fixed delivery date. The supplier
aims to reduce the delay in delivery with every effort, within reasonable bounds.
9. Every delivery has to be accompanied by a delivery note or a bill of lading indication
GastroHeros purchase order number as well as the description of the articles regarding its
type and amount.
10. Delivery is usually executed in customary disposable packaging. In case the supplier
uses returnable packaging, he provides it on loan. The return is on cost and risk of the
supplier. If GGA GASTRO exceptionally agrees on packaging cost coverage in written, it has
to be invoiced to the verifiable net cost price.
11. GGA GASTRO and the supplier will agree before the delivery, if the delivery can be
provided by drop-shipping directly to the customer. In case the goods are not accepted by
the customer ,the supplier will notify immediate GGA GASTRO (please notify
12. In case of delay in delivery, the statutory claims apply.
1. The supplier guarantees that the products acquired by are licensed GGA GASTRO for the
industrial use in the member states of the European Union and the Swiss Confederation
as well as that the product labelling, technical documents and manuals meet the
corresponding legal requirements.
2. The supplier has to prove the admission with appropriate certificates, especially with the
CE certificate (EU declaration of conformity) including all relevant standards and
3. The supplier ensures that the delivered goods show the concrete characteristics
appointed as well as they correspond to general standards of technology and laws and
4. For technical devices, the supplier delivers a technical description and a manual (German,
English, French, Spanish) for free, as well as all further documents required. Relevant
documents may be dimensioned drawing of the product, installation data sheet, circuit
diagram of electrical components, gas nozzle tables, exploded views and laboratory data
(analysis, diagrams). The supplied goods have to be marked according to valid EU
regulations and national laws and ordinances. Furthermore, the products have to be
enqeued to the trade statistics (statistical goods number – HS code).
5. As an international trade company, sells its pro GGA GASTROducts into different countries
worldwide. There are divergent requirements regarding the test certificates to be
submitted. If necessary for the relevant product group, the supplier has to submit DVGW /
SVGW certificate, TÜV-GS-sign, VDE test mark. GastroHero will notify the supplier to
which countries the goods are to be delivered. The supplier informs GGA GASTRO if his
goods meet the corresponding legal and technical requirements.
6. If the supplier is not already registered at the German “stiftung ear”, a common solution on
how to proceed with the registration responsibilities has to be found in advance of the first
7. For delivery from preference countries, the supplier must provide evidence of preference
for each delivery. The long-term supplier declaration according to EWG-VO 120/2001 in
the version current at any given time has to be submitted on an annual basis. For changes
of the supplier declaration during the year, the supplier has to inform GGA GASTRO
immediately. The country of origin has to be indicated for every delivery item. It has to be
proven on request through proof of preference (e.g. EUR-MED) or certificate of origin.
8. If the supplier delivers goods subject to export controls, he is obliged to send all
documents and information immediately to a person or authority, which GGA GASTRO
IV. Quality Management
1. GGA GASTRO aims to offer its customers a product portfolio with a balanced priceperformance ratio. To ensure reaching this target, the quality of the products acquired is in
2. In advance of commencement of the partnership, the supplier offers sample models of
selected products for free. will test the samples GGA GASTRO and record the test results.
The results are communicated to the supplier. Should the quality of the sample deviate
from the expectations of GGA GASTRO, both parties will collaborate in order to ensure an
acceptable quality level. The recorded test standards are basis for an evaluation of
possible customer claims. Exemptions from the sampling process will be communicated to
the supplier in written.
3. Changes in product design, in its main functions or in the materials used have to be
coordinated with GGA GASTRO in advance and are in need of written approval. If the
changes affect the product functions, the supplier has to offer a technical sample for tests
and sampling. Until written approval of GGA GASTRO has to be supplied