For all supplies and achievements, also such from future conclusion of a deal, are determining excluding the following conditions.
Conditions of the buyer are not considered expressly as agreed upon. The salesman does not need to contradict the conditions of the buyer therefore also separately.
So far if different conditions applied, then these trading conditions step in their place with effect of the reduction of the first goods delivery after publication of these trading conditions. One contradicts to purchasing conditions of the buyer hereby expressly. They are considered as recognized only if they are recognized in writing by the salesman.
The offers of the salesman are not-binding regarding supply, delivery time and price. Orders are considered as of the salesman accepted, if they are confirmed in writing within 14 days after incoming orders by the salesman. As written confirmation both the transmittal of the delivery note and the calculation is considered. Orders by the salesman within 14 days after incoming orders to be confirmed, are not considered expressly as not accepted.
The salesman reserves himself price adjustments, if the dispatch takes place more than 2 months after placing of order. With constant sources of supply between salesmen and buyers the valid prices are computed on the dispatch day by the salesman. Price complaints are immediately to make at the latest 8 days in writing valid after account creation. The supply takes place on danger of the buyer freight-free. The salesman reserves himself to do without subsequent deliveries of small quantities if these are not dispatch-free on the dispatch day and if differently reading confirmation is not given. There is also partial deliveries permissible. The output weight determined in the work of the salesman is determining. It is determined under control.
During transport developing usual decreases in weight go debited to the buyer. Over it going out deficiencies in weight must immediately with assumption of the commodity telephonic or valid by teleprint be made and are on the waybill to specify and acknowledge the delivery note or the calculation when delivery. A late supply, which is not to be represented from the salesman to, entitled more denKäufer to withdraw from the contract does not give it also no requirement on payment of damages for any reason the salesman opposite.
Events of higher force, furthermore traffic or operational disturbances as well as KFZ and fuelemptyness free the salesman from the supply obligation during the duration of the disturbance and entitle the salesman from the contract to withdraw. For the treatment of Sausages the salesman refers to that freshness, to unpack smoked and salted goods immediately after receipt continuous sausage in airy areas free-hanging and not in refrigerators or cooler to keep it. Cook- and Brühsausages are to be kept under 7° C to store and protect against wetness canned goods coolly. For the durability the salesman up to the durability date imprinted in each case is responsible to vacuum-packed commodity. If such a date is not imprinted, then the salesman clings up to one month after supply. If a lack of the aforementioned commodity arises, then this must immediately be made valid after statement of the lack, at the latest at the 3. days at expiration of the grant period.
All remaining lack must be indicated to the commodity in writing within 3 days after delivery. If a notice of defect was raised in time and duly, then the buyer has to give opportunity to the salesman for the examination of the authorization of the notice of defect to hold and upon the requests of the salesman own danger send complained of commodity back at disposal of the salesman. In case of the impossibility of the return the collecting main of a medical certificate above ground and range of the lack is necessary. With official samplings a counter proof is to be demanded, and these officially seals to the salesman to send. If a notice of defect is justified, then is open the salesman in the context of its guarantee to select between subsequent delivery of a faultless commodity or reduction.
Further requirements of the buyer, in particular a requirement on replacement of damage, which did not develop at the delivery article, are so far legally permissible, impossible. After beginning of any subsequent treatment and treatment or after far dispatch notices of defect are impossible in each case. The salesman is also entitled to reject notices of defect as long as the buyer does not fulfill his obligation opposite the salesman to the contractual and legal extent. From partial return of sold goods and acceptance of the return by the salesman no right obligation can be deduced. The Punishment comes in principle for fair trading reasons.
The payment of the commodity has to take place without departure immediately after receipt of the commodity and is with payment by transfer from the buyer to be paid in such a way that the purchase price is credited to the salesman at the latest 10 days after distribution of the commodity to the buyer, unless deviating agreements were made, which were confirmed in writing by the salesman. During disregard of these times fixed for payment the buyer without further reminder comes into delay. In this case the salesman is entitled to compute interests at a value of 4% over the rate of discount of the German Federal Bank.
Large requirements of the salesman remain reserving expressly. The payment has to take place in EUR. Payments in changes are permissible only if a change ago gift were agreed upon before. Cheques and changes are only as payment accepted. Payments to representatives or employees of the salesman are effective if the same submit an authorization to collect with the receipt. The prices are net prices excluding the VAT. This always goes debited to the buyer, who must also announce her. If a buyer of its payment obligation does not follow punctually or it places itself if the demand were granted deferred or credit out that its financial conditions are not suitable to grant it credit in particular, if a valid payment title with orders of enforcement provides and is present after feed during the contract negotiation and/or within the granted date of payment against the buyer, then all existing requirements, also the deferred, immediately due, become the buyer, who Entitled to act as substitute one of the buyer and/or the managing director of the buyer (also managing director of a GmbH) is obligated to immediately set the salesman of the threatening execution against it and/or against the buyer in knowledge.
If it does not follow this announcement imprisonment for debt, then the aforementioned persons are responsible to the salesman for damage developing from it personally. If the buyer does not follow the payment demand of the salesman within further 3 days, the salesman is entitled to withdraw from the contract and/or not to shift payment of damages because of default. The salesman is entitled to up-add with his demand against those of the buyer, directly from which argument, even if the mutual demands are differently due. If necessary this authorization refers only to balance.
The restraint counterclaims of the buyer by the buyer, denied by payments or the set-off because of any by the salesman, is not permitted. If the buyer is not a buyer, then a restraint right is entitled to him to that extent, when it is based on the same contractual relation. Demands against the salesman may not be retired from the buyer. Up to the complete payment of all demands within the business relations, including all secondary claims, developing also in the future, the supplied goods remain property of the salesman. The buyer is not up to then entitled to pawn or convey to the safety device the commodity on third.
The buyer is entitled to process and sell the commodity in the context of a normal business concern. For this one agrees upon: If the commodity is worked on or with another commodity to any longer assignable portions not mixed, and is not only with the thing developed again the commodity of the salesman an insignificant component supplied under retention of title, then the buyer transfers the property of the developed thing already now to the safety device of the demands of the salesman at height of the part of the remuneration or requirement for purchase price of the buyer, who corresponds the value to the commodity plus the profit and wage portion, at the new thing in the relationship of the value of the reservation commodity to the other processing articles. The buyer is entitled to sell the reservation commodity or the commodity developed again in normal course of business. It steps hereby the demand from the far sale of the reservation commodity, or if it with other articles finished or mixed it is at height of the portion, in which the salesman acquired co-ownership at the thing, plus the profit and wage portion off that against the third demand developed on the salesman turns into, without it requires a special further agreement.
The buyer is authorized, as long as he follows his obligations to pay the salesman opposite duly, to draw in the demands for calculations of the salesman. The buyer is however obligated, on demand the garnishee - ggfl. to communicate with the acquired co-ownership portion of the new thing. The salesman is entitled to make for the garnishee of the transition report and give instructions. With samplings by those officially food monitoring can recognize the salesman only the Wurstwaren as its product, by which to it two counter proofs are sent in. A sample needs the salesman for the identification.
A compensatory tax possibly which can be paid goes debited to the buyer as an importer of the commodity. Continuous sausage is to be kept hanging. The vacuum-packed goods supplied by the salesman are with delivery to the final consumer marking requiring (regulation on outside marking of food). If by regulations of the Lands of the Federal Republic of other trade marks than in the manufacturing country Saxonia notion were specified, are this zubeachten.
The buyer has to define the commodity correctly after §4 LMG. If one of the managing regulations should be ineffective, then the effectiveness of the others is not affected of it. Place of delivery and area of jurisdiction for all mutual legal relations are Zerbst/notion.