Familienunternehmen seit 1834
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A business partner is "consumer" within the meaning of these conditions of sale, in so far as he/she concludes a contract with us for purposes which are predominantly neither part of his/her possible commercial nor of his/her possible independent professional activity.
Verbal agreements are not made. Our deliveries and offers are made on the basis of our order confirmation and the following conditions of sale. The contract concluded on the basis of the order confirmation, including the following conditions of sale, fully reflects all agreements between the contract parties with regard to the contractual object. With the exception of managing directors or authorized signatories, our employees shall not be entitled to make any deviating agreements. General terms and conditions of the business partner are herewith contradicted
Customary commercial deviations of items delivered shall be permissible insofar as they lie in the nature of items’ materials and do not impair usability for the contractually intended purpose.
Unless otherwise agreed, information on the items supplied is no guaranteed procurement characteristic, but a description or a labelling of the delivery.
Offers shall be free of charge in terms of quantity, delivery time and price insofar as there is a factual reason (such as lack of delivery capability and delivery option).
Our offer documents shall remain our property. They may not be made accessible to third parties.
All prices are to be understood DAP (delivered at place) of our business partner, including packaging, plus statutory VAT. The weight determined and controlled by us shall be invoiced.
Deliveries shall be made as soon as possible after conclusion of contract, provided no other times of delivery have been agreed. If other times of delivery are agreed, they shall only apply approximately (“circa”), unless it is additionally agreed that deviations from these other times of delivery shall be excluded.
We shall not be liable for impossibility of delivery or for delays in delivery, as far as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disturbances of all kinds, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, manpower shortage, lack of energy or raw materials, difficulties in obtaining regulatory approvals required, official measures, or non-delivery, incorrect delivery or untimely delivery by suppliers and reasons not imputable to us. Insofar as such events make it impossible for us to deliver (within the meaning of § 275 (1) BGB) and hindrance is not only of temporary duration, we shall be entitled to withdraw from the contract. In addition, delivery times, resp. delivery dates, shall be extended by the period of hindrance plus a reasonable restart period.
If, as a result of the delay it would be unreasonable for the business partner to accept the delivery, the business partner can withdraw from the contract by way of declaration. If the business partner is not a consumer, the declaration must be made immediately.
Partial deliveries are possible. Any possible additional costs for partial deliveries shall be borne by the party responsible. If neither we nor the business partner are responsible for the costs, the additional costs shall be distributed appropriately between us and the business partner.
Unless otherwise agreed, the purchase price shall be due immediately.
If the business partner is not a consumer, we shall be entitled to charge interest from the 14th day following receipt of the invoice in accordance with § 288 (2) BGB.
Cheques or bills of exchange shall only be accepted on account of performance.
6.1. Claims of the business partner against us resulting from the contract concluded shall not be assignable
6.2. Set-off with counterclaims of the business partner and assertion of rights of retention on the basis of such claims shall only by permissible if the counterclaims are undisputed or legally established.
7.1. If the business partner is a consumer, we shall retain ownership of the respective object of the delivery until full payment.
7.2. If the business partner is not a consumer, a retention of title in accordance with a) to g) shall apply instead. This retention of title shall cover all our claims arising from the business relationship with the business partner at the time of conclusion of the contract. This shall also apply to future receivables resulting from the business relationship with the business partner.
a) The relevant items (goods) delivered by us to the business partner shall remain our property until full payment of all secured claims. The goods, as well as the goods which are subject to this clause as a result of the retention of title, are referred to below as reserved goods.
b) The business partner shall store the reserved goods for us free of charge.
c) The business partner shall be entitled to sell the reserved goods in the normal course of business until occurrence of the event of exploitation (g). Pledges and assigning as collateral are not permitted.
d) In the event of a resale of the reserved goods, the business partner already now assigns to us all claims arising from this sale against the acquirer. Same shall apply to other claims which replace the reserved goods or otherwise arise with regard to the reserved goods, such as, e.g. insurance claims or claims resulting from tortious act in case of loss or destruction. We hereby revocably authorise the business partner to collect the claims assigned to us in his/her own name. We shall only be entitled to revoke this collection authorisation in the event of exploitation.
e) If a third party accesses the goods subject to retention of title, in particular by way of pledge, the business partner shall be obliged to immediately inform any third party with regard to our ownership and inform us so to enable us to enforce our property rights. If the third party is not in a position to reimburse us in this case for judicial or extra-judicial costs arising in this connection, the business partner shall be liable to us.
f) Upon demand, we shall release secured goods or the items or claims taking the place of secured goods at our discretion, to the extent that the value of such secured claims exceeds the amount by more than 50%.
g) If, in the event of a breach of contract by the business partner - in particular default of payment - we withdraw from the contract (event of exploitation), we shall be entitled to demand return of the reserved goods at our discretion.
Our articles are subject to voluntary, regular monitoring by sworn food experts and are in line with regulations and quality guidelines with regard to composition and designation.
8.1. Shelf life of our products is indicated by the best before labelling on the product packaging.
8.2. We shall not warrant the minimum shelf life in case of inappropriate storage.
8.3. If the business partner is not a consumer, the following letters shall apply: a) and b).
a) Immediately after receipt of the goods, any defects and differences in quantity / number of items shall be notified; later complaints shall not be recognised.
b) If accepted goods are subsequently claimed as being spoiled, a veterinary expert opinion shall be produced at our discretion or an immediate return of the goods shall be made. In case of samples taken by official control of foodstuffs, it is insisted that two cross checks shall be officially sealed. The cross checks shall be sent to us in the sealed form provided by the official control of foodstuffs. In case of deterioration of goods complained as a result of improper storage, any warranty claim shall expire.
8.4. Our fault-based liability shall be limited in accordance to the following provisions:
8.4.1. We shall not be liable in case of ordinary negligence, as long as it is not a violation of cardinal obligations. These are obligations on which the business partner regularly relies and may rely on and which must be fulfilled in order to ensure that the essential rights - which are to be granted to the business partner precisely according to the content and purpose of the contract - are not restricted and the contract can be implemented properly. This includes, for example, the obligation to deliver the goods ordered in the contractual quality and within contractual delivery time.
8.4.2. Insofar as we shall be liable for damages according to these terms of sale, this liability shall be limited to damages that we could have foreseen at the time of conclusion of the contract as possible consequences of a breach of contract - or in case of violation of cardinal obligations (see 8.4.1) - or which must have been foreseeable when applying due diligence. Indirect damages and consequential damages shall only be eligible for compensation - with exception of violation of cardinal obligations (see 8.4.1) -, insofar as such damages are typically to be expected when the delivery item is used as intended.
8.4.3. The aforementioned exclusions of liability and limitations of liability shall to the same extent apply in favour of our bodies, legal representatives, employees and other vicarious agents.
8.4.4. The aforementioned limitations shall not apply to our liability for intentional behaviour, guaranteed quality characteristics, injuries to life, body or health or according to the Product Liability Act.
The business partner takes note that, under the conditions of § 28 Bundesdatenschutzgesetz (German Data Protection Act) and - after its entry into force - the European Basic Data Regulation, we store data from the contractual relationship for the purpose of data processing and that we reserve the right to submit the data to third parties (e.g. insurances) as far as same is required for fulfilment of the contract.
10.1. The contractual relationship is exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.2. Unless otherwise agreed, place of performance for delivery is Bad Zwischenahn. Same shall apply to payments by the business partner.
10.3. We may take legal action against the business partner at jurisdiction of the place of performance and, at our discretion, also at the registered office of the business partner. The business partner can only take legal action against us at place of jurisdiction of the place of performance.
10.4. Only section 10.1 shall apply to a business partner who is a consumer, subject to any other rules governed by Article 6 of the Rome I Regulation (choice of law), and - subject to other provisions by § 29 ZPO (place of performance) - only No. 10.2, No. 10.3 shall not apply.
In case of a business partner who is a consumer, we are prepared to participate in dispute settlement proceedings before a consumer arbitration body. The Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl am Rhein (website: www.verbraucher-schlichter.de) shall be responsible.
The present terms and conditions are available in German language and in English translation. In case of doubt or differences of interpretation between the German and the English version, the German version shall prevail.
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