1. General information
a) These GTP govern the purchase of Contract Products and the provision of Services by Suppliers to ASC. The Contract Products to be delivered as well as the Services to be provided shall be specified in the respective Order supplementing the present GTP, with the provisions of the Order prevailing in case of any contradictions. If a separate written agreement was concluded between the Parties for the same subject matter, the present GTP shall only apply by way of supplement and shall be referred to as subordinate provisions in case of any contradictions.
b) In these GTP the following words and expressions shall have the following meaning: - “Contract Products” means all goods, products, spare parts and other deliverables specified or indicated by ASC in the Orders; - “ASC” means ADVANCED SILICONE COATING, ZI du mariage, 38 rue des Bruyères, 69330 Pusignan France , affiliate of PAUL HATMANN AG, Paul Hartmann StraBe 12, D-89504 Heidenheim placing the respective Order with Supplier; - “PHAG Subsidiaries” means all companies in which PHAG Corporation is directly or indirectly involved as a majority or minority shareholder; - “Order” means the purchase order or call-off of Contract Products or Services, in connection with these GTP in each case, without any explicit reference to the present GTP being required in the Order. ASC company places Orders at Supplier on its own behalf and for its own account; - “Parties” means ASC and Supplier, “Party” means any of them; - “Services” means all services provided by Supplier to ASC that are specified or indicated in the Orders by ASC and/or are reasonably associated with the same; unless there is any explicit written agreement to the contrary, these shall be services under a contract for work and services, with the result constituting a “work” in each case, as well as other services to be provided by Supplier; - “Supplier” means the respective provider/seller of the Contract Products and/or Services ordered in each case.
c) Supplier‘s General Terms and Conditions or General Contractual Terms are expressly and entirely excluded, (1) even if Supplier makes reference to them in its order confirmations, delivery notes or similar documents and ASC does not expressly object to them or (2) even if and insofar as they only supplement these GTP. The fact that ASC accepts any deliveries and/or Services shall not be deemed as agreement with any of Supplier‘s deviating terms.