General Terms and Conditions
The following terms of delivery and payment apply to our current and future deliveries:
1. The place of performance for all deliveries is Hamburg.
2. All deliveries are made subject to retention of title to the delivered goods until all obligations arising from the business relationship with us have been fulfilled in full. If a purchase price claim is lost due to a balance being drawn, the retention of title applies as security for the claim from the balance (current account retention of title).
If our claim is exceeded by more than 50%, we are obliged, at the request of the buyer, to waive our retention of title for a corresponding part of the delivered goods. If the buyer sells the goods before they have been paid for in full or before the balance has been fully covered, the following applies to the retention of title:
a) Rights and claims from the delivery of goods belonging to us to third parties are assigned to us in advance, in particular the purchase price claim against the buyer of the goods.
b) Goods resulting from further processing become our property immediately. If the buyer processes the goods with other goods that do not belong to us, we are entitled to co-ownership of the new item in the ratio of the reserved goods to the other processed goods at the time of processing.
c) Attempts to seize or other access by third parties against our reserved property or the claims and rights assigned to us must be objected to immediately. The buyer undertakes to notify us of this as quickly as possible, as of any other risk to our property.
3. The weights are determined before departure by a qualified weigher; these are decisive for the issuing of invoices. Deviations in quality and complaints about quantities must be reported within 5 hours of receipt of the goods, and complaints must be made immediately. In this case, we or our representative must be given the opportunity to check the authorization. After the start of processing or after forwarding, any right to complain or objection is void.
4. The goods always travel at the risk of the buyer, even if they are transported in the seller's means of transport. A freight agreement such as "free place of receipt" has no effect on the transfer of risk. If possible, delivery will take place on the scheduled date. Exceeding the agreed delivery times does not entitle the customer to compensation. Force majeure, unacceptable impossibility or unacceptable inability (e.g. disruptions in delivery, traffic and operational disruptions, strikes, etc.) shall be borne by the buyer.
5. Offers and price information during contract negotiations are non-binding. Agreed prices are net prices. They are exclusive of the VAT applicable on the day of delivery. Countervailing charges are the responsibility of the buyer. Changes require a written agreement.
6. Unless otherwise agreed, payments must be made after the invoice date without any deductions. The buyer is in default at the latest if he does not pay within 14 days after the due date and receipt of an invoice or equivalent list of payments. In the event of default, default interest and all costs arising from payment reminders will be charged.
7. Agreements that deviate from these conditions require written confirmation to be legally effective.
8. Hamburg is agreed as the place of jurisdiction for all legal disputes. Should individual provisions of the delivery and payment conditions be or become wholly or partially legally invalid, the validity of the remaining provisions shall remain unaffected.
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