Status: 2015
1. scope of application
a) These General Terms and Conditions of Purchase shall apply exclusively to all - also future - contracts with SerWeMa under which SerWeMa purchases goods. SerWeMa shall not accept any supplementary, conflicting or deviating conditions of the supplier, unless SerWeMa has expressly agreed to their validity in writing. This shall also apply if SerWeMa accepts deliveries without reservation in the knowledge of conditions of the supplier that are contrary to or deviate from these General Terms and Conditions of Purchase.
b) These General Terms and Conditions of Purchase shall only apply to companies within the meaning of § 310 para. 1 BGB (German Civil Code). c) If SerWeMa has concluded a framework supply agreement with the supplier, its validity shall remain unaffected.
2. supplier's offer/order/order confirmation/correspondence
a) An invitation by SerWeMa to the supplier to submit an offer based on specifications / requirement profiles communicated by SerWeMa is not binding for SerWeMa. The offer shall be made free of charge. Cost estimates shall also only be remunerated if separately agreed in writing.
b) Orders, conclusion of contracts and delivery schedules as well as their modification or amendment shall require
Written form; oral agreements with employees are only binding with written confirmation by SerWeMa. The supplier shall confirm each order in writing within ten calendar days from receipt. If the supplier does not accept the order within ten calendar days of receipt, SerWeMa shall be entitled to revoke the order. Delivery schedules shall become binding at the latest if the supplier does not object to them within ten calendar days of receipt.
c) The supplier has to state the order number and, if certain parts are named, the SerWeMa article number in all his correspondence with SerWeMa. 3. documents, provision of materials, secrecy
a) SerWeMa reserves all property rights, copyrights and other industrial property rights to all illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents ("Documents") made available to the supplier. Documents shall exclusively be used for the preparation of an offer in terms of No. 2 lit. a) and/or for the execution of an order of SerWeMa. They shall be returned to SerWeMa immediately or destroyed as soon as SerWeMa requests this.
The supplier SerWeMa has to inform SerWeMa immediately of any legal or actual impairment of the documents.
to teach.
b) The above provision shall apply accordingly to substances and materials as well as to tools, templates, samples and other objects provided by SerWeMa to the supplier for production ("Provided Materials").
Provided materials are - as long as they have not been processed - at the expense of the supplier, considered property of SerWeMa
to mark, store separately and protect to the usual extent against damage, destruction and
loss at replacement value. Upon receipt of the aforementioned items, the supplier shall check them and shall immediately notify SerWeMa in writing of any wrong or short deliveries and defects.
c) The supplier shall be obliged to make available all documents, provisions, information and knowledge - in particular concerning the type and scope of the goods and services to be supplied - provided to him for the purpose of preparing an offer or executing an order.
construction of products manufactured by SerWeMa and of the goods to be delivered by the supplier as well as their respective prices, to keep secret about internal processes at SerWeMa and about other business and trade secrets of SerWeMa - whether in embodied, unembodied or digital form ("know-how"), even if not expressly designated as secret or confidential - and to use them exclusively for the purpose of preparing offers or executing the order. The obligation of secrecy shall also include the fact of the respective order and shall continue to apply even after the order has been executed. The obligation of secrecy shall only expire if and to the extent that the know-how or the fact of the respective order has become generally known.
d) The supplier must also impose a corresponding obligation of confidentiality on his employees. The confidentiality obligation for the supplier's employees must also be imposed on them - to the extent permitted by law - for the time after termination of their employment contract.
e) The Supplier shall only grant access to confidential information to those consultants who are subject to professional secrecy or who have previously been subject to secrecy obligations that are at least equivalent to the scope described in Section 3 of these General Terms and Conditions of Purchase. Furthermore, the Supplier shall disclose the know-how only to those employees and consultants who need to know this know-how in order to prepare an offer or execute the order.
f) Upon request of SerWeMa, all know-how originating from SerWeMa (including any copies or recordings made, if applicable) and any objects provided on loan shall be returned immediately and completely or irretrievably destroyed upon request.
g) The supplier may only refer to business connections to SerWeMa in advertising materials and reference lists after prior written consent by SerWeMa.
4. prices/payment terms/offset
a) The prices agreed with the supplier are fixed prices and are subject to the applicable statutory value added tax, but include all packaging, transport and other additional costs as well as customs duties, unless expressly agreed otherwise. Subsequent price changes require the express written consent of SerWeMa. The supplier has to take back the packaging material at the place of delivery during normal business hours and at his own expense upon SerWeMa's request. If, in individual cases, a different kind of pricing than the one mentioned above is agreed upon, the agreement on the delivery as well as the place of performance according to No. 5 lit. d) shall remain unaffected.
b) Invoices can only be processed by SerWeMa and payment periods shall only begin to run when the order number shown in the respective order, the SerWeMa article number and the order date are stated in the invoices received by SerWeMa; the supplier shall be responsible for all consequences resulting from non-compliance with this obligation, unless he proves that he is not responsible for them.
c) Invoices are to be sent to SerWeMa by post separately from the goods. Invoices shall contain the date of order and delivery as well as the quantity and description of each packaging unit; item 4 lit. b) remains unaffected.
d) Payments on an invoice shall be made subject to the reservation of auditing and shall not constitute
Recognition of the goods as being in conformity with the contract. SerWeMa shall be entitled to rights of set-off and retention, especially in case of defective delivery, to the extent provided by law.
e) SerWeMa does not owe any interest on maturity. The supplier's claim for payment of interest on arrears remains unaffected. The statutory provisions shall apply to the occurrence of default by SerWeMa. In any case, however, a reminder by the supplier is required.
f) SerWeMa shall be entitled to pay also by cheque or with discountable bills of exchange; all bill and discount charges incurred shall be borne by SerWeMa.
g) The supplier shall only be entitled to set-off and retention rights insofar as his claim has been legally established, is undisputed or has been acknowledged by SerWeMa in writing. Furthermore, the supplier shall be entitled to retention due to claims arising from the same contractual relationship, provided that the conditions according to sentence 1 are met.
5. delivery/transfer of risk/contractual penalty
a) The agreed delivery periods shall run from the date of the order and shall be binding - just like agreed delivery dates - as an essential part of the contract. The receipt of the goods, including proper delivery documents, at SerWeMa or at the place of receipt named by SerWeMa shall be decisive for compliance with the delivery period or the delivery date. The supplier shall notify SerWeMa immediately in writing of foreseeable delays in delivery, without prejudice to any rights resulting therefrom.
b) In case of a delay in delivery SerWeMa is entitled to all legal rights. In addition, SerWeMa shall be entitled to claim a contractual penalty of 0.3% of the net price per working day, but not more than 5% of the net price of the goods the supplier is in delay with. SerWeMa may also demand the contractual penalty in addition to the fulfilment. SerWeMa reserves the right to assert any further claims for damages; the contractual penalty shall be set off against any further claims for damages. The unconditional acceptance of the delayed delivery or service does not constitute a waiver of claims to which SerWeMa is entitled for this reason. If SerWeMa accepts the delayed delivery or service, SerWeMa shall claim the contractual penalty at the latest with the final payment.
c) SerWeMa is entitled to demand in writing the delivery of partial quantities. Otherwise SerWeMa shall only accept partial deliveries as well as excess and short deliveries if SerWeMa has agreed to them in writing before delivery. If such a delivery is made without prior consent, SerWeMa shall be entitled to arrange for the return at the supplier's expense; the supplier shall indemnify SerWeMa against claims of third parties in this respect.
d) The delivery of the ordered goods shall be effected "free domicile" to the place of receipt named by SerWeMa, i.e. in particular at the risk and for the account of the supplier. As far as a place of receipt has not been named by SerWeMa, the delivery shall be effected "free domicile" to the registered office of SerWeMa. The respective place of destination shall also be the place of performance (obligation to be performed at the place of delivery). The supplier shall bear the risk of shipment even if SerWeMa bears the costs of shipment. The supplier shall insure the delivery against loss and damage during transport at his own expense. If deviating trade clauses are agreed upon in individual cases, they shall be interpreted according to the INCOTERMS in the (latest) version valid at the time of conclusion of the contract.
e) A separate delivery note shall be issued for each delivery. The supplier is obliged to state on all shipping documents and delivery notes the order number stated in the respective order, which SerWeMa
article number as well as the order date; if he fails to do so, SerWeMa shall not be responsible for delays in processing.
f) The supplier is obliged to provide all documents required for the acceptance, operation, maintenance and repair of the goods (certificates, test reports, factory certificates, drawings, plans, operating instructions, etc.), if necessary in a form that can be reproduced, free of charge.
g) Deliveries by car, truck or messenger can only be made from Monday to Friday between 06.30 and 15.00 hrs.
clock. Deliveries outside these times may be rejected. Boxes, crates, cartons and parcels must contain accompanying documents according to VDA 4902 including a copy of the delivery note with the order data. Construction and machine components must also be legibly marked with the article number.
h) For the calculation of delivery weights, the delivery weights determined on calibrated scales shall apply. For all deliveries, in particular truck deliveries, the weights shall be stated in the accompanying documents.
i) The supplier shall not be entitled to have the performance owed by him rendered by third parties without the prior written consent of SerWeMa. The supplier shall bear the procurement risk for his services, it
unless it is a custom-made product.
j) The supplier agrees to store the delivery beyond the delivery date agreed upon with SerWeMa and at his own risk, if a release for shipment, acceptance or acceptance is not possible for reasons for which SerWeMa is not responsible. SerWeMa shall immediately inform the supplier about the reason and the expected duration of such an obstruction.
k) The provisions of this Clause 5 shall also apply mutatis mutandis to deliveries to be made to third parties on behalf of SerWeMa, unless otherwise agreed. If the supplier delivers directly to a third party named by SerWeMa, SerWeMa shall additionally be sent a delivery notice in simple form with information on the gross and net weights determined. The delivery shall be accompanied by neutral accompanying documents with the following note: "i. A. SerWeMa GmbH & Co. KG, Zwickauer-Str. 135/137, 09116 Chemnitz".
6. force majeure
Force majeure and other events not foreseeable at the time of conclusion of the contract, including war, riots, lawful industrial action and unlawful strikes, acts of government, shortage of energy and raw materials, traffic and unavoidable operational disruptions as well as fire shall release SerWeMa from its performance obligations for the duration of the disruption and the extent of its effects. In case of unforeseeable duration, at the earliest, however, 30 days after its occurrence, circumstances in the sense of sentence 1 of this provision entitle SerWeMa to withdraw from the contract in whole or in part without the supplier being entitled to claim damages; the same shall apply if the circumstances mentioned make the execution of the contract permanently uneconomic and SerWeMa can no longer be reasonably expected to adhere to the contract. SerWeMa shall inform the supplier about the occurrence of force majeure or similar events as soon as possible.
7. change of the delivery item or the delivery date
a) In case of a considerable change in SerWeMa's requirements, which could not be foreseen at the time of the order, SerWeMa shall be entitled to demand the modification of the delivery item, as far as this is reasonable for the supplier. The interests of both contracting parties, in particular the effects of this change in the
with regard to additional and reduced costs and delivery dates, to be taken into account appropriately.
b) SerWeMa reserves the right to demand the interruption of the further execution of orders (suspension) or a postponement of the delivery date for urgent operational reasons, provided that
this is reasonable for the supplier, taking into account the interests of both contracting parties. In this case, the supplier shall store the goods and insure them against damage, destruction or other deterioration at SerWeMa's expense - after prior written consent by SerWeMa. c) SerWeMa shall bear the costs incurred by the supplier during the suspension or postponement, but not lost profits; the supplier shall present SerWeMa with a detailed description of these costs in advance.
8. warranty/notice of defects
a) The supplier must use only first-class material and the most modern, in particular standard-compliant process technologies in the production process. He undertakes to manufacture products which correspond to the latest state of the art and which are unrestrictedly suitable for the intended purpose - as far as he is aware. In addition, he must carry out proper quality assurance together with a thorough outgoing product inspection. Upon SerWeMa's request, the supplier has to prove this. If the supplier has reservations about the type of execution desired by SerWeMa, he shall immediately inform SerWeMa in writing.
b) The supplier guarantees in particular that the applicable regulations and standards of the Association of German Electrical Engineers (VDE), the German Industrial Standard (DIN) or the European Standard and their conditions are complied with; if deviations from these regulations are necessary in individual cases, the supplier must obtain a written consent from SerWeMa. The supplier's warranty obligation shall not be affected by this consent.
c) The supplier undertakes to deliver all deliveries and partial deliveries in the quality and composition required and accepted by SerWeMa. This also applies to a sample submitted by the supplier. The supplier guarantees that all deliveries and partial deliveries have the quality of the sample.
d) SerWeMa will only check the delivered goods for identity and quantity deviations as well as for openly recognizable transport damages. Deviations that can be detected in this context will be claimed against the supplier within ten (10) calendar days after receipt of the goods. Hidden defects, i.e. in particular those that can only be detected in the course of processing or use of the delivered products, shall be notified in due time if they are claimed against the supplier within ten (10) calendar days after their detection.
e) SerWeMa is entitled to the legal warranty rights in full. The supplier shall be entitled to a one-time subsequent performance - at SerWeMa's option by remedying the defect (rectification of defects) or by delivering a defect-free item (replacement) - within a reasonable period of time set by SerWeMa. If the goods are still defective even after subsequent performance, the subsequent performance shall be deemed to have failed, which shall entitle SerWeMa in particular to withdraw from the contract, to reduce the purchase price and, unless the supplier proves that he is not at fault, to claim compensation for any damages and futile expenses.
f) If the supplier does not fulfil his obligation to supplementary performance - at SerWeMa's option by remedying the defect (rectification of defects) or by delivering a defect-free item (replacement) - within a reasonable period of time set by SerWeMa, SerWeMa shall be entitled to remedy the defect itself or have it remedied by a third party and to demand compensation from the supplier for the necessary expenses or a
demand an appropriate advance payment. If the supplementary performance by the supplier has failed or is unreasonable for SerWeMa (e.g. due to particular urgency, endangerment of the operational safety or imminent occurrence of disproportionate damages), no deadline needs to be set; the supplier shall be informed immediately, if possible before SerWeMa carries out the supplementary performance itself.
g) The supplier guarantees that the goods have the agreed quality at the time of transfer of risk to SerWeMa. In any case, those product descriptions (namely specifications and/or requirement profiles provided by SerWeMa) shall be deemed to be an agreement on quality, which - in particular by designation or reference in the respective order or order confirmation - are subject matter of the respective contract or have been included in the contract in the same way as these General Terms and Conditions of Purchase. It makes no difference whether the product description originates from SerWeMa, from the supplier or from the manufacturer.
i) Notwithstanding § 442 para. 1 sentence 2 BGB (German Civil Code), SerWeMa shall be entitled to claims for defects without limitation even if SerWeMa was unaware of the defect at the time of conclusion of the contract due to gross negligence.
j) The Supplier shall also bear the costs incurred by the Supplier for the purpose of inspection and rectification
then if it turns out that there was no defect. SerWeMa's liability for damages for unjustified claims for removal of defects remains unaffected; in this respect, however, SerWeMa shall only be liable if SerWeMa has recognized or grossly negligently failed to recognize that there was no defect. k) All deadlines, in particular for subsequent delivery, collection and repair of defective goods at SerWeMa must be confirmed in writing by SerWeMa beforehand; if the supplier does not obtain this confirmation, paragraph 5 lit. c), sentence 3, 1st and 2nd half sentence of these General Terms and Conditions of Purchase shall apply accordingly, and SerWeMa shall not be obliged to return goods or to grant the supplier access to the goods.
l) The supplier shall pick up goods claimed as defective by SerWeMa within a reasonable period of time set by SerWeMa. If this is not done in due time, item 5 lit. c), sentence 3, 1st and 2nd half sentence of these General Terms and Conditions of Purchase shall apply accordingly. m) In case of defectiveness of the delivered goods, in particular if the delivered goods do not have the agreed product quality or durability, the supplier shall bear all expenses necessary for the purpose of determining the cause and consequences of the defect as well as the expenses necessary for the purpose of remedying the defect or delivering a replacement (also by SerWeMa or third parties). SerWeMa shall be entitled to take and use samples of the goods notified as defective by SerWeMa for evidentiary purposes, as far as the supplier's interest in the complete return of the defective goods is not unreasonably affected.
9. limitation of warranty claims
a) In any case, the regular period of limitation for all warranty claims shall be 36 months from the passing of risk, unless a longer warranty period applies by law in individual cases or the supplier has given a guarantee going beyond this. If acceptance has been agreed, the limitation period shall commence upon acceptance.
b) If the supplier fulfils his obligation of subsequent performance by means of a replacement delivery and if the defect was not merely minor, the limitation period for the goods delivered as a replacement shall start anew after their delivery, unless the supplier has expressly and appropriately reserved the right to make the replacement delivery only as a gesture of goodwill or to avoid disputes.
10. claims for damages/ product liability/ exemption/ insurance cover
a) As far as the supplier is obliged to pay damages to SerWeMa - for whatever legal reason - he shall be liable for any form of fault, in particular also for slight negligence; this shall also apply if he uses vicarious agents or assistants. Exclusion of liability and limitations of liability in terms of amount are not recognised. In the case of liability according to the German Product Liability Act (ProdhaftG), the supplier is liable even without fault.
b) If the supplier is responsible for a damage, he has to indemnify SerWeMa from claims of third parties insofar as the cause is within his area of control or organisation and he is liable himself in the external relationship. In this context, the supplier shall also reimburse SerWeMa for any expenses - in particular according to §§ 683, 670 BGB (German Civil Code) - that result from or in connection with a warning or recall action carried out by SerWeMa; SerWeMa shall inform the supplier about the content or extent of such actions - as far as possible and reasonable - before they are carried out and give him the opportunity to comment. Further legal claims shall remain unaffected.
c) The supplier shall be obliged to maintain a product liability insurance with a coverage of at least € 10 million per personal injury and property damage - lump sum - which also includes the compensation of consequential damages, in particular of warning and recall actions, and shall prove this to SerWeMa upon request; if SerWeMa is entitled to claims for damages exceeding this amount, they shall remain unaffected. d) If the supplier violates the rights of third parties in connection with his delivery, the supplier is obliged to exempt SerWeMa from these claims in case a third party claims against SerWeMa for this reason, unless the supplier is not at fault; SerWeMa is not entitled to make any agreements with the third party - without the supplier's consent - especially not to conclude a settlement. If the use of the delivered goods is opposed by existing industrial property rights of third parties, the supplier shall be obliged to obtain the consent of the holder of the industrial property rights - e.g. in the form of a licence - to the intended use of the delivered goods by SerWeMa at his own expense, or to modify the affected parts of the delivered goods in such a way that the delivered goods can be used for the intended purpose.
goods can be used without infringing the property rights of third parties and at the same time complies with the contractual agreements.
e) The supplier's obligation to indemnify according to item 10 lit. b) and d) refers to all expenses that SerWeMa necessarily incurs from or in connection with the claim by a third party.
11. reservation of ownership/assignment
a) The supplier is entitled to neither an extended nor an expanded retention of title. A resale and processing of the item is effected for SerWeMa and is expressly permitted.
b) Any processing, mixing or combination of provided objects - in particular tools provided by SerWeMa or tools manufactured separately for SerWeMa - by the supplier shall be carried out for SerWeMa. If a third party's right of ownership remains in case of a processing, mixing or combination with objects not belonging to SerWeMa, the supplier herewith transfers to SerWeMa co-ownership of the new object proportionally to the value of the provided object to the other objects; SerWeMa herewith accepts this transfer. If a combination or mixture is made in such a way that the items belonging to SerWeMa are not to be regarded as the main item, the supplier herewith transfers co-ownership to SerWeMa proportionally.
of the new item in the aforementioned relationship, insofar as he is entitled to it; SerWeMa hereby accepts this transfer. The supplier shall store the goods free of charge for SerWeMa.
c) The supplier shall not be entitled to assign claims from the business relationship with SerWeMa to third parties in whole or in part, unless the assignment is made within the scope of customary business practice or with the prior written consent of SerWeMa.
12. quality assurance/information duties of the supplier
a) The supplier shall be obliged to have certificates of conformity and, upon request, the long-term supplier's declaration for goods with preferential origin status according to Regulation (EC) No. 1207/2001 produced and sent to SerWeMa in German language and according to the content specifications of SerWeMa; the costs for this shall be borne by the supplier, unless otherwise agreed.
b) In addition, the supplier shall, upon SerWeMa's request, immediately provide SerWeMa with all documents and make all declarations to SerWeMa concerning the quality of the products purchased from him, which are customary in the industry for the further processing and sale of the products manufactured from the delivered goods.
products; this includes in particular declarations of no objection.
13. drawings and design data
a) The supplier is obliged to provide SerWeMa on request with all construction data and drawings relevant for dismantling and installation, maintenance and care of the goods.
b) The supplier is obliged to update all construction changes in the index and to make the updated status available to SerWeMa.
14. other
a) In the event that the supplier has to enter SerWeMa plants in the course of delivering goods or carrying out work, the supplier undertakes to comply with the guidelines for activities in SerWeMa plants, which are attached to these General Terms and Conditions of Purchase as Annex 1.
b) None of the above clauses leads to a change of the burden of proof to the disadvantage of the supplier in the form that the burden of proof is imposed on the supplier for circumstances that are within the area of responsibility of SerWeMa.
c) If the supplier is a merchant in the sense of the German Commercial Code or has no domestic place of jurisdiction, Chemnitz shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, SerWeMa shall also be entitled to sue the supplier at the court of his residence or place of business. Mandatory legal provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
d) All agreements made between the supplier and SerWeMa with regard to an order of SerWeMa are and shall be recorded in writing, unless the parties have agreed otherwise in individual cases or agree otherwise in the future. In particular, SerWeMa must acknowledge in writing any exceeding or falling short of quantities. Orders, call-offs as well as changes and amendments thereto may also be effected by remote data transmission or by machine-readable data carriers. Deliveries and services performed without a written order shall not be accepted. Silence on suggestions, demands or proofs of the supplier shall in no case be regarded as approval by SerWeMa.
e) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Nations on Contracts for the International Sale of Goods of 11 April 1980 (CISG), and even then
if the supplier has its registered office abroad.
f) Should one or more provisions of these General Terms and Conditions of Purchase be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall be bound in good faith and
Faith negotiations to replace the invalid provisions by valid ones that come as close as possible to the economic purpose of the invalid provisions.
Annex 1 to the General Terms and Conditions of Purchase of SerWeMa GmbH & Co. KG
Status in 2015
Guidelines for activities in the plants and with customers of SerWeMa GmbH & Co. KG ("SerWeMa")
1.) SerWeMa attaches great importance to safety and environmental protection.
2.) The Supplier shall only use employees for the execution of the work who are trained and suitable for the task, in particular who are able to communicate competently in German or English.
3.) The supplier undertakes to comply unconditionally with all legal regulations, standards, ordinances and guidelines relating to occupational safety and environmental protection, including the accident prevention regulations of the industrial employers' liability insurance association.
4.) The supplier undertakes to strictly comply with all instructions of the employees appointed by SerWeMa for this purpose during their presence at SerWeMa or their customers.
5.) At the beginning of the supplier's work and in case of later changes, improvements etc. on parts or components delivered by the supplier in plants and at customers of SerWeMa, the supplier's employees have to report immediately after arrival to the plant security at the plant entrance or the central reception and then to the responsible person in charge of the respective department.
7.) The supplier will ask his employees to inform themselves again about these guidelines, legal regulations, standards, ordinances and directives including the accident prevention regulations of the commercial trade association before starting the execution of the work in plants and at SerWeMa customers.
8.) The accident prevention regulations, site-specific safety instructions and rules of conduct for emergencies published by the professional association are available for inspection at SerWeMa. However, these do not release the supplier and his employees from their own obligation to inform under any circumstances.
9.) The supplier may only use equipment and machines for the execution of the work which comply with the statutory regulations, standards, ordinances, guidelines, accident prevention regulations and VDE regulations.
10.) If changes, improvements etc. to the parts or components delivered by the supplier become necessary in plants or at customers of SerWeMa, the performance of such work shall be agreed upon in advance with the person responsible at SerWeMa in each case if the parts or components are part of a plant that has already been (partially) assembled or is currently being assembled. This applies in particular if the plant has already been put into operation. Entering into plants that have already been commissioned generally requires the prior consent of the production or assembly manager. In this case, the supplier and his employees must exercise particular caution when carrying out the work.
11.) The supplier commits himself to impose all aforementioned obligations on his employees who work in SerWeMa plants and at SerWeMa customers.
12.) The supplier shall indemnify SerWeMa on first request from any claims of his employees or other third parties that arise from or in connection with the execution of work in plants or at SerWeMa's customers and the non-compliance with the aforementioned obligations for which the supplier is responsible.
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