Sales and delivery terms and conditions
All sales, deliveries and additional services (in the future too) are concluded and carried out based of the currently valid version of the “Waren-Verein der Hamburger Börse e.V.” (WVB) General Terms and Conditions, providing no special or different arrangements have been made. These General Terms and Conditions are published on the web at www.waren-verein.de. Any buyer or broker or agent General Terms and Conditions that differ from our General Terms and Conditions, as well as any additional agreements on the contractual content and its amendment require our written confirmation to be effective.
We basically supply healthy and commercial goods that comply with the food law provisions for the Federal Republic of Germany and European Union, the labelling regulation and the Weights and Measures Act in the currently valid version.
Shortages and/or damages are only recognised by us on presentation of a consignment note acknowledged by a forwarding agent with appropriate note.
4. Delivery date
This information is always approximate and subject to any possible EU or government measures (in the country of supply too) as well as the right delivery on time by our suppliers. Possible increases in public and other duties (customs, levies, contributions for DSD, etc.) and rises in freight tariffs up until delivery are at the buyer’s expense.
5. Subject to own receipt of delivery
We reserve the right to correct and punctual delivery by our suppliers at all times. The regulations in Art. 29 of the WVB specifically apply.
Provided it is not a documentary business, the following is agreed:
Immediate payment without any deductions upon receipt of the goods and invoice. If a contractual partner should prove to no longer be creditworthy once the contract is concluded, particularly with regard to bill of exchange or cheque protests, returned direct debits and similar, we are entitled to insist on security or only deliver against advance payment; any possible granting of terms of payment cannot be revoked by us in such cases. Interest is added to the purchase price from the due date in the event of late payment at our bank’s borrowing rate, which we will provide evidence of on request, and at the statutory default interest rate at least in the event of default.
7. The buyer’s rights with goods not in conformity with the contract
In the event of the delivered goods being in breach of contract, the buyer’s rights are set out in Art. 19 of the WVB. The limitation period stipulated in paragraph (11) of this regulation is 12 months.
8. Retention of title
We reserve the right to ownership of the goods we delivered and any products resulting from their processing until payment of all our outstanding claims and settlement of any balance in our favour on a running account, and even if the goods are processed (Art. 947, 948, 950, 951 BGB – German Civil Code). The buyer may only sell the supplied goods and any objects resulting from their processing on in proper business transactions. By concluding a purchase agreement the buyer assigns claims that they are entitled to from resale or any other legal reason to us for our security. The buyer is entitled to continue demanding payment for such claims for as long as they continue to meet their payment obligation to us in accordance with the contract. Where the total of the claims assigned exceeds the nominal value of the claim to be secured by more than 20% then we shall select claims totalling the amount of the excess and reassign them to the buyer. Otherwise, the regulations in Art. 28 WVB apply.
9. Force majeure
We have the right to choose to withdraw from contracts or move the unloading or delivery time by the duration of the hindrance if we are prevented from fulfilling our unloading or delivery obligations due to an unforeseeable, unavoidable event (force majeure) for which we are not responsible and which occurs after the contract is concluded.
10. Transport risk
The buyer bears the transport risk for the delivery even if free delivery to the buyer’s warehouse, or similar is agreed; the same also applies to the dispatch of loading documents and other certificates, in particular if their arrival is delayed. In the event of documents being lost during transport we are not obliged to provide a replacement.
11. Place of fulfilment, jurisdiction, evidence
The place of fulfilment is Munich.
It shall be our choice whether disputes are decided by the “Waren-Verein der Hamburger Börse e.V.” arbitration or the ordinary courts in Munich. If the buyer intends to conduct proceedings before the arbitration mentioned or the ordinary courts in Munich, they must notify us of this and summon us to exercise our right of choice within a week of receiving notification. If we have not declared this by the deadline, the right of choice passes over to the buyer. This decision must be made immediately and we must be notified. In the event of dispute as to the characteristics of a product or sample, evidence can only be provided by means of an expert report drawn up in accordance with the “Waren-Verein der Hamburger Börse e.V.” Rules of Procedure for Experts.
PAUL M. MÜLLER GMBH