conditions
Sales and delivery terms of Austerschmidt Frische Bäcker GmbH & Co. KG, as of 15.09.2016
§ 1. General
Unless otherwise agreed, the following terms and conditions of sale and delivery apply exclusively. We shall not accept any provisions of the buyer which deviate from or deviate from our sales and delivery conditions, unless we have agreed in writing to their validity in writing. The oral or written order the acceptance of the delivery also apply as acknowledgment of our sales and payment terms.
§ 2 offers
Our offers are always free. Orders are accepted by us as accepted if we confirm them in writing or execute the order.
§ 3 Prices and payment
All prices are net prices, to which the statutory VAT is to be added. Unless otherwise agreed, they shall apply for delivery ex works, payments net cash according to product content. The disposal costs incurred by the buyer are already included in the sales price.
Checks and bank notes are only valid after payment and credit on our bank account. Discount charges and other costs shall be borne by the Purchaser.
The Buyer shall only be entitled to set-off rights if his counterclaims are legally established or undisputed. The buyer is not permitted to exercise a right of retention from previous or other business of the current business relationship.
The buyer shall be in default of payment at the latest according to the statutory provisions.
If the payment is exceeded, we are entitled to carry out further deliveries only against prepayments. In circumstances which reduce the creditworthiness of the purchaser, we may withdraw from the delivery contract or assert an extraordinary right of termination if the buyer fails to meet the deadlines set by us.
§ 4 Force majeure
In the case of force majeure or other unauthorized impairments of our delivery possibilities - as such, the circumstances and incidents which can not be prevented with due diligence - we are released from the obligation to deliver without a liability for compensation. Cases of force majeure include, but are not limited to, transport hindrances, operational disturbances, failure, delay or defectiveness of raw materials, governmental measures, any form of labor.
The buyer can revoke the order if we can not meet a reasonable set deadline.
§ 5 Deliveries
Any delivery periods begin upon receipt of all information and documents required for order processing.
Notwithstanding any efforts to meet delivery dates, term notices as "binding" or "fixed" shall not be binding. In the case of force majeure or other unaffected impairments of our delivery possibilities, the delivery time is extended by the duration of the hindrance. The purchaser is immediately informed of both the occurrence and the foreseeable duration of the disability. Both parties may withdraw from a single order without compensation if the delivery is delayed for more than one month.
Unless otherwise agreed, the choice of the packaging, shipping method and the dispatch route shall be at our discretion.
Industry-specific volume deviations are permitted. We reserve the right to increase or decrease orders for original containers.
The quantity delivered is always decisive for the calculation.
Returns for any reason whatsoever may only be made with our written consent.
The risk passes over when the goods have left the loading lamp, whether the delivery is carried out by our vehicles or on our order or the collection by the buyer or vehicles on his behalf.
§ 6 Delay in acceptance
If the buyer is in default of acceptance, we can withdraw from the contract and demand compensation for damages after setting a deadline of 14 days. In the event of damages, we can charge 25% of the lost net turnover without a proof. Any further damages claims remain unaffected.
§ 7 Warranty
The purchaser shall inspect the delivered goods immediately upon receipt to an appropriate extent. Any defects must be notified to the buyer within two working days after receipt of the goods in writing.
Our goods are free of material defects, if they correspond to the agreed specification when passing the risk. If we have not agreed a specification with the buyer, the goods are free of material defects, if they have a quality which is customary for goods of the same type and which the buyer can expect according to the nature of the goods. Our samples do not represent a guarantee, but only the general condition of a place of delivery. Apart from the delivery of goods which are free of defects, we are not obligated to any service.
The purchaser can only demand the delivery of defect-free goods as supplementary performance. If a replacement delivery is impossible or fails, the substitute delivery is refused unreasonably or unduly delayed, then the buyer has the right to reduce his choice or withdraw from the contract.
If goods are defective, this shall not be deemed to be a breach of duty for which we are responsible if we have produced or traded the goods properly according to our quality management according to the general standard, or the defect is due to the non-compliance of one or several process steps and the non-compliance with the due diligence a proper management could not be prevented.
We are always liable for injury to body and health (personal injury).
Injuries simple fulfillment obligations We do not assume any essential contractual obligations by simple negligence. Furthermore, our liability in the case of simple negligence is limited to the contract-typical, foreseeable damage.
The statutory limitation period applies.
If our employees assist in unloading and are involved in the operation of the customer, they act at their risk and risk. The same applies if the company to be supplied is made available to the employee for unloading machines or vehicles.
§ 8 Reservation of title
We retain ownership of the delivered goods until all our claims arising from the business relationship with the buyer have been fulfilled. The cessation of individual receivables into a current current account as well as the balancing and its recognition do not affect this reservation of proprietary rights. Dispositions of the goods may only take place within the scope of the ordinary course of business. The resulting claims against third parties are assigned to us for security reasons. In the event of resale in exchange for cash payment, the proceeds shall immediately be substituted for the goods, with the surrender of the proceeds being to be made immediately. Accesses of third parties to the
We reserve the right to immediately report any goods subject to retention of title.
Objections and objections to the claim to which we are entitled or the claims assigned to us hereunder shall be excluded. We are entitled to enter the warehouse of the Purchaser himself or by proxy for the determination of the goods subject to retention of title.
We undertake to release the existing security at our option insofar as its value increases the receivables to be secured by 20%.
§ 9 Nullity Clause
Should individual provisions of the agreement between us and the buyer be or become void or contestable, the remaining provisions shall remain unaffected. To the extent that a provision of these General Conditions of Sale and Delivery is or becomes void or contestable, the remaining provisions shall be interpreted taking account of the economic purpose pursued by the void or contestable provision.
§ 10 Jurisdiction
The place of performance for all payments is Delbrück. If the buyer is a merchant, the court of jurisdiction is Delbriick or, at our discretion, its general court of jurisdiction. Delbrück is the exclusive court of jurisdiction for claims against a purchaser who, after the conclusion of the contract, relocates his place of residence or habitual residence from the scope of the ZPO, or is not known to be domiciled or habitually resident at the time of the legal assertion of our claims. It is only the law of the Federal Republic of Germany.
§ 1. General
Unless otherwise agreed, the following terms and conditions of sale and delivery apply exclusively. We shall not accept any provisions of the buyer which deviate from or deviate from our sales and delivery conditions, unless we have agreed in writing to their validity in writing. The oral or written order the acceptance of the delivery also apply as acknowledgment of our sales and payment terms.
§ 2 offers
Our offers are always free. Orders are accepted by us as accepted if we confirm them in writing or execute the order.
§ 3 Prices and payment
All prices are net prices, to which the statutory VAT is to be added. Unless otherwise agreed, they shall apply for delivery ex works, payments net cash according to product content. The disposal costs incurred by the buyer are already included in the sales price.
Checks and bank notes are only valid after payment and credit on our bank account. Discount charges and other costs shall be borne by the Purchaser.
The Buyer shall only be entitled to set-off rights if his counterclaims are legally established or undisputed. The buyer is not permitted to exercise a right of retention from previous or other business of the current business relationship.
The buyer shall be in default of payment at the latest according to the statutory provisions.
If the payment is exceeded, we are entitled to carry out further deliveries only against prepayments. In circumstances which reduce the creditworthiness of the purchaser, we may withdraw from the delivery contract or assert an extraordinary right of termination if the buyer fails to meet the deadlines set by us.
§ 4 Force majeure
In the case of force majeure or other unauthorized impairments of our delivery possibilities - as such, the circumstances and incidents which can not be prevented with due diligence - we are released from the obligation to deliver without a liability for compensation. Cases of force majeure include, but are not limited to, transport hindrances, operational disturbances, failure, delay or defectiveness of raw materials, governmental measures, any form of labor.
The buyer can revoke the order if we can not meet a reasonable set deadline.
§ 5 Deliveries
Any delivery periods begin upon receipt of all information and documents required for order processing.
Notwithstanding any efforts to meet delivery dates, term notices as "binding" or "fixed" shall not be binding. In the case of force majeure or other unaffected impairments of our delivery possibilities, the delivery time is extended by the duration of the hindrance. The purchaser is immediately informed of both the occurrence and the foreseeable duration of the disability. Both parties may withdraw from a single order without compensation if the delivery is delayed for more than one month.
Unless otherwise agreed, the choice of the packaging, shipping method and the dispatch route shall be at our discretion.
Industry-specific volume deviations are permitted. We reserve the right to increase or decrease orders for original containers.
The quantity delivered is always decisive for the calculation.
Returns for any reason whatsoever may only be made with our written consent.
The risk passes over when the goods have left the loading lamp, whether the delivery is carried out by our vehicles or on our order or the collection by the buyer or vehicles on his behalf.
§ 6 Delay in acceptance
If the buyer is in default of acceptance, we can withdraw from the contract and demand compensation for damages after setting a deadline of 14 days. In the event of damages, we can charge 25% of the lost net turnover without a proof. Any further damages claims remain unaffected.
§ 7 Warranty
The purchaser shall inspect the delivered goods immediately upon receipt to an appropriate extent. Any defects must be notified to the buyer within two working days after receipt of the goods in writing.
Our goods are free of material defects, if they correspond to the agreed specification when passing the risk. If we have not agreed a specification with the buyer, the goods are free of material defects, if they have a quality which is customary for goods of the same type and which the buyer can expect according to the nature of the goods. Our samples do not represent a guarantee, but only the general condition of a place of delivery. Apart from the delivery of goods which are free of defects, we are not obligated to any service.
The purchaser can only demand the delivery of defect-free goods as supplementary performance. If a replacement delivery is impossible or fails, the substitute delivery is refused unreasonably or unduly delayed, then the buyer has the right to reduce his choice or withdraw from the contract.
If goods are defective, this shall not be deemed to be a breach of duty for which we are responsible if we have produced or traded the goods properly according to our quality management according to the general standard, or the defect is due to the non-compliance of one or several process steps and the non-compliance with the due diligence a proper management could not be prevented.
We are always liable for injury to body and health (personal injury).
Injuries simple fulfillment obligations We do not assume any essential contractual obligations by simple negligence. Furthermore, our liability in the case of simple negligence is limited to the contract-typical, foreseeable damage.
The statutory limitation period applies.
If our employees assist in unloading and are involved in the operation of the customer, they act at their risk and risk. The same applies if the company to be supplied is made available to the employee for unloading machines or vehicles.
§ 8 Reservation of title
We retain ownership of the delivered goods until all our claims arising from the business relationship with the buyer have been fulfilled. The cessation of individual receivables into a current current account as well as the balancing and its recognition do not affect this reservation of proprietary rights. Dispositions of the goods may only take place within the scope of the ordinary course of business. The resulting claims against third parties are assigned to us for security reasons. In the event of resale in exchange for cash payment, the proceeds shall immediately be substituted for the goods, with the surrender of the proceeds being to be made immediately. Accesses of third parties to the
We reserve the right to immediately report any goods subject to retention of title.
Objections and objections to the claim to which we are entitled or the claims assigned to us hereunder shall be excluded. We are entitled to enter the warehouse of the Purchaser himself or by proxy for the determination of the goods subject to retention of title.
We undertake to release the existing security at our option insofar as its value increases the receivables to be secured by 20%.
§ 9 Nullity Clause
Should individual provisions of the agreement between us and the buyer be or become void or contestable, the remaining provisions shall remain unaffected. To the extent that a provision of these General Conditions of Sale and Delivery is or becomes void or contestable, the remaining provisions shall be interpreted taking account of the economic purpose pursued by the void or contestable provision.
§ 10 Jurisdiction
The place of performance for all payments is Delbrück. If the buyer is a merchant, the court of jurisdiction is Delbriick or, at our discretion, its general court of jurisdiction. Delbrück is the exclusive court of jurisdiction for claims against a purchaser who, after the conclusion of the contract, relocates his place of residence or habitual residence from the scope of the ZPO, or is not known to be domiciled or habitually resident at the time of the legal assertion of our claims. It is only the law of the Federal Republic of Germany.
Austerschmidt Frische Bäcker GmbH & Co. KG
Schwalbenweg 21
33129 Delbrück
Tel. + 49 5250 97970
Fax + 49 5250 979770
E-Mail: info@austerschmidt.de
Schwalbenweg 21
33129 Delbrück
Tel. + 49 5250 97970
Fax + 49 5250 979770
E-Mail: info@austerschmidt.de
