Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 DLR Standort Oberpfaffenhofen PURCHASE ORDER Münchener Str. 20, 82230 Wessling Date Page 2021.05.10 1 RFHIC Corporation 41-14,Burim-ro 170 Beon-gil,Dongan- Our reference ANYANG-SI,GYEONGGI-DO 14055 SÜDKOREA Our VAT registration no. DE121965658 Your vendor number with us 147024 Deliv. date Day 2021.06.30 Terms of delivery: Delivered At Place Wessling Terms of payment: within 30 days Due net Currency USD Mailing address: DLR e.V. Incoming goods Mr. Matthias Jirousek Muenchener Str. 20 82234 Wessling Germany Address invoice recipient: Processed by German Aerospace Centre > Purchase Dept: DLR e. V. Mr. Slavisa Hadzic Lieferantenbuchhaltung Phone: +49 8153/28-2379 Linder Hoehe E-Mail: [email protected] 51170 Cologne/Koeln > Business unit/Consumer: Germany Mr. Matthias Jirousek Phone: +49 8153/28-3506 Order confirmation to: [email protected] Quotation number: QN202104-083-A Quotation date: 2021-05-06 Oberpfaffenhofen The German Aerospace Center is a member of the Helmholtz HSBC Trinkaus AG Düsseldorf (BLZ 30030880) 2608006 Münchener Straße 20 Association. DLR is represented by its Executive Board and IBAN: DE09300308800002608006 82234 Weßling persons authorised to act on its behalf. For information, please BIC: TUBDDEDD Telefon: 08153/28-0 contact the Head of the Legal Department, Linder Hoehe, Commerzbank AG Köln (BLZ 37040044) 5001169 Internet DLR.de 51147 Cologne (DLR Headquarters). IBAN: DE77370400440500116900 BIC: COBADEFF370 Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 PURCHASE ORDER Datum Page 2021.05.10 2 We hereby order: _______________________________________________________________________ Item Material Description Order qty. UnitPrice per unit Net value _______________________________________________________________________ 010 Artikel-Nr.: RUM43020-10 1.00 items 1,485.23 1,485.23 GaN Wideband Power Amplifier, 2000-6000MHz,Psat 20W typical, Power Gain 35dB typical, 28V 020 Freight 1.00 150.00 150.00 _______________________________________________________________________ Total net value excl. tax USD 1,635.23 Pricing types The prices given for commercial goods and services are market prices as outlined in section 4 of the German Pricing Regulations for Government Procurement (VO-PR 30 / 53). Deadlines Please contact Mr. Matthias Jirousek for the exact delivery date. Shipping instructions Delivery to Wessling can be made: Monday to Thursday from 07:45 - 12:20 from 13:00 - 16:00 Friday from 07:45 - 12:00 Access to DLR facilities may be restricted and these policies regarding access to our facilities must be respected including any minimum processing times for requests to access restricted areas. If this is your first request for access to a restricted area at DLR, it may require additional waiting time for us to grant the necessary security clearance. As the owner of its facilities, DLR retains certain fundamental property rights including the right to exclude others from using or entering our property and the right to control how our Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 PURCHASE ORDER Datum Page 2021.05.10 3 property is used. Deliveries to different institutes / locations must always be declared separately in the respective order / shipping documentation and delivery must be prearranged with the recipient. Unclear deliveries will be returned at sender's expense. The delivered item(s) must comply with the following regulations: - The German Act on Making Products Available on the Market (Product Safety Act) in its currently valid version - The German Law for Protection against Hazardous Materials (Chemicals Acts) in its currently valid version - The German Ordinance on Hazardous Substances (Hazardous Substances Ordinance) in its currently valid version - All applicable rules and regulation set out by the employers' liability insurance association and other safety and accident insurance regulations - The current and recognized technical standards Terms of payment Payment shall be made upon receipt of a properly prepared invoice and acceptance of fulfilment of the contract by DLR within 30 days net. Contract riders (clauses) Performance of this order is subject to the following in order of precedence: - this order - the valid version of DLR e. V.'s "special terms and conditions for purchases" - the valid version of the German Pricing Regulations for Government Procurement (VO-PR 30 / 53) - the valid version of the German Regulations for Government Procurement and Contracts Part B (VOL / B) - the offer no. QN202104-083-A of 2021-05-06 We hereby reject provisions from the contractor that contradict or are at variance with our "special terms and conditions for purchasing for the German Aerospace Centre e. V.", even where these are referred to in the contractor's offer, the order confirmation or in communications or in any other manner between the contracting parties. Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 PURCHASE ORDER Datum Page 2021.05.10 4 Other contractual stipulations DLR Purchasing Conditions: Technical Standards for Product Safety In cases where products are subject to the German Product Safety Act (Produktsicherheitsgesetz), German product safety regulations, or legal requirements regarding product safety set by the European Union, the supplier, manufacturer, legal representative, or importer are obliged to comply with the currently valid legal standards for product safety. It must be demonstrated that when a product is used as intended, it does not pose any danger to the health and safety of persons at any time. In accordance with the legal requirements, documentation of the entire product safety compliance process, in particular the conformity assessment procedures as laid out in the relevant harmonized standards must be delivered along with the products ordered. In accordance with the German Product Safety Act, the following documents and markings must be included with products delivered to DLR: 1. Assembly instructions/plans and circuit diagrams 2. User manual 3. Product markings in the form of a rating plate with date of manufacture, and name and address of the manufacturer. The rating plate must make it possible to unambiguously connect the product to the documents mentioned above. In accordance with German product safety regulations, the following documents and markings must be included with products delivered to DLR: 1. Assembly instructions/plans and circuit diagrams 2. All required test documentation 3. Declaration of conformity 4. User manual 5. CE-marking on the product or on its packaging. 6. Product markings in the form of a rating plate with date of manufacture, and name and address of the manufacturer. The rating plate must make it possible to unambiguously connect the product to the documents mentioned above. The documents mentioned above must be delivered to DLR along with the product. Should one or more of the documents not be included in the shipment, this will be treated as an apparent defect and will lead to a complaint on the grounds that the product is defective. Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 PURCHASE ORDER Datum Page 2021.05.10 5 Information for Invoicing Please indicate with your invoice the following contract number: X/551/67298737 Should you have any questions about invoicing procedures, our preferred method of communication is by email. Please use the dedicated email address from the accounts payable department for all such enquiries: [email protected] Please send all payment reminders and other related correspondences to the dedicated email address from the accounts payable department set up for this purpose: [email protected] xInvoices in accordance with RL 2014/55/EU The German Aerospace Center (Deutsches Zentrum für Luft und Raumfahrt e.V.) and its locations are obligated by §4a E-Government-Act (EGovG) as a public customer in accordance with the Ordinance on Electronic Invoicing in Federal Public Procurement (E-Rechnungsverordnung, E-RechV) to receive electronic invoices in accordance with CEN Standard 16931 via digital channels and to process them without media discontinuity as of November 27, 2020. An exception to this are direct contracts of up to 1,000 Euro (net) and this is regulated in §3 (3) E-RechV. You can obtain more detailed information on the processing under the following link: https://www.dlr.de/content/en/downloads/2020/electronic-invoice- handling.pdf Our routing ID is: 992-03005-81 The contracting parties agree, that invoices send after 2020, November 27 which are not submitted electronically, not delay to § 286 (3) BGB (German Civil Code) justify of german legislation. This order was provided by machine. It has a workflow licensing procedure gone through and thus also without signature validity. Please quote in all your correspondence! Purchase order no. X/551/67298737 Your supplier number at DLR: 147024 PURCHASE ORDER Datum Page 2021.05.10 6 Special Purchasing Terms of the German Aerospace Center 1. Material scope The following terms apply to all contracts of purchase, contracts for services and contracts for work and materials to be concluded by the German Aerospace Center (Deutsches Zentrum für Luft- und Raumfahrt e.V.), as well as to other contracts for goods and services. Unless mandatory rules of law stand in the way, the following apply in the order given: 1.1 The wording of the written order, including the statement of work and any enclosures; 1.2 The following "Special Purchasing Terms" of the German Aerospace Center (Deutsches Zentrum für Luft- und Raumfahrt e.V.) (principal); 1.3 The respectively valid version of the "General Terms and Conditions for the Rendering of Services" (VOL/B) and other provisions of the procedure relating to the award of public contracts. The VOL/B standard contract terms apply insofar as they do not contradict the provisions added to the German Civil Code (BGB) by the German Act Modernizing the Law of Obligations. Application of the "General Terms and Conditions of Business" of the bidder/contractor is herewith excluded. Should the bidder not be familiar with the VOL/B standard contract terms, or the supplementary oradditional provisions, they can be ordered from Bundesanzeiger Verlag, Postfach 100534, 50445 Köln, Germany. Deviations from the "Special Purchasing Terms" shall only by effective if expressly designated as deviations and confirmed by the principal in writing. 2. Nature and scope of the services Tender: The tender is to be submitted free of charge and in writing. It is binding for the period of one calendar year, unless a shorter period is indicated by the bidder. If the quantity, price or design offered by the bidder deviates from the enquiry/invitation to tender, he must expresslydraw attention to this fact. In the case of non-consumables, the cost of take-back and disposal afteruse must be indicated separately. Otherwise, it shall be deemed to be agreed that the goods will be taken back and disposed of free of charge. Order: Unless expressly agreed otherwise, the written and signed version of the order shall be binding for the entire content of the purchase order. Arrangements made verbally or by telephone shall only be legally valid if confirmed in writing by the Procurement Department. Order confirmation: Receipt of the written order must be confirmed in writing without delay.The principal shall otherwise be entitled to revoke the order. If the order confirmation deviates from the content of the order, this must be expressly pointed out. If the contractor fails to do so, any deviations shall be at his expense. 3. Execution documentation The execution documentation provided to the contractor in written, graphic or material form may not be published, duplicated, or used for any purpose other than that agreed. It is to be returned to the principal upon completion of the order at the latest. 4. Performance of the service The contractor must observe the existing security and administrative regulations when making deliveries or rendering services on the principal's premises or grounds. If the cause of damage is based on wrongful intent or gross negligence on the part of the DLR, the statutory liability regulations shall apply.In case of gross negligence, however, the liability of the DLR shall be limited to the typically occurring, foreseeable damage. Insofar as the DLR negligibly violates an essential obligation of the contract, the liability to pay compensation shall be limited to the typically occurring, foreseeable damage. In cases of injury to life, body or health, the liability of the DLR shall be governed by the statutory provisions. Liability on the part of the DLR shall be ruled out in all other respects. The principal is entitled, during normal business hours, to request information from the contractor's place of business concerning the performance of the service in conformity with the contract, especially regarding the technical conditions and delivery periods. 5. Delivery/Shipping Unless contractually agreed otherwise, the price shall include carriage-paid delivery to the place of performance. If construction and assembly work is required for performance of the service, the price shall include carriage-paid delivery to the point of use, including all costs incurred by the contractor as a result of this construction and assembly work. If the shipping costs are invoiced separately to the principal, they will be reimbursed up to the rate for the cheapest shipping method at the most, but only if documented by vouchers. Incidental expenses arising in connection with shipping, such as fees and the like, shall at all events be settled by the price of the service. Surcharges for express delivery will only be reimbursed by prior arrangement. Packaging materials: Unless otherwise agreed, packaging materials shall remain the property of the contractor. This shall apply both to transport packaging and to sales packaging. It is deemed to be agreed that packaging materials will be taken back free of charge. Dangerous substances: The contractor undertakes to enclose the appropriate EU Safety Data Sheets with the delivery in cases where, at the time of contract fulfillment, the subject of the contract falls under the provisions of the respectively valid version of the German Dangerous Goods Ordinance of August 26, 1986. 6. Quality testing The contract price includes the costs incurred by the contractor as a result of testing the service for compliance with the contractually agreed requirements. The personnel, premises, machines, equipment, test and measuring apparatus, and operating supplies are to be provided by the contractor. Part performances may also be subjected to testing at the request of the principal. Items which become unserviceable are not counted as part of the performance. 7. Passing of risk, official acceptance Delivery is deemed to be made upon receipt of the goods at the delivery point of the agreed place of performance. If additional services have been agreed above and beyond simple delivery(assembly, installation work, etc.), the risk shall only pass when the overall performance has been officially accepted by the principal. Part payments towards the purchase price shall constitute neither official acceptance, nor acknowledgement of the flawlessness of the performance. Preliminary or interim acceptance tests are only tests that are of no relevance to the passing of risk or the running of periods. If there is provision for a trial run, official acceptance will be issued by way of a joint acceptance record following successful completion of the trial run. 8. Liability of the contractor for the violation of industrial property rights The contractor shall assume sole liability vis-à-vis third parties regarding the violation of industrial property rights. This shall also apply in the event that drawings or other production documents were provided by the principal for performance of the service. The contract price shall include any patent fees and license payments. 9. Warranty The warranty period is two years for purchase contracts for new goods and contracts for work and materials relating to manufactured or produced goods, and one year for purchase contracts for used goods. Section 438 of the German Civil Code (BGB) shall apply in all other respects. In the case of contracts for services, warranty claims of the principal for defects shall become statute-barred in accordance with the statutory regulations.The statutory provisions shall apply regarding the commencement of the above-mentioned warranty periods. The contractor shall accept full warranty even for minor deviations of the goods supplied from the agreed specifications, if they nullify or reduce the value of the goods or their suitability for customary use or the use presupposed under the contract. The principal shall be entitled to all statutory warranty rights listed in Section 437 and Section 634 (in conjunction with Section 651) of the German Civil Code (BGB) in accordance with the statutory provisions referred to therein. With regard to supplied replacements and rework, the contractor shall provide the same warranty as for the original performance. In this case, the warranty period shall commence when the principal establishes that the defects have been rectified. The warranty period shall be suspended for the time during which goods/services are not in the contractual condition. Warranty claims can also be raised after expiry of the warranty period in the event that the corresponding defects were reported to the contractor prior to expiry of the warranty period. 10. Legal venue The legal venue for all disputes arising directly from the contract shall be Cologne. The contract shall be subject to German law, and application of the UN Convention on the International Sale of Goods (CISG) is excluded. German Aerospace Center _________________________________________________________________ Information to be provided in line with sections 13 and 14 of the General Data Protection Regulation (GDPR) 1. Name and contact of the controller / Responsibility for datacollection German Aerospace Center (DLR e.V.) Linder Höhe 51147 Köln Germany Phone: +49 2203-6010 E-Mail: [email protected] 2. Name and contact of the Data Protection Officer Data Protection Officer of the German Aerospace Center (DLR e.V.) Linder Höhe 51147 Köln Germany Phone: +49 2203-6010 E-Mail: [email protected] 3. Purposes and legal basis for the processing Personal data will be processed for internal use of DLR and will be used within the framework of DLR's procurement activities to establish contact to potential suppliers and to perform legal procurement procedures. The legal bases are section 6 para. 1 lit. (b) and (c) GDPR. The data are processed in order to handle all procurement activities of DLR pursuant to the German procurement law. 4. Recipients of the personal data The data will be used within DLR by staff members to establish and perform procurement activities. In limited cases the company Creditreform AG as well as the Bundesamt für Justiz will receive and process personal data from DLR in order to meet the legal procurement requirements. These data might be personal data from you. Additionally, personal data might be obtained by staff members of customs authorities, export control and employees of Carousel Logistics GmbH. 5. Personal data which will be obtained from a third party In some cases your personal data will be obtained from the company Creditreform AG as well as the Bundesamt für Justiz (Gewerbezentralregisterauszug). DLR will receive these data in order to meet the legal procurement requirements. 6. Retention period of the personal data At the end of a procurement procedure the personal data will be kept for no longer than it is necessary. Personal data will be stored as long as this is required by the law. 7. Rights of the data subject As a data subject, you shall have the right of access, erasure and rectification of your personal data as well as the right to restriction of processing and data portability - as far as the legal requirements have been met. You shall have the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data relating to you infringes the rules of GDPR.
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