1. general
This sales terms and terms of delivery are obligatory parts of contract.
2. supply
The commodity travels on danger of the buyer. Partial deliveries
are permitted, they are considered as independent business. Not of
us which
were to blame
for delay in our before-material supply gives us the right to appropriate
extension of the time of delivery. Higher force and other circumstances,
over which the salesman does not have power, like official measures,
strike, operational disturbance, internal unrests and war measures,
entitle to
push out the salesman, the supply accordingly or withdraw from the
sales contract or its unfulfilled part, without which any claims
for damages
are entitled to the buyer. For goods deliveries under € 500, 00 we
are legitimated to raised a forwarding expenses lump sum accordingly to
real expenditure. Pure beer~ or liquor orders increases the purchase order
value up to € 1.000,00
3. Notice of defect and warranty for defects
The buyer is obligates the commodity after the arrival or as soon
as he attained executing aides in other way or by its order power
to examine
immediately. Any lacks have to be reported written or by telephone
within
48 hours. The period begins with the acquisition of order power by
the buyer or its executing aide. The customer is obligated to convince
itself
by sufficient samples of the correctness of the supplied commodity.
With entitled notices of defect we are only obligated to take the
complained of commodity back. The cancelling extends only to original
bundles
and
absolute material. To a replacement we are entitled, but does not
obligate. Beyond that no further claims for damages exist because
of direct or
indirect damage as well as damages. Objections regarding packing
and underweight
must be noted absolutely in writing with arrival of the commodity
on the delivery papers before the empfangsquittung. With underweight
of
individual
packages the actual weight in presence of the distribution drivers
is to be determined. If reservations in the empfangsquittung are
not present,
then the salesman is not liable to pay damages. Also in the case
the buyer is committed to the objection to the acceptance. The buyer
has
to store
the commodity duly, until an examination of the objection is possible
for the salesman. The return of the complained of commodity may take
place
only after previous consent of the salesman.
4. Payment
All prices are € prices plus at the date of the contract or supply
valid value added taxes. The prices are ex work, Germany plus forwarding
expenses. Forwarding expenses are void only according to appropriate
agreement. For lack of agreement the payment is due after invoice
date purely net
without departures immediately. For new customers the supplies
are by cash on delivery upon otherwise agreed. To the taking in of changes
we
are not
obligated. Cheques are credited after redemption. The demand and
its maturity remain up to then unaffected. For punctual redemption we do
not take over
guarantee. Protest and back load fees go debited to the buyer.
Debits
are accepted only in the writing off.
During excess of the date of payment and after unique reminder
the following rights are entitled to us:
- All supplies,
also from other contracts, still which can be taken place, do not
need to be implemented.
- For all us thereby
developing damage can payment of damages be demanded.
- All remaining
demands, even if these should not be due, become due the immediate
payment.
5. Prices
All
prices are
current market
prices and can without
previous announcement
be increased/lowered.
6. Credit-worthiness
Changes of the ownership, company form, the address or other, economical
conditions and
Credit-worthiness affecting circumstances, in particular an
existing or intended global assignment in favor of third,
are to be indicated us immediately in writing. Such lasting
changes entitle us after our choice:
- immediate payment or security because of due or deferred requirements
from all
To stress legal transactions.
- To refuse up to the pre-payment or security fulfillment of a contract
to withdraw from the contract
to require or compensation because of default.
7. Retention of title
Our commodity is supplied exclusive under retention of title and
remains up to the complete payment our property.
A any processing of the supplied commodity takes the buyer
on behalf of the salesman, also the owner to that again
manufactured things becomes, forwards. The buyer is obligated,
the supplied goods and the goods developing again from it
against Feuer– and risk of theft to insure and to the salesman
on require the conclusion of an insurance to prove.
8. Area of jurisdiction
Area of jurisdiction is the court responsible for the seat
of our company.
9. Legal force
Individual parts of the sales contract and/or the managing
Verkaufs– should;
and terms of delivery not legally effective its,
thus thereby the effectiveness of the remaining regulations
is not affected.
© 2006 by Sierra Madre Trend Food GmbH * Rohrstrasse 15 * D 58093 Hagen
Alle Teile dieses Werkes sind urheberrechtlich geschützt. Es gilt der
enge Rahmen des Urhebergesetzes.
Alle Rechte vorbehalten, insbesondere das
Recht der Übersetzung, Reproduktion und Vervielfältigung.
Die in
diesem Werk wiedergegebenen Gerbrauchs-, Handelsnamen, Warenbezeichnungen usw.
können auch
ohne besondere Kennzeichnung Marken sein und als solche den
gesetzlichen Bestimmungen unterliegen.
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