General terms and conditions of business
1. Applicability of the General Terms and Conditions
- The following terms and conditions of business and delivery apply to all our deliveries. Deviating provisions, in particular the buyer's purchasing terms, will only become part of the contract if expressly agreed to in writing.
2. Shipping and Transfer of Risk
- Delivery is made from our warehouse, at the recipient's expense.
- Partial shipments are permitted and must be accepted and paid for.
- Claims for damages in transit must be addressed directly to the transport company or the insurer.
- The risk of loss, deterioration and shipment passes to the buyer in all cases as soon as the delivery item leaves our business or warehouse premises; this also applies to deliveries free of charge.
- If the dispatch of the goods is delayed for a reason beyond our control, the risk passes to the buyer upon notification of readiness for dispatch. The same applies if we exercise a right of retention.
3. Delivery time
- Claims for delayed delivery are excluded unless expressly stated otherwise in the written order confirmation. Import and export bans, confiscation and seizure, as well as all acts of force majeure, including strikes, riots, etc., release us from any liability and delivery obligations.
4. Prizes
- Our prices are net prices plus applicable statutory VAT.
- Freight, packaging, insurance premiums and other incidental costs may be charged separately by us.
- Prices are subject to change without notice.
5. Delivery time
- The invoice amount is due for payment immediately upon receipt of the invoice without any deductions, unless otherwise expressly agreed in writing.
- Withholding payment or offsetting against any counterclaims by the buyer is excluded.
6. Buyer's payment default
- According to §248 BGB, the debtor of a monetary claim is generally in default 30 days after the due date and receipt of the invoice.
- In the event of a payment deadline being exceeded, we are entitled under §284 BGB to charge default interest at a rate of 8% above the base interest rate according to the Discount Transition Act without a reminder and proof of damages; the assertion of further damages for default as well as the rights under §326 BGB remain reserved.
- In the event of the buyer suspending payments, filing for bankruptcy or composition proceedings, we are entitled to demand advance payment or security.
7. Retention of title
- All deliveries are subject to retention of title. The delivered goods remain our property until full payment of the purchase price, and in the case of sales against acceptance, until the bill of exchange has been honored. However, they may be resold in the ordinary course of business. In this case, the claim for payment of the proceeds, which is hereby assigned to us, replaces the goods. The buyer must notify the third-party debtor of this assignment at any time upon our request.
8. Warranty
- Warranty claims by the buyer due to defects in the goods are only valid if the buyer notifies us of these defects in writing no later than three working days after delivery of the goods, and in any case before processing them. Defective goods must be returned at the buyer's expense and risk upon request. We reserve the right to provide a replacement, refund, or price reduction in the case of justified complaints.
- Hidden defects can only be claimed within a reasonable period, depending on the nature of the goods, but not exceeding 3 months, and must be reported to us within 24 hours of discovery. The claim must be substantiated by an expert's report.
- If the contract is concluded after the buyer has inspected the goods, warranty claims due to any defect are excluded.
9. Conclusion of the contract
- Our offers are non-binding and subject to change.
- The acceptance of orders and verbal agreements with the buyer require our written confirmation to be effective.
- Samples are considered average patterns.
- If the buyer is deemed uncreditworthy, we may demand advance payment or withdraw from the contract.
10. Refusal of acceptance
- If the buyer refuses to accept the goods, we may set a reasonable deadline for acceptance. If the buyer has not accepted the goods within the set deadline, we are entitled to withdraw from the contract or claim damages for non-performance.
11. Call-off orders
- For orders placed on call-off, the buyer must call off the goods within the agreed timeframe. If the call-off is not made within the agreed timeframe, we are entitled to set a grace period of at least three days in writing and, after this period has expired, to dispatch the goods, hold them available with an invoice, or cancel the order accordingly.
- The other legal rights arising from the extension period remain unaffected.
12. Data storage
- In compliance with data protection regulations, we store and process personal and company-related data using electronic data processing systems.
13. Applicable law, place of performance and jurisdiction
- The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction and performance for merchants is 74889 Sinsheim, Germany.
14. Invalidity of individual clauses
- If any provision of these terms and conditions of business and delivery is or becomes invalid, the validity of the remaining provisions shall not be affected.
15. Miscellaneous
- For sales of original packages, the contents as stated on the invoice are binding. No guarantee of caliber or size is given for original goods or for casings sorted abroad.
- For sorted intestines, the specified measurement is taken in a softened state under tension.
- The quantity designation "approximately" or "about" refers to delivery with a quantity tolerance of up to 10%.