Supplier agreement

1. Application

These General Terms and Conditions of Purchase (GTCP) shall apply to all orders placed by Pacovis AG, hereinafter referred to as the Buyer. Any agreements that deviate from these GTCP must be agreed on and set out in writing by letter, fax or e-mail.

The goods supplied shall comply with the contractual agreements, the guidelines of the Swiss Law on Foodstuffs and the corresponding EU ordinances. The following regulations in particular are to be observed:

  • SR 817.0 - Foodstuffs Act (LMG)
  • SR 817.02  - Foodstuffs and Utility Articles Ordinance (LGV)
  • SR 817.021.23 - FDHA Ordinance on Maximum Residue Levels of Pesticides in or on Products of Plant and Animal Origin (VPRH)
  • SR 817.022.108 - FDHA Ordinance on Foodstuffs of Animal Origin (VLtH)
  • SR 817.022.13 - FDHA Ordinance on Residues of Pharmacologically Active Substances and Feed Additives in Foodstuffs of Animal  Origin (VRLtH)
  • SR 817.022.15 - FDHA Ordinance on Maximum Levels of Contaminants (VHK)
  • SR 817.022.151 - FSVO Ordinance on the Import and the Distribution of Foodstuffs, Contaminated with Caesium due to the Accident in the Nuclear Power Plant in Chernobyl
  • SR 817.022.16 - FDHA Ordinance on Food-related Information (LIV)
  • SR 817.022.17 - FDHA Ordinance on Foodstuffs of Plant Origin, Mushrooms and Table Salt (VLpH)
  • SR 817.022.31 - FDHA Ordinance on the Permitted Additives in Foodstuffs (ZuV)
  • SR 817.022.41 - FDHA Ordinance on Flavourings and Food Ingredients with Flavouring Properties in and on Foodstuffs
  • SR 817.022.51 - FDHA Ordinance on Genetically Modified Foodstuffs (VGVL)
  • SR 817.023.21 - FDHA Ordinance on Materials and Articles Intended to Come into Contact with Foodstuffs
  • SR 817.024.1 - FDHA Ordinance on Hygiene in the Handling of Foodstuffs (HyV)

The goods supplied shall comply with the customary quality standards, the declaration and the regulations for the use of labels such as IP, Knospe, Bio, etc.

 

2. Quality assurance by the Supplier

The Supplier shall operate a corporate quality assurance system in accordance with the principles of “Good Manufacturing Practice”, the HACCP concept, with or without certification to ISO 9001, FSSC, IFS, BRC, or at least in accordance with the Foodstuffs Act (LGV). The goods shall be subjected to regular quality checks by the Supplier within the framework of self-regulation. In addition, specific inspection plans or the regular sending of copies of current analysis reports can be agreed. The Supplier guarantees to deliver only products that comply with the agreed specifications and the ordinances listed in Section 1.

The results of internal quality tests are kept by the Supplier for at least six months beyond the specified shelf life of the goods. For documents relevant to product liability, a retention period of five years applies. The Supplier shall give the Buyer unrestricted access to the quality records and grant him the right to process, product and system audits.

 

3. Orders

Orders by the Buyer are binding only if they are communicated in writing by letter, fax or e-mail. The Buyer expects to receive a prompt order confirmation.

 

4. Prices

Unless otherwise expressly agreed in writing, the prices stipulated in this order are fixed prices and are understood to be carriage paid to the place of delivery, including packaging. The prices quoted cover all services necessary for the proper performance of the contract.

 

5. Delivery

The transfer of benefit and risk is regulated in accordance with Incoterms 2020 and the modes and routes of transport are specified in the contract. Transport insurance shall be taken out by the Buyer only if this has been expressly agreed. The Supplier shall be liable for damage during transport as a result of inadequate packaging.

 

5.1 Product declaration

The labelling and declaration of the products comply with the ordinances mentioned in Section 1 or the minimum legal requirements. In particular, the content, weight, origin, production code, date of manufacture and shelf life must be indicated.

Allergens must be clearly labelled by the Supplier. 

 

5.2 Changes to recipes

It is strictly forbidden to deliver a quality that deviates from the product specifications.

Any changes to raw materials, to the product itself and to the production process must be notified to the Buyer. Product samples, including modified product specifications, must be made available to the Buyer for analysis and always require express written approval by the Buyer.

 

5.3 Traceability

The labelling must in every case enable full traceability of the products.

 

5.4 Packaging

In addition to the regulations listed under Section 1, the packaging must also comply with the following ordinances in particular:

  • SR 817.023.21 - Annex 9 - List of permitted substances for the manufacture of silicone consumer articles and related requirements
  • SR 817.023.21 - Annex 10 - List of permitted substances for the manufacture of printing inks and related requirements
  • Regulation (EC) No. 1935/2004 - Regulation on materials and articles intended to come into contact with food
  • Regulation (EC) No. 2023/2006 - Regulation on good manufacturing practice for materials and articles intended to come into contact with food
  • Regulation (EU) No. 10/2011 - Regulation on plastic materials and articles intended to come into contact with food, and its amendments

The packaging must be clean, undamaged and correctly labelled. Dirty and damaged packaging, including crushed boxes, will not be accepted.

 

5.5 Genetically modified products

The supply of products that are or contain genetically modified organisms as defined by the Foodstuffs Act (LGV) is prohibited. In every case, the Supplier must confirm the absence of genetically modified organisms by submitting analyses to this effect and must clearly document this in his product specifications.

 

5.6 Nanotechnology and the irradiation of goods and foodstuffs

The Buyer will not under any circumstances accept the delivery of goods that have been produced or modified using nanotechnology or irradiated product.

 

5.7 Incoming goods inspection

Goods delivered shall be inspected at goods inwards inspections on the basis of internal checking codes, delivery documents and product specifications for quantity, quality, shelf life, packaging, labelling, transport damage and temperature.

 

6. Delivery delays

The delivery is due on the agreed delivery date. If the Supplier is in default, he shall be given notice of default by means of a written reminder.

If the Supplier has reason to assume that the delivery cannot be made on time in whole or in part, he must immediately inform the Buyer of this in writing, stating the reasons for the delay and its expected duration. The option of giving the Supplier notice of default is not limited by this notification.

The express consent of the Buyer must be obtained for partial deliveries. Additional costs incurred through failing to follow instructions, incomplete or delayed provision of requested documents or faulty delivery shall be borne by the Supplier.

 

7. Liability and warranty

The Supplier guarantees that the goods possess the specified properties and are not subject to any diminution of value, for whatever reason, and conform to the prescribed properties and specifications. The Supplier is liable for his own performance as well as for the performance of his suppliers.

The Buyer, or an institution commissioned by the Buyer, shall have the right to carry out audits of the Supplier or his suppliers. Such inspection measures do not release the supplier from the undiminished fulfilment of his obligations.

The Supplier shall be liable in accordance with the ‘polluter pays principle’ for all investigation and procedural costs, state fines, expenses, damages and reductions in revenue attributable to deviations in quality for which he is responsible.

 

8. Notification of defects

Any notice of defects shall be given after inspection of the incoming goods, which shall be carried out as soon as possible in the ordinary course of business; however, it shall not be bound to any defined time limit.

 

9. Print approval

For all printing orders, proofs or prints must be submitted to us in duplicate, enclosing the original, for print approval. 

 

10. Payment

Unless otherwise agreed, payment shall be made within 30 days of invoicing. The rights of offset against counterclaims remain reserved.

 

11. Confidentiality

The contracting parties and their staff shall treat as confidential all information relating to this contract which is neither public knowledge nor generally accessible. Each party shall use such information that may be attributed to the other party only for the purposes of this contract. Confidentiality and restrictions of use shall already be observed before the conclusion of the contract and shall remain in force after the termination of the contractual relationship. If the Supplier wishes to use this contractual relationship for advertising or publishing purposes, this requires the written consent of the Buyer.

Data protection regulations must be complied with.

 

12. Patent infringement

The Supplier shall be liable for any infringement of patents or industrial property rights of third parties that may result from the supply or use of the goods. This liability does not apply to the infringement of foreign industrial property rights if the goods delivered are used abroad and the Supplier is not aware of this at the time of the order, nor to in-house designs commissioned by us.

 

13. Deviation from these GTCP

Any agreements that deviate from these GTCP must be in writing.

 

14. Force majeure

The contracting parties shall not be liable for the non-fulfilment of contractual obligations caused by cases of force majeure. “Force majeure” shall be understood to mean circumstances that occur after conclusion of the contract, which could not be foreseen and which are beyond the control of the contracting parties.

The contracting party claiming reasons of force majeure is obliged to immediately notify the other party in writing of their occurrence and expected duration. Otherwise, he may not invoke force majeure.

 

15. Applicable law and place of jurisdiction

The contract is subject to substantive Swiss law to the exclusion of the UN Convention on the International Sale of Goods (Vienna Sales Convention 1980).

Disputes that cannot be settled by the two parties shall fall under the jurisdiction of the ordinary courts of the Canton of Aargau; the place of jurisdiction shall be Baden.

 

Rev./Date: 5 / 24.02.2021