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General Terms and Conditions of Purchase of Canon Giessen GmbH


§1 Common Conditions, Scope of Application

All deliveries and services of the supplier to Canon Giessen GmbH (hereinafter referred to as "CANON") are subject to the following general terms and conditions of purchase (hereinafter referred to as "Terms of Purchase"). The validity of deviating and supplementary terms and conditions of business of the supplier is excluded, even if CANON does not expressly object to them. Our terms of purchase will also apply if we accept the delivery of the supplier unreservedly in the knowledge of conditions of the supplier which are contrary to or deviate from our Terms of Purchase.


§2 Offer, Tender Documents

(1)   CANON's offers are non-binding, unless they are expressly designated as binding.

(2)   If the supplier’s placing of an order should qualify as an offer, CANON can accept this offer within two weeks by sending a written order confirmation.

(3)   Our orders are only valid, if they have been made in writing on the order form specifically provided for this purpose. The number of the order and our CANON part number must be quoted on all documents of the supplier.

(4)   We reserve the right to title of and copyrights in illustrations, drawings, calculations and other documents; they may not be made accessible to third parties without our express written consent. They are to be used exclusively for the production according to our order; after the order has been processed, they have to be returned without being asked. They must be kept secret to third parties. The aforesaid obligation of secrecy shall not apply to obvious or known illustrations, drawings, calculations or other documents.


§3 Time of Delivery

(1)   The delivery time or delivery date stated in the order is binding.

(2)   We must be informed immediately of any delivery delays as soon as the supplier had the chance to be aware of them.

(3)   In the event of non-compliance with delivery dates, we are entitled to the statutory claims. In particular, we shall be entitled to demand damages instead of performance and rescission after fruitless expiry of an appropriate period of time. If we demand damages, the supplier is entitled to prove that he is not responsible for the breach of duty.


§4 Prices, Terms of Payment

(1)   The price shown in the order plus the applicable VAT is binding. In the absence of any other written agreement, the price shall include packaging.

(2)   We can only process invoices if these - according to the specifications in our order - indicate the order number indicated there and the CANON part number. The supplier shall be responsible for all consequences resulting from non-compliance with this obligation, insofar as he cannot prove that he is not responsible for this.

(3)   Unless otherwise agreed in writing, we will pay the purchase price within 14 days from the date of invoice receipt after carried out delivery with a 3% discount, or of the net amount within 30 days after receipt of the invoice after carried out delivery.

(4)   We reserve the right of retention and the right to set-off to the extent permitted by law.


§5 Packaging

The supplier is obliged to use only environmentally friendly packaging. The packaging is to be calculated by the supplier at the cost price, as far as the agreed price does not include packaging. In the case of return by us, at least two-thirds of the calculated value shall be credited. There will be no invoicing of parcels for packaging. Damage caused by improper packaging is at the expense of the supplier.


§6 Delivery

(1)   The supplier is obligated to ensure that the ordered goods are delivered in conformity with CE conformity, EU conformity, RoHS conformity, health regulations and the safety data sheets.

(2)   The supplier shall ensure that the deliveries are carried out in compliance with the EU regulations on combat terrorism and all other regulations under public law.


§7 Transfer of Risk, Documents

(1)   Delivery shall be effected under “Delivery Duty Paid (DDP)” terms, or, in the case of sea freight, under “Cost, Insurance and Freight (CIF)” terms, in accordance with Incoterms 2020, to the designated address, unless otherwise agreed in writing.

(2)   The supplier is obligated to specify exactly our order number and our CANON part number on all dispatch papers and delivery notes; If he fails to do so, we shall not be held responsible for delays in processing.


§8 Inspection of Defects, Liability for Defects

(1)   It is our responsibility to examine the goods within reasonable time for possible quality and quantity deviations; the complaint is in time if it is received by the supplier within a period of 10 working days from the date of receipt of the goods or in the event of hidden defects from the date of discovery.

(2)   The statutory deficiencies are unaffected; in any case, we are entitled to demand from the supplier, at our discretion, the removal of defects or the delivery of a new item. The right of compensation for damages, in particular the right of compensation instead of performance, is expressly reserved.

(3)   The period of limitation of warranty claims is 36 months, calculated from the date of the passage of the risk.

(4)   Any defects that are recognizable for the supplier or identified by the supplier shall be immediately indicated by the supplier before the delivery of the goods.


§9 Product Liability, Exemption, Liability Insurance

(1)   If the supplier is responsible for a product defect, he is obliged to release us from claims for damages on the part of third parties on the first request, as the cause is within his domination and organization area and he is liable in the external relationship itself.

(2)   Within the scope of his liability for damages in the sense of § 9 Sect. 1, the supplier is also obligated to charge any expenses pursuant to § 683, 670 German Civil Code as well as § 830, 840, 426 German Civil Code, which arise from or in connection with a measure carried out by us. We will inform the supplier of the content and scope of the measures to be implemented - as far as possible and reasonable - and give him the opportunity to comment. Other statutory claims remain unaffected.

(3)   The service provider is obliged to maintain a liability insurance to protect CANON from damage caused by the service provider with a sufficient amount of cover.


§10 Intellectual Property Rights, Data Protection

(1)   The supplier shall ensure that no rights of third parties are infringed in connection with its delivery.

(2)   In case of being charged by a third party, the supplier is obligated to release us from these claims on the first written request. We are not entitled to make any agreement with the third party without the consent of the supplier, in particular to conclude a settlement.

(3)   The supplier's obligation to release refers to all expenses that necessarily arise from or in connection with the claim by a third party.

(4)   The period of limitation is 10 years from the date of conclusion of the contract.

(5)   We may collect, store, process, and use our data within the framework of the purpose of the respective contract with our suppliers, as far as these data are necessary for the execution of the contract.


§11 Code of Conduct for Suppliers

(1)   Declaration of Commitment to a Responsible Supply Chain in Accordance with the RBA Standard By entering or continuing a business relationship with us, the supplier acknowledges the Responsible Business Alliance (RBA) Code of Conduct as a binding standard.

(2)   The RBA Standard defines requirements in the areas of labor and human rights, the environment, ethics, and management systems that must be adhered to throughout the entire supply chain. We expect our suppliers to actively implement these principles and take appropriate measures for continuous improvement.

(3)   Compliance with the RBA Standard is a prerequisite for sustainable and trusting cooperation.

[RBA Verhaltenskodex der Canon Giessen GmbH]


§12 Retention of title, provision, tools, secrecy

(1)   If we provide goods to the supplier, we reserve the right of title. This applies to all deliveries or provisions, even if we do not always expressly refer to them. We reserve the right to title of the provided object until full settlement of all claims of CANON arising from the ongoing business relationship, provided that the supplier is an entrepreneur. If the supplier is a consumer, we reserve the right to title of the provided object until complete payment of the fee for the provided object has been made.

(2)   The handling, processing or transformation of the provided object by the supplier shall always take place in our name and on our behalf. In this case, the supplier's option to entitlement (Anwartschaftsrecht) concerning the object shall be continued on the altered good(s). If the provided goods are processed with other goods not belonging to us, we acquire the co-ownership to the new good(s) in proportion to the objective value of the provided goods to the other processed goods at the time of processing. The same applies in case of mixing the goods. Insofar as the mixing takes place in such a way that the buyer's good is to be regarded as the main good, it is agreed that the supplier transfers proportionate co-ownership to us and keeps the resulting sole proprietorship or co-ownership for us. In order to safeguard our claims against the supplier, the supplier assigns to us those claims against a third party which are due to him as a result of the provided goods being connected with the real property; we accept this assignment already now.

(3)   We reserve the right to title regarding tools. The supplier is obliged to use the tools exclusively for the manufacture of the goods ordered by us. The supplier is obliged to insure the tools belonging to us for the replacement value at his own expense against fire, water and theft. At the same time, the supplier already assigns us all claims for damages from this insurance. We accept the assignment. The supplier is obliged to carry out all necessary maintenance and inspection work on our tools as well as all maintenance and repair work in good time at his own expense. He will immediately notify us of any disturbances; if he fails culpably, claims for damages will remain unaffected.

(4)   The supplier is obliged to treat all illustrations, drawings, calculations and other documents and information strictly confidential. They may only be passed on to third parties with our express consent. The obligation to secrecy also applies after the execution of this contract; it shall cease to exist if and to the extent that the production knowledge contained in the transferred illustrations, drawings, calculations and other documents will become generally known.

(5)   Insofar as (1) to (3) exceeds the purchase price of all our unpaid conditional goods by more than 20%, we are obligated to disclose the security rights at the supplier's discretion.


§13 Jurisdiction, Place of Fulfillment, Applicable Law

(1)   If the supplier is a merchant, our place of business is jurisdiction; however, we are also entitled to sue the supplier at his court of jurisdiction.

(2)   Unless otherwise specified in the order, our place of business shall be the place of performance.

(3)   German law is applicable under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.



As of December 2025