General Terms and Conditions of Sale of Fresh Nuts GmbH, Hamburg/Bad Oldesloe-Germany
- First place of performance and jurisdiction for both parties is Hamburg – German law applies. The CISG is excluded. Incoterms in their latest version shall apply accordingly. Terms and conditions of the buyer or a broker or an agent, as well as ancillary to the contract and amendments to the contract will be effective only if we agree in writing.
- A contract with the customer shall be concluded if the offer was either confirmed in writing by us or executed within 14 days of receipt of the order. The content of the contract is in doubt based on our order confirmation or our delivery note.
- Unless otherwise agreed, we deliver prompt and duty paid, free ex warehouse Hamburg. Partial deliveries are permitted. Shipments will be effected generally at the expense and risk of the customer. This also applies to the discontinued or initiated by us from customer returns. Transport insurance shall only enter on special written instruction and on behalf and expense of clients if Fresh Nuts GmbH will be asked for. Prices of the products shall be ex works, exclusive of any statutory VAT and without disposal costs for packaging , except as otherwise required by law.
- In case of missing or damaged products on receipt/delivery at customers side, the transport company shall confirm the foregoing immediately in writing at delivery and seller shall be informed without any delay. In case of any rightful claim of defect, the seller shall take the products back and provide a credit note or will make a substitute delivery. Any further liability not expressly provided hereunder shall be disclaimed.
- Our invoices are payable immediately without deduction. If payment willnot be received within 14 days after issuance date (remitted to Fresh Nuts GmbH banking account) the purchaser will be in default without any reminder. From the due date of payment interest will be charged on the purchase price of 8% above therespective base interest rate per annum.
- Delivery of the goods is made under retention of title according to § 455 BGB with the following extensions:
a) We retain title of the goods until receipt of all payments in full, also for outstanding accounts in future.
b) The transfer of ownership of the goods to the buyer in accordance with § 950 BGB in case they are processed into a new product, also with other goods not belonging to us, is excluded. A handling or processing and resale of the products is considered in our behalf (we will become co-owner), but without any liabilities for seller. Receivables from the resale are herewith already assigned to us. At our request, the purchaser must notify us of the debtors and notify them of the assignment.
c) A collateral assignment or pledge of our goods is not permitted to the buyer. If there is any third party to take our goods in any way customer has to inform us immediately.
- In addition, Hamburger friendly arbitrage and arbitration applies on the basis of the conditions of the ‘Waren-Verein der Hamburger Börse e.V’, latest edition.
- IThe purchaser agrees to the storage of data for operational purposes in the context of mutual business relationships.
- If any provisions of this agreement are or become invalid or void, then the validity of the remaining provisions shall not be affected. An invalid or void provision shall be replaced by mutual agreement, a provision that most closely matches the original intention of the parties economically closest.