Emailed Delivery Schedules
Agreement
(the "Agreement")
Dated [date]
between
Lisa Dräxlmaier GmbH
Landshuter Straße 100
84137 Vilsbiburg
Germany
-the "Buyer" -
und der
[Supplier name and
address]
-the "Supplier" -
- together known as the "Parties"-
Preamble
The Buyer, as required under § 15 AktG, sends all Delivery Schedules for Products for current series production to Suppliers per DFU/EDI and/or per facsimile.
At the request of the Supplier, all Delivery Schedules from the Buyer, including the affiliated companies listed in Section 2 below, shall be sent exclusively per email and longer per DFU/EDI or facsimile.
Based on the above, the Parties have made concluded the following Agreement:
1. Basic Information
Supplier Number: [Supplier number]
Supplier's Contact Person: [complete name and phone number]
Transmission frequency: generally once a week, in case of alterations several times a week
Supplier's only PDF per Email
Preferred notification format: PDF and XML per E-Mail
Preferred Delivery Schedule language: German English
Dedicated Supplier's Email address to receive Delivery Schedules:
(Please Note: The email address listed above may not exceed 50 characters. For example, a generic dedicated email address, such as , may not exceed 50 characters.)
2. Buyer's Obligations
The Buyer, shall, as required by Section 1 above, send all series Delivery Schedules in the preferred format to the Supplier. The Buyer, including the affiliated companies listed below, shall send all Delivery Schedules to the dedicated email address listed above. The following are the Buyer's affiliated companies ("Affiliated Companies") that are subject to this Agreement:
- Eldra Kunststofftechnik GmbH, Landshuter Straße 100, 84137 Vilsbiburg, Germany
- DST Dräxlmaier Systemtechnik GmbH, Landshuter Straße 100, 84137 Vilsbiburg, Germany
- DFL Dräxlmaier Fahrzeug Logistik GmbH, Landshuter Straße 100, 84137 Vilsbiburg, Germany
- DIS Dräxlmaier Industrial Solutions GmbH, Landshuter Straße 100, 84137 Vilsbiburg, Germany
- EKB Elektro- und Kunststofftechnik Ges.m.b.H., Industriezeile 1-3, 5280 Braunau am Inn, Austria
The Buyer shall send all Delivery Schedules via Email once this Agreement has been executed by the Supplier and a copy thereof has been sent to the following email address of the Buyer . The original Agreement shall be sent to the following address:
DIS Dräxlmaier Industrial Solutions GmbH, Central Material Planing, Landshuter Straße 100, 84137 Vilsbiburg, Germany
3. Supplier's Obligations
Supplier shall ensure that it has the capability that allows the Buyer to send Delivery Schedules per email. The Supplier shall ensure that the dedicated email address listed in Section 1 is capable of receiving Delivery Schedules from the Buyer seven (7) days a week, twenty-four (24) a day.
Supplier shall constantly monitor the dedicated email address Monday through Friday for receipt of Buyer's Delivery Schedules. Supplier shall process Delivery Schedules no later than one (1) business day after receipt.
Supplier shall give the Buyer timely written notice of any change in the dedicated email address. The written notice must be sent to: . No changes to the dedicated email address can be undertaken without Buyer's express written approval that shall not be unreasonably withheld.
If Supplier breaches any of the above listed obligations, it shall fully compensate Buyer, and/or any Affiliated Company for any and all damages, unless they are not at fault.
4. Contact Adresss
All questions regarding the sending of Delivery Schedules per email shall be sent to the following email address .
5. Term, Termination
The term of this Agreement is for an indefinite period.
This Agreement can be terminated by either Party with three (3) months written notice to the end of the month.
After termination is effective, all delivery schedules shall be sent via DFU/EDI and/or per facsimile.
Any and all other rights of the Parties to terminate this Agreement shall remain unaffected.
6. Governing Law, Jurisdiction, Venue
This Agreement shall be govern under the laws of the Federal Republic of Germany and the courts in Munich, Germany shall have exclusive venue and jurisdiction over any dispute arising hereunder. The application of the CISG (CISG) is hereby expressly excluded.
7. Severability
If any section or portion of this Agreement is declared invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Supplier:(Place/Date)
[Supplier name]
(company name, company stamp)
______
name and function in letters & signature 1 / Buyer:
(Place/Date)
Lisa Dräxlmaier GmbH
(company name, company stamp)
______
name and function in letters & signature 1
______
name and function in letters & signature 2 / ______
name and function in letters & signature 2
Emailed Delivery Schedules Agreement, EMEA, eng, V1 dated Apr 4, 2016 Seite 3 von 3