Search
General Purchase Conditions (GPC)
Aurora Kunststoffe GmbH
Max-Eyth-Straße 14-16
74632 Neuenstein
1. Scope of application
1.1 These Terms and Conditions of Purchase apply to all contracts for the purchase of goods and services by Aurora Kunststoffe GmbH (hereinafter referred to as “Aurora”) from entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
1.2 Deviating or supplementary terms and conditions of the supplier shall only apply if Aurora expressly agrees to their validity in writing.
2. Order and order confirmation
2.1 Orders are only binding if they are placed in writing or electronically by Aurora.
2.2 The supplier must confirm the order in writing within 3 working days. The parties shall also consider the order and the GTC to be accepted if the supplier does not confirm the order within the above-mentioned period but actually delivers/provides the goods or services specified in the order in accordance with the order specifications.
2.3 For all orders placed in accordance with these GTC, the Supplier shall apply uniform pricing principles, rules and procedures to determine the purchase price. Upon request by Aurora, the Supplier shall provide a written breakdown of the pricing and justify it. The breakdown must contain at least the following data, if applicable: unit price or lump sum, number or quantity, statutory value added tax and other fees, customs and import costs, transport/loading costs, insurance and other applicable costs. Changes and additions to the order require the written consent of Aurora.
3. Prices and terms of payment
3.1 The agreed prices are fixed prices, are net prices, and include all ancillary costs, in particular taxes, fees, customs and import costs, costs for transport/loading, insurance, and other applicable costs (unless otherwise agreed).
3.2 Payments shall be made within the agreed payment period from the date of complete delivery and receipt of the invoice. Unless otherwise agreed, payment shall be made within 60 days net or within 14 days with a 2% discount. The contracting parties shall bear the bank charges incurred in their own countries. Any fees incurred by an intermediary credit institution shall be borne by the supplier. Aurora's payment obligation shall be deemed to have been fulfilled on the day the amount is debited from its bank account.
3.3 Payment of an invoice shall not be construed as a waiver of Aurora's rights under these GTC or under statutory provisions. Assignment (transfer to another account number), factoring or forfaiting require a separate agreement with Aurora. All payments made by Aurora to the supplier are made under reserve and do not constitute acknowledgement of a claim, either in terms of amount or reason. If the supplier does not raise a justified objection within six (6) weeks of Aurora sending or instructing the final payment, all claims of the supplier against Aurora arising from the business transaction in question shall be deemed to have been settled.
3.4 Upon payment of the purchase price due, Aurora shall be compensated for the acquisition of intellectual property rights (e.g. patents, designs, trademarks, utility models, know-how, etc.) to the extent necessary for the free use of the goods and/or services covered by the order. In this context, Aurora shall be granted (if applicable) a simple, royalty-free licence for all goods or services delivered by the supplier, including all plans and similar documents, drafts, drawings, designs, technical processing and basic design. The supplier shall be liable for ensuring that no third-party property rights are infringed and shall indemnify and hold Aurora harmless in this regard.
4. Delivery, default, contractual penalty
4.1 Agreed delivery dates are binding. The supplier is obliged – within the scope of commercial expertise and diligence – to deliver the products in the quantity, quality, and type specified in the order to the customer at the specified time and place and under the specified conditions. At the same time as handing over the products, the supplier is obliged to provide approval or test certificates for the products, manufacturer certifications, and all information necessary for the intended use of the products and their maintenance and repair (e.g., operating instructions).
4.2 In the event of a delay in delivery, Aurora shall be entitled to demand a contractual penalty of 0.5% of the order value per week commenced, up to a maximum of 5%. Further legal rights remain unaffected.
4.3 Partial deliveries require express consent.
5. Notice of defects and warranty
5.1 Goods are inspected on a random basis upon receipt. Notices of defects are also permissible after further processing or use.
5.2 The warranty period is 24 months from delivery.
5.3 In accordance with the provisions of these GTC, the Supplier expressly warrants that, upon performance, the Products: (a) comply with all applicable legal regulations and the state of the art, (b) are suitable for the agreed purpose or intended use, (c) are free from defects (including visible and hidden defects), (d) are free from third-party claims and other third-party rights, and (e) enable the transfer of ownership to Aurora.
5.4 If the products do not comply with the agreed specifications and/or the characteristics described in the order during the warranty period, the supplier is obliged, upon receipt of a corresponding notification from Aurora, to take one of the following measures immediately, at Aurora's discretion but at the supplier's expense: (a) Complete rectification of the defects, (b) Replacement of the products, or (c) Granting of a price reduction. If the defects are not rectified or the defective goods or (service) by the supplier, Aurora shall be entitled, after notifying the supplier in advance, to carry out the repair or replacement itself or have it carried out by a third party at the supplier's expense. In the event of serious defects, Aurora may also withdraw from the contract after setting a reasonable grace period.
6. Retention of title
6.1 Retention of title The supplier's retention of title shall only apply insofar as it relates to our outstanding purchase price claim for the goods delivered in each case. Any further or extended retention of title is excluded.
7. Liability and insurance
7.1 The supplier shall be liable for all damage caused by defects or the rectification of defects in the delivery and/or service, as well as for any disadvantages caused by operational disruptions resulting therefrom, and for transport costs incurred in connection with the replacement of defective goods with goods free of defects. The supplier shall be obliged to compensate Aurora for any penalties or fees imposed on Aurora that are attributable to the goods delivered or services provided by the supplier. The supplier shall be liable to the same extent for the fault of its vicarious agents. The supplier undertakes to indemnify Aurora against any liability to third parties or liability claims by third parties arising from the manufacture, delivery or storage of the products (product liability) and to reimburse Aurora immediately for any payments made to third parties to settle justified claims.
7.2 The supplier undertakes to maintain adequate business liability insurance.
8. Termination and force majeure:
8.1 Aurora is entitled to terminate a contract in whole or in part with immediate effect or to withdraw from the order in the following cases:
In the event of termination with immediate effect by Aurora, the parties shall settle and fulfil the services rendered in accordance with the contract up to the date of termination and the contractual monetary equivalent (including any breach of contract and its consequences). Aurora's right to assert other rights under these GTC or its right to compensation shall remain unaffected. Notice of termination must be given in writing. In the event of an unsuccessful delivery attempt, the letter shall be deemed to have been delivered no later than 10 (ten) days after the second dispatch.
8.2 It shall not be considered a breach of contract if the parties are unable to fulfill their contractual obligations due to force majeure. Force majeure is defined as unforeseeable events beyond human control (e.g., war, strikes, blockades, earthquakes, floods, storms, inundations, fires, acts of terrorism, epidemics, or pandemics, etc.) that are beyond the control of the parties and constitute a direct obstacle to performance in accordance with the contract. In the event of force majeure, the delivery obligation shall be suspended. The same applies to all unforeseen disruptions and events beyond our control (e.g., official measures, operational disruptions, shortages of raw materials of all kinds, failure of delivery routes, sources of supply). The parties agree that contractual performance deadlines shall be automatically extended by the duration of the force majeure event. If the force majeure event lasts for more than 30 days, each party shall be entitled to withdraw from the affected contract in writing without any claims on the part of the other party.
9. Confidentiality and data protection
9.1 The contracting parties agree that all data and facts, in particular—but not limited to—the existence of the contract and its content, which become known to one contracting party about the other party and its activities at any time and in any manner, including knowledge obtained in connection with the conclusion and execution of this contract, shall be considered trade secrets (confidential information) and, as such, may not be disclosed to third parties or made available to third parties or used for purposes other than the performance of the contract.
9.2 Data protection laws, in particular the GDPR, must be complied with.
10. Place of performance, place of jurisdiction, choice of law
10.1.The place of performance is Aurora's registered office.
10.2 The place of jurisdiction shall also be Aurora's registered office, to the extent permitted by law.
10.3 The law of the Federal Republic of Germany shall apply, excluding its referral provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
11. Final provisions
11.1 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.
11.2 The supplier is obliged to observe Aurora's ethical standards of conduct, the ‘MOL Business Partner Code of Ethics’, and agrees to apply these standards in the performance of its contractual obligations. These regulations can be accessed on Aurora's website or will be sent to the supplier by email upon request.
11.3 Amendments and additions must be made in writing. Should individual provisions of these GTC be or become legally invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall agree without delay on a legally and economically equivalent provision.
Max-Eyth-Straße 14-16
74632 Neuenstein
1. Scope of application
1.1 These Terms and Conditions of Purchase apply to all contracts for the purchase of goods and services by Aurora Kunststoffe GmbH (hereinafter referred to as “Aurora”) from entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
1.2 Deviating or supplementary terms and conditions of the supplier shall only apply if Aurora expressly agrees to their validity in writing.
2. Order and order confirmation
2.1 Orders are only binding if they are placed in writing or electronically by Aurora.
2.2 The supplier must confirm the order in writing within 3 working days. The parties shall also consider the order and the GTC to be accepted if the supplier does not confirm the order within the above-mentioned period but actually delivers/provides the goods or services specified in the order in accordance with the order specifications.
2.3 For all orders placed in accordance with these GTC, the Supplier shall apply uniform pricing principles, rules and procedures to determine the purchase price. Upon request by Aurora, the Supplier shall provide a written breakdown of the pricing and justify it. The breakdown must contain at least the following data, if applicable: unit price or lump sum, number or quantity, statutory value added tax and other fees, customs and import costs, transport/loading costs, insurance and other applicable costs. Changes and additions to the order require the written consent of Aurora.
3. Prices and terms of payment
3.1 The agreed prices are fixed prices, are net prices, and include all ancillary costs, in particular taxes, fees, customs and import costs, costs for transport/loading, insurance, and other applicable costs (unless otherwise agreed).
3.2 Payments shall be made within the agreed payment period from the date of complete delivery and receipt of the invoice. Unless otherwise agreed, payment shall be made within 60 days net or within 14 days with a 2% discount. The contracting parties shall bear the bank charges incurred in their own countries. Any fees incurred by an intermediary credit institution shall be borne by the supplier. Aurora's payment obligation shall be deemed to have been fulfilled on the day the amount is debited from its bank account.
3.3 Payment of an invoice shall not be construed as a waiver of Aurora's rights under these GTC or under statutory provisions. Assignment (transfer to another account number), factoring or forfaiting require a separate agreement with Aurora. All payments made by Aurora to the supplier are made under reserve and do not constitute acknowledgement of a claim, either in terms of amount or reason. If the supplier does not raise a justified objection within six (6) weeks of Aurora sending or instructing the final payment, all claims of the supplier against Aurora arising from the business transaction in question shall be deemed to have been settled.
3.4 Upon payment of the purchase price due, Aurora shall be compensated for the acquisition of intellectual property rights (e.g. patents, designs, trademarks, utility models, know-how, etc.) to the extent necessary for the free use of the goods and/or services covered by the order. In this context, Aurora shall be granted (if applicable) a simple, royalty-free licence for all goods or services delivered by the supplier, including all plans and similar documents, drafts, drawings, designs, technical processing and basic design. The supplier shall be liable for ensuring that no third-party property rights are infringed and shall indemnify and hold Aurora harmless in this regard.
4. Delivery, default, contractual penalty
4.1 Agreed delivery dates are binding. The supplier is obliged – within the scope of commercial expertise and diligence – to deliver the products in the quantity, quality, and type specified in the order to the customer at the specified time and place and under the specified conditions. At the same time as handing over the products, the supplier is obliged to provide approval or test certificates for the products, manufacturer certifications, and all information necessary for the intended use of the products and their maintenance and repair (e.g., operating instructions).
4.2 In the event of a delay in delivery, Aurora shall be entitled to demand a contractual penalty of 0.5% of the order value per week commenced, up to a maximum of 5%. Further legal rights remain unaffected.
4.3 Partial deliveries require express consent.
5. Notice of defects and warranty
5.1 Goods are inspected on a random basis upon receipt. Notices of defects are also permissible after further processing or use.
5.2 The warranty period is 24 months from delivery.
5.3 In accordance with the provisions of these GTC, the Supplier expressly warrants that, upon performance, the Products: (a) comply with all applicable legal regulations and the state of the art, (b) are suitable for the agreed purpose or intended use, (c) are free from defects (including visible and hidden defects), (d) are free from third-party claims and other third-party rights, and (e) enable the transfer of ownership to Aurora.
5.4 If the products do not comply with the agreed specifications and/or the characteristics described in the order during the warranty period, the supplier is obliged, upon receipt of a corresponding notification from Aurora, to take one of the following measures immediately, at Aurora's discretion but at the supplier's expense: (a) Complete rectification of the defects, (b) Replacement of the products, or (c) Granting of a price reduction. If the defects are not rectified or the defective goods or (service) by the supplier, Aurora shall be entitled, after notifying the supplier in advance, to carry out the repair or replacement itself or have it carried out by a third party at the supplier's expense. In the event of serious defects, Aurora may also withdraw from the contract after setting a reasonable grace period.
6. Retention of title
6.1 Retention of title The supplier's retention of title shall only apply insofar as it relates to our outstanding purchase price claim for the goods delivered in each case. Any further or extended retention of title is excluded.
7. Liability and insurance
7.1 The supplier shall be liable for all damage caused by defects or the rectification of defects in the delivery and/or service, as well as for any disadvantages caused by operational disruptions resulting therefrom, and for transport costs incurred in connection with the replacement of defective goods with goods free of defects. The supplier shall be obliged to compensate Aurora for any penalties or fees imposed on Aurora that are attributable to the goods delivered or services provided by the supplier. The supplier shall be liable to the same extent for the fault of its vicarious agents. The supplier undertakes to indemnify Aurora against any liability to third parties or liability claims by third parties arising from the manufacture, delivery or storage of the products (product liability) and to reimburse Aurora immediately for any payments made to third parties to settle justified claims.
7.2 The supplier undertakes to maintain adequate business liability insurance.
8. Termination and force majeure:
8.1 Aurora is entitled to terminate a contract in whole or in part with immediate effect or to withdraw from the order in the following cases:
- repeated or serious breach of contractual obligations or the General Terms and Conditions by the supplier and/or persons acting for or on behalf of the supplier, or
- Opening of insolvency or liquidation proceedings against the supplier's assets, or
- in the event of force majeure.
In the event of termination with immediate effect by Aurora, the parties shall settle and fulfil the services rendered in accordance with the contract up to the date of termination and the contractual monetary equivalent (including any breach of contract and its consequences). Aurora's right to assert other rights under these GTC or its right to compensation shall remain unaffected. Notice of termination must be given in writing. In the event of an unsuccessful delivery attempt, the letter shall be deemed to have been delivered no later than 10 (ten) days after the second dispatch.
8.2 It shall not be considered a breach of contract if the parties are unable to fulfill their contractual obligations due to force majeure. Force majeure is defined as unforeseeable events beyond human control (e.g., war, strikes, blockades, earthquakes, floods, storms, inundations, fires, acts of terrorism, epidemics, or pandemics, etc.) that are beyond the control of the parties and constitute a direct obstacle to performance in accordance with the contract. In the event of force majeure, the delivery obligation shall be suspended. The same applies to all unforeseen disruptions and events beyond our control (e.g., official measures, operational disruptions, shortages of raw materials of all kinds, failure of delivery routes, sources of supply). The parties agree that contractual performance deadlines shall be automatically extended by the duration of the force majeure event. If the force majeure event lasts for more than 30 days, each party shall be entitled to withdraw from the affected contract in writing without any claims on the part of the other party.
9. Confidentiality and data protection
9.1 The contracting parties agree that all data and facts, in particular—but not limited to—the existence of the contract and its content, which become known to one contracting party about the other party and its activities at any time and in any manner, including knowledge obtained in connection with the conclusion and execution of this contract, shall be considered trade secrets (confidential information) and, as such, may not be disclosed to third parties or made available to third parties or used for purposes other than the performance of the contract.
9.2 Data protection laws, in particular the GDPR, must be complied with.
10. Place of performance, place of jurisdiction, choice of law
10.1.The place of performance is Aurora's registered office.
10.2 The place of jurisdiction shall also be Aurora's registered office, to the extent permitted by law.
10.3 The law of the Federal Republic of Germany shall apply, excluding its referral provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
11. Final provisions
11.1 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.
11.2 The supplier is obliged to observe Aurora's ethical standards of conduct, the ‘MOL Business Partner Code of Ethics’, and agrees to apply these standards in the performance of its contractual obligations. These regulations can be accessed on Aurora's website or will be sent to the supplier by email upon request.
11.3 Amendments and additions must be made in writing. Should individual provisions of these GTC be or become legally invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall agree without delay on a legally and economically equivalent provision.
Date: 25.07.2025
