§ 1 Scope of application
- Our terms of sale apply exclusively. Conditions of the customer which deviate from our conditions of sale, shall not be valid. If a provision in the context of other agreements be or become invalid, the validity of the remaining provisions hereby shall not be affected.
§ 2 Conclusion of the contract
- The order is a binding offer. We can accept this offer at our discretion by sending an order confirmation within 2 weeks, or the purchaser will be sent the ordered goods within this period.
- Offers in brochures, advertisements or price lists concerning weight, dimensions, filling and price are subject to change and are not binding until they are mentioned in the delivery note, or reference is made explicitly thereto. Weight losses due to natural wastage, storage and the like cannot be excluded and are not borne by us.
- We reserve the right to withdraw from contracts if:
- after conclusion of the contract crop failures due to force majeure or adverse weather conditions occur, or one of our suppliers, for reasons which we can not influence, despite existing delivery contract loses its ability to deliver,
- through the fault of the producer the contract goods are not certified by the respective growers association as organic products according to the EC Organic Regulation. A change to the intended certification in the contract is permissible,
- after a change to the EC Organic Regulation a third country product at the time of import into the EC is no longer recognized as an organic product according to the EC Organic Regulation
- after conclusion of the contract we doubt the necessary liquidity of the buyer to pay, and he cannot dispel such doubts at our request by providing adequate supporting documents,
- the contracting party does not comply with agreed delivery or acceptance dates, or with payment dates.
§ 3 Prices
- Unless stated in the order confirmation, our prices are ex works.
- Our invoices are due for payment within the agreed period from the date of invoice without deduction. If the buyer defaults on payment, we are entitled to charge default interest at the rate of 5% above the base rate of the European Central Bank. If we can prove a higher damage caused by default, so we are entitled to assert it.
- In the case of contracts with a delivery time of more than 4 months, we reserve the right to increase prices accordingly if there is an increase in costs. If the increase is more than 5% of the agreed price, the buyer has a right of termination.
- The buyer is only entitled to rights of set-off if his counterclaims are legally established or are undisputed or recognized by us.
§ 4 Delivery
- If we default, our liability for damages is limited in the case of slight negligence to an amount of 30% of the foreseeable damage. Further compensation claims exist only if the delay is due to intent or gross negligence.
- Compliance with our delivery obligation requires the timely and proper fulfillment of the obligation of the customer.
- The customer shall inspect the goods immediately upon receipt for shipping damage, obvious defects and guaranteed properties. Transport damage must be confirmed by the delivery person on the delivery note and the shipping bill immediately, otherwise, no replacement can be made. (The insurance conditions of freight forwarders require this.) The buyer must notify us immediately in writing about any other obvious defects in the goods or at the latest within eight days. Our warranty does not extend to damages incurred by the buyer due to improper handling, natural shrinkage, dampness, excessive heating of the rooms, other exceptional weather and temperature effects as well as insect and beetle infestation. We are not liable for direct or indirect damages, unless these are due to gross negligence or willful misconduct, which is attributable to us, or there is a culpable violation of essential contractual obligations. Fundamental contractual obligations are those obligations which protect the basic contractual legal positions of the buyer, which the contract has to provide to its content and purpose; also fundamental are those contractual obligations whose fulfilment enables the proper implementation of the contract in the first place, and on whose compliance the buyer regularly relies and may rely. If we are liable under the preceding sentence for the breach of an essential contractual obligation, without intent or gross negligence, liability shall be limited to the typically foreseeable damage. The above limitations or exclusions may not apply in case of culpable injury to life, body and health, for liability claims under the Product Liability Act or in the case of a contractual warranty, the contractual assumption of a procurement risk, or when the relevant circumstance for liability was fraudulently concealed. Insofar as our liability is excluded or limited due to the aforementioned regulations, the same applies to our employees and vicarious agents.
Return of goods can only take place if a written complaint is received within eight days of the delivery date.
- The dispatch of goods takes place at the expense and risk of the customer. If the specified price is including freight, the goods shall be delivered free of additional shipping costs. The risk is also borne by the customer here.
- Claims for damages in tort, irrespective of the legal reason, against us or our employers or persons employed by us to deliver goods are excluded, insofar as no intentional or grossly negligent acts can be proven.
- Claims arising from defects shall expire, in trade after one year; for consumers after two years.
- Order confirmations and contracts are concluded subject to correct and punctual delivery.
§ 5 Retention of title
- The delivered goods remain our property until complete payment is effected – in the case of payment by cheque or bill of exchange when cashed. If the retention of title expires by resale, combination, mixing or processing, the new item or the resulting demand replaces the goods supplied (extended retention of title). The goods supplied do not serve to maintain the economic operation of a buyer. In any case, the goods delivered shall remain the property of us until all claims are paid in full from the current account or business relationship. In the case of breach of contract by the buyer – in particular for default in payment – we are entitled to take back the reserved goods at the buyer’s expense.
§ 6 Place of fulfilment
Place of fulfilment is Leutkirch. If the purchaser is a merchant according to the Commercial Code, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Ravensburg.
§ 7 Applicable law
Disputes concerning the existence and/or provisions of the contract are exclusively governed by German law. This applies regardless of the country in which the customer has his office or where the delivery is completed.