general conditions of purchasing – mpcc 米巴中国通用采购 ... - miba.pdf

General Conditions of Purchasing – MPCC 米巴中国通用采购条款 1. General: 一般规定： After amicable negotiation, both the Purchaser and the Supplier conclude these General Conditions of Purchasing. These General Conditions of Purchasing shall, irrespective of whether or not they are explicitly referred to, apply to all transactions conducted between the Purchaser and the Supplier, including but limited to the manufacture and supply of goods, the processing of semi-finished goods and the provision of services (hereinafter together referred to as “Goods and Services”). The contractual relationships between the Purchaser and the Supplier shall be exclusively governed by these General Conditions of Purchasing, unless agreed upon otherwise in writing in particular cases. This shall apply irrespective of any reference to the Supplier’s own General Terms of Business, even where the Purchaser fails to explicitly object to the application thereof. Further, this shall apply if the Purchaser-being aware of the Supplier’s different or conflicting terms of business-accepts the contractual Goods or Services without reservation. The Supplier shall only be entitled to engage subcontractors with the Purchaser’s prior written consent, whereby the Purchaser shall not be obliged to substantiate a respective refusal. In any case, the Supplier may only use subcontractors that offer adequate guarantee for technically perfect and timely performance of contract. The Purchaser has right without obligation to audit the Supplier or its subcontractors by means as the Purchaser may think is reasonable. If the Supplier involves subcontractors, ancillary suppliers or any other third party in the performance of the contract, the Supplier shall be liable (also with respect to fault on the part