General terms and conditions
Version: May 2018
This is a translation for information purposes. Only the German Allgemeine Geschäftsbedingungen are legally binding.
I. General
- Our deliveries and services are provided exclusively on the basis of these General Terms and Conditions. The buyer’s purchasing conditions are expressly rejected; they shall not become part of the contract even if we do not object to them in individual cases.
- Deviating agreements, side agreements and amendments only become binding upon our written confirmation.
II. Offers, first orders, orders
- Our offers are subject to change with regard to price, quantity, delivery time and availability.
- A contract is only concluded upon our written order confirmation.
- First orders are delivered against advance payment only.
III. Quality characteristics, packaging, natural substances
- Information on weight, content and dimensions applies within the legally permitted tolerances.
- Natural products are subject to natural variation; deviations in colour and composition do not constitute a defect provided the agreed specifications are met.
- Certificates of analysis and safety data sheets are available free of charge on request.
- Final cleaning and incoming inspection of packaging are the responsibility of the buyer.
IV. Complaints
- Defects must be notified to us in writing within a preclusion period of 14 days of receipt of the goods.
- Claims for damages are excluded unless they are based on intent or gross negligence or on injury to life, body or health.
- Towards entrepreneurs, we are only liable for foreseeable damage typical of the contract.
V. Delivery obligations
- Force majeure as well as strikes and lockouts extend the delivery period appropriately or entitle us to withdraw from the contract.
- If the buyer defaults on payment, we may demand advance payment for further deliveries. In this case payment is due on delivery, even if a payment term was agreed.
VI. Business and delivery hours
- Our company holidays are in the last week of the year and the first week of the new year.
- Deliveries are accepted Monday to Thursday from 8:00 a.m. to 4:00 p.m. and Friday from 8:00 a.m. to 1:00 p.m., otherwise by arrangement.
VII. Obligation to accept
- The buyer is obliged to accept the purchased goods without delay; minor defects do not entitle the buyer to refuse acceptance.
- Partial deliveries to a reasonable extent are permitted.
VIII. Transport risk
- Goods are shipped in accordance with the agreed delivery terms (free domicile or ex works).
IX. Terms of payment
- Invoices are payable without deduction within the stated payment term.
- As a rule, we send invoices in paper form. Electronic invoices are sent by agreement to an e-mail address approved for this purpose.
X. Creditors
- The rules on invoice form under section IX apply accordingly to invoices addressed to us. Otherwise, the statutory provisions apply, in particular Section 641 of the German Civil Code (BGB).
XI. Retention of title
- The goods delivered remain our property until paid in full.
XII. Place of performance and jurisdiction
- The place of performance and jurisdiction is Kiel, Germany.
XIII. Limitation
- Claims of an entrepreneur against us become time-barred one year after the statutory start of the limitation period, unless mandatory statutory provisions provide otherwise.
