Terms of Service

TERMS OF SERVICE

1. Scope of application

Our terms and conditions apply exclusively. We do not recognise any terms and conditions of the customer that deviate from our terms and conditions, unless we have exclusively agreed to their validity in writing. Our terms of delivery also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

Our delivery conditions also apply to further business relationships with the customer

2. Conclusion of the contract

The handling of the delivery is determined by our written order confirmation. All agreements made for the execution of this contract must be set out in writing in this contract.

3. Prices and terms of payment

Our prices are ex works or ex warehouse, plus VAT at the relevant rate. The costs for packaging, shipping, insurance and customs duties etc. are calculated separately. We are entitled to invoice partial deliveries separately.

Unless otherwise stated in the order confirmation, the purchase price is due for payment within 21 days of the invoice date.

The buyer is at fault if they do not pay after a reminder from the seller, which occurs after the due date of the purchase price. Regardless of this, the buyer is at fault if they do not make a payment date specified in the contract in accordance with the calendar. The legal regulation, according to which the debtor is automatically in default 30 days after receipt of an invoice, remains unaffected.

4. Delivery time

The specification of certain delivery periods and dates is subject to the fact that we ourselves are supplied correctly and on time. The start of the delivery period requires the receipt of all documents required for the execution of the order. It is complied with if we have left the factory or warehouse by the time the goods have expired or if readiness for dispatch has been notified.

If, after we have already fallen into arrears, the customer sets us a reasonable grace period of at least 14 working days with the threat of leaning, he is entitled to withdraw from the contract after this grace period has expired without result.

The customer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay was due to intent or gross negligence. Incidentally, the compensation for damages is limited to 50% of the damage incurred.

5. Transfer of risk

The risk is transferred to the purchaser when the delivery is made available and the goods are ready for dispatch or the goods are handed over to the person carrying out the transport, but no later than when they leave our factory or warehouse. If the customer so requests in writing, we will take out transport insurance for the delivery; the customer bears the costs incurred.

6. Notification of defects

The warranty rights of the purchaser presuppose that he has properly complied with his inspection and complaint obligations according to §§377, 378 HGB. Supplied casings are exposed to rapid spoilage. Complaints must therefore be made in writing within 5 days of delivery at the latest. Goods complained about must be stored and handled appropriately. Returns may only be made with our prior consent. Incorrectly opened containers will not be taken back.

7. Warranty for defects

In the case of unsorted casings, any guarantee for caliber and quality is excluded. We will either replace defective goods or issue a credit. If the subsequent delivery does not take place or is unsuccessful despite two reasonable deadlines being set by the customer, the customer can withdraw from the contract. If the goods lack a guaranteed property at the time of the transfer of risk, the purchaser is entitled to statutory rights. Compensation for consequential damage caused by defects can only be demanded to the extent that the assurance was specifically aimed at protecting the customer against consequential damage caused by defects.

8. Overall order

Our liability is based on the agreements made in these delivery conditions. In addition, claims for damages, regardless of the legal basis, are excluded, unless we are accused of willful intent or we are responsible for our own gross negligence or gross negligence on the part of our vicarious agents or the claim for damages results from the breach of essential contractual obligations. This liability regulation does not apply to claims according to §§1, 4 Product Liability Act. The same applies to initial inability or impossibility for which we are responsible.

Insofar as our liability is excluded or limited, this also applies to the personal liability of our employers, employees, representatives and vicarious agents.

9. Retention of title We reserve the right of ownership to all delivered goods in all cases; ownership is only transferred to the customer after payment has been made in full. In the case that the goods that the customer purchases from us are for commecial use, we reserve the right of ownership to the goods until all payments from the business relationship with the customer have been received. The customer is obliged to treat the goods with care, also with regard to their perishable nature, in particular they are obliged to insure the goods against theft, spoilage and damage at their own expense until the retention of title has ended and to provide evidence of this upon request. In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing or, if necessary, by telephone beforehand. The customer is entitled to resell the goods in the ordinary course of business; However, they must now assign to us all claims in the amount of the final invoice amount (including VAT) that accrue to them from the resale to their customers or third parties, regardless of whether the goods have been resold without or after processing. The customer remains authorised to include these claims even after the assignment. Our authority to collect these claims ourselves remains unaffected. We will not collect the claims as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended. If this is the case, however, the customer must inform us of the claims submitted and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment. The processing or transformation of the goods for the customer is always carried out for us. If the goods are processed with other objects that do not belong to us, we acquire co-ownership of the new object in the ratio of the value of the goods to the other processed objects at the time of processing. The same applies to the item resulting from processing as to the goods delivered under reservation. If the goods are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing. If the mixing takes place in such a way that the purchaser’s item is to be regarded as the main item, it is agreed that the purchaser transfers proportional co-ownership to us. The purchaser keeps the resulting sole or joint ownership for us. We undertake to release the securities to which we are entitled at the request of the customer, at our discretion, insofar as their value exceeds the claims to be secured by more than 20%. In the case of export transactions to countries in which the aforementioned retention of title is not legally effective, we reserve the right to secure the right of ownership in accordance with the respective statutory provisions of the receiving country. The purchaser is obliged to cooperate in this, as far as necessary.

10. Food law provisions The customer is obliged to comply with the food law provisions internally. He must notify us immediately of any complaints from the monitoring bodies. If samples are taken by government agencies, the customer must ensure that we do a cross-check and notify us of the sampling immediately.

11. Place of performance, place of jurisdiction and applicable law The place of performance is Saarbrücken. The place of jurisdiction is Saarbrücken if the customer is a registered trader, a legal entity under public law or a special fund under public law. We are also entitled to sue at the headquarters of the customer or at any other legal place of jurisdiction. In addition to these conditions, the law of the Federal Republic of Germany applies. The application of the uniform UN sales law (CISG) is excluded.