GTC Tannenhof

General Terms and Conditions of Sale of Tannenhof Schwarzwälder Fleischwaren GmbH & Co. KG
1. General - scope of application
a) Our terms and conditions of sale apply exclusively; any conflicting or deviating terms
and conditions of the customer that conflict with or deviate from our conditions,
unless we have expressly agreed to their validity in writing.
Our Terms and Conditions of Sale shall also apply even if we are aware of conflicting
conditions or conditions deviating from our conditions of sale
terms and conditions of the customer without reservation.
b) All agreements made between us and the customer for the purpose of executing
thiscontract must be made in writing.
2. Offer
IIf the customer's order is to be qualified as an offer pursuant to § 145 BGB, we may
accept it within 4 weeks.
3. Prices - terms of payment
a) Unless otherwise stated in the order confirmation, our prices shall apply "ex works",
excluding packaging; this will be invoiced separately.
b) The statutory value added tax is not included in our prices; it will be charged at the
separately in the invoice at the statutory rate on the day of invoicing.
c) The deduction of a cash discount requires special written agreement.
d) Unless otherwise stated in the order confirmation, the purchase price shall be payable
net (without deduction) is due for payment immediately. The customer shall be in
default if he fails to make due payments due no later than thirty days after receipt of
an invoice or equivalent payment payment request. We reserve the right to avoid
default by by issuing a reminder after the due date at an earlier point in time.
after the due date. Notwithstanding sentences 1 and 2, the customer shall be in
default in default if it has been agreed that the purchase price is to be paid at a
specific or determinable or determinable date, and the customer fails to pay by this
date at the latest.
e) If the customer is in default of payment, we shall be entitled to charge interest on
arrears in the amount of 9% above the respective base interest rate per annum. If we
are in a position prove a higher damage caused by default, we are entitled to claim
this.
f) The customer shall only be entitled to set-off rights if his counterclaims have been
legally established, undisputed or recognized by us. Furthermore, he is
authorized to exercise a right of retention insofar as his counterclaim is based on the
same contractual relationship.
4. Delivery time
a) The start of the delivery period stated by us is subject to the clarification of all
technical questions have been clarified.
b) If we are in default of delivery for reasons for which we are responsible, our liability for
liability for damages for damages that are a direct consequence of the delayed
delivery of the delayed delivery shall be limited to the amount of the foreseeable
damage.
c) If, after we are already in default, the customer sets us a reasonable grace period
period of grace, he shall be entitled to withdraw from the contract after the fruitless
expiry of this period of grace. If a reasonable grace period has elapsed fruitlessly, the
customer is purchaser is obliged to declare within a period of two weeks after expiry
of the grace period to declare whether he will withdraw from the contract or continue
to insist on fulfillment.
d) Insofar as we are also liable for damages instead of performance, claims in the event of
claims in the case of ordinary negligence are limited to the amount of the foreseeable
damage.
e) In the case of ordinary negligence, we shall never be liable for consequential damage
caused by the delayed or performance, in particular for loss of profit on the part of the
customer or other or other production downtime costs.
f) Compliance with our delivery obligations requires the timely and proper fulfillment of
the fulfillment of the customer's obligations.
g) If the customer is in default of acceptance or violates other obligations to cooperate
obligations to cooperate, we shall be entitled to demand compensation for the
damage incurred, including any additional expenses. In this case, the risk of accidental
loss or accidental deterioration of the purchased item at the time at which the to the
customer at the point in time at which the customer is in default of acceptance.
5. Transfer of risk
a) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.
b) If dispatch or acceptance is delayed or does not take place as a result of circumstances
for which we are not responsible, the risk shall pass to the customer from the day of
readiness for dispatch or acceptance.
c) Partial deliveries are permissible, insofar as reasonable for the customer.
d) If the customer so wishes, we will cover the delivery with transport insurance; the
costs incurred in this respect shall be borne by the customer.
6. Warranty for defects
a) The purchaser's warranty rights presuppose that he has duly fulfilled his obligations
to inspect the goods in accordance with § 377 HGB (German Commercial Code) that
he has properly fulfilled his obligations to inspect and obligations. Complaints must
be notified to us in writing within three working days of receipt of the goods in
writing. In the case of official sampling, the purchaser is obliged to request an officially
sealed counter sample and to send it to us immediately.
b) If there is a defect in the purchased item for which we are responsible, we shall be
our choice to remedy the defect or to deliver a defect-free item.
c) If we are not prepared or not in a position to remedy the defect or deliver a
replacement in particular if this is delayed beyond a reasonable period of time for
reasons for which we are reasons for which we are responsible, or if the rectification
of the defect or the or replacement delivery fails in any other way, the customer shall
be entitled, at his discretion, to contract or to demand a corresponding reduction in
the purchase price. If a reasonable period of grace has elapsed without result, the
purchaser shall be obliged to declare within a period of two weeks after expiry of the
grace period whether he withdraws from the contract or continues to insist on
fulfillment.
d) Unless otherwise stated below, any further claims of the customer - irrespective of the
the customer - irrespective of the legal grounds - are excluded. We are therefore not
liable therefore not liable for damages that have not occurred to the delivery item
itself; in particular in particular, we shall not be liable for loss of profit or other financial
losses of the customer. Insofar as liability for such damages does exist, claims for
damages are claims for damages are limited to the amount of the foreseeable
damage.
e) The above exemption from liability shall not apply if the cause of the damage is due
to is based on intent or gross negligence. Furthermore, it shall not apply if we have
given a guarantee for a certain quality of the item and this quality is missing.
f) Insofar as we negligently breach an essential contractual obligation, our liability shall
be limited to the foreseeable damage. Insofar as claims are asserted for damages
which are covered by our business liability insurance or product liability insurance,
our product liability insurance, our liability to pay compensation shall be limited to
the compensation insurance.
g) The warranty period is 1 year, calculated from the transfer of risk. This period
is a limitation period and also applies to claims for compensation for consequential
damages, insofar as no claims in tort are asserted.
7. Retention of title
a) We reserve title to the purchased item until receipt of all payments from the business
from the business relationship with the customer. In the event of any breach of
contract breach of contract, in particular in the event of default in payment, we shall
be entitled to statutory rights and to take back the purchased item. After
the purchased item, we shall be authorized to sell it; the proceeds from the sale shall
be the customer's liabilities - less reasonable utilization costs.
b) In the event of seizure or other third-party interventions, the customer must inform us
immediately immediately in writing so that we can take legal action in accordance
with § 771 ZPO. Insofar as third party is not in a position to reimburse us for the
judicial and extrajudicial costs of such an action, the customer shall be liable for the
loss incurred.
c) The customer is entitled to resell the purchased item in the ordinary course of
business; however, he hereby assigns to us all claims in the amount of the final
invoice amount (including VAT) which accrue to him from the resale against his
customers or third parties, irrespective of whether the purchased item has been
resold without or after sold without or after processing. The customer remains
entitled to collect this shall remain authorized to collect this claim even after the
assignment. Our authorization to collect the claim ourselves shall remain unaffected
by this. However, we undertake not to collect the claim as long as the customer
meets his payment obligations from the obligations from the proceeds received, is
not in default of payment and in particular, no application for the opening of
bankruptcy or composition proceedings has been filed or payments have been
suspended. However, if this is the case, then the customer shall be entitled to
demand that the customer informs us of the assigned claims and their
debtors, provide all information necessary for collection and hand over the relevant
documents.
d) The processing or transformation of the object of sale by the customer shall always be
for us. If the object of sale is processed with other objects not belonging to us
we shall acquire co-ownership of the new item in the ratio of the value of the
purchased item to the other processed items at the time of processing.For the rest,
the same shall apply to the item created by processing the same as for the purchased
item delivered under reservation of title.
e) We undertake to release the securities to which we are entitled at the request of the
purchaser to the extent that the value of our securities exceeds the claims to be
secured by more than 20 claims to be secured by more than 20 %; the choice of the
securities to be released is incumbent on us.
8. Place of jurisdiction - place of performance
a) If the customer is a registered trader, our place of jurisdiction is Villingen-
Schwenningen. However, we are also entitled to sue the customer at the court of his
place of residence.
b) Unless otherwise stated in the order confirmation, the place of fulfillment is
Niedereschach.
c) This contract shall be governed exclusively by the laws of the Federal Republic of
Germany.
9. Data protection information
Our privacy policy and information on the processing of personal data in accordance
with data in accordance with Art. 13 GDPR can be found on our website via the
the following link:
https://www.tannenhof-schinken.de/en/data-protection/