1.1. These terms and conditions of purchase apply for contracts of the VDE Verband der Elektrotechnik Elektronik und Informationstechnik e.V. (VDE Association for Electrical, Electronic and Information Technologies) and its affiliated companies (the “VDE Group”, “we” or the “client”) with business partners and suppliers (“sellers”) for the purchase and/or delivery of movables (“goods” or “product”), irrespective of whether the seller manufactures these itself or purchases them from suppliers. They also apply mutatis mutandis for the procurement of work and services. Acceptance of the products supplied is replaced by approval and acceptance in the case of work and by the performance of the service in the case of services. The terms and conditions of purchase apply only if the seller is an entrepreneur (section 14 of the Bürgerliches Gesetzbuch; “BGB” – German Civil Code), a legal entity under public law or a public law special fund.
1.2. Terms and conditions of the sellers that conflict with, are additional to or diverge from these terms and conditions of purchase shall form part of the contents of the contract unless we have expressly consented in writing to their validity. These terms and conditions of purchase also apply if we unconditionally accept a delivery from the seller while being aware of their conflicting or divergent terms and conditions.
1.3. Individual agreements made on a case-by-case basis prevail over these terms and conditions of purchase in any event. Subject to any proof to the contrary, a written contract or our written confirmation shall prevail over the contents of agreements of this kind.
1.4. These terms and conditions of purchase apply without prejudice to any additional rights to which we are entitled in accordance with the statutory provisions. References to the validity of statutory provisions are for clarification purposes only. The statutory regulations also apply without any clarification if they are not directly amended or expressly excluded in these terms and conditions of purchase.
1.5. Unless otherwise agreed, Parts B and C and the supplementary volume of the Vergabe- und Vertragsordnung für Bauleistungen (VOB – German Construction Contract Procedures) in the version valid at the time the contract is entered into apply in addition to these terms and conditions in the case of construction work.
1.6. The terms and conditions of purchase are valid as currently amended as a framework agreement also for future contracts for the supply of movables, work and/or services with the same sellers where the VDE Group does not have to refer to them again in each individual case; the currently valid version of the terms and conditions of purchase is available at