§ 1 Scope

(1) These General Terms and Conditions apply exclusively and only to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognize terms and conditions of the customer that conflict with or deviate from our terms and conditions if we expressly agree to their validity in writing.

(2) These terms and conditions shall also apply to all future transactions with the customer, insofar as they are legal transactions of a related nature.

§ 2 Prices

Our prices depend on the prices of raw materials on the world market as well as the respective freight rates or the prices for packaging materials. Our prices are therefore subject to change without notice. If the world market raw material prices, the freight tariffs or the prices for packaging materials change, we may adjust the prices accordingly, even if this means deviating from our current price list. Our prices are net prices. They are subject to value added tax at the applicable rate.

§ 3 Delivery

If the goods are dispatched to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the factory. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
We deliver free domicile or to the German border if the total value of a consignment, excluding VAT, is € 200.00.
Consignments with a lower total value are sent carriage forward.

Express shipments are carried out at the express request of the customer. In this case, the difference between the freight and express freight rate will be charged.

VAT is payable on the freight rate charged.

We do not carry out orders under € 100.00.

§ 4 Reservation of right of withdrawal

If a required raw material cannot be procured on the world market or can only be procured at disproportionate expense, we may withdraw from the contract with regard to the goods that cannot then be delivered. The contract shall remain in force with regard to the goods that can be delivered. In the event of non-deliverability, we shall inform the customer immediately and reimburse any payments made for the undeliverable goods.

§ 5 Warranty and notification of defects and withdrawal/manufacturer recourse

(1) Warranty rights of the customer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
(2) If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent performance within a reasonable period of time.
(3) Claims for defects shall not exist in the event of insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability and in the event of damage caused after the transfer of risk as a result of incorrect or negligent handling, in particular incorrect storage and non-compliance with the applicable hygiene regulations.
and non-compliance with the applicable hygiene regulations.
(4) Claims for defects shall become time-barred after twelve months at the latest. If the goods have a shorter shelf life than twelve months due to their natural characteristics, claims for defects shall become time-barred at the latest upon expiry of the expiration date. If the Buyer does not store or process the goods in accordance with the applicable hygiene regulations, we shall not be liable for any damage.
(5) If the Buyer exports products from our German list to countries whose food laws and regulations differ from those of the Federal Republic of Germany, we shall not be liable for compliance with these laws and regulations.
(6) Claims of the Buyer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be
costs are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the customer's branch office, unless the transfer corresponds to their intended use.
(7) The customer shall only have a right of recourse against us to the extent that the customer has not made any agreements with his customer that go beyond the statutory mandatory claims for defects. Paragraph (6) also applies to the scope of the customer's right of recourse against the supplier.

§ 6 Payments

Unless otherwise agreed, the purchase price is to be paid as follows: . Order value from €100.00, payment 14 days net, without any deduction. Order value from €500.00, payment 8 days with 3% discount, 30 days net Discountable is always the final invoice amount including VAT.

In exceptional cases, a "cash discount deduction directly from the invoice" can be agreed with the customer to simplify accounting with regard to the subsequent correction of the goods revenue by means of cash discount amounts and thus to directly determine the corrected VAT amount. This is only possible if the customer expressly undertakes to pay our invoice within 8 days.

§ 7 Offsetting and rights of retention

The Purchaser shall only have the right to offset if its counterclaims have been legally established or are undisputed. The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

§ 8 Retention of title

(1) We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to demand the return of the goods if the customer acts in breach of contract.
(2) The customer is obliged to treat the goods with care as long as ownership has not yet been transferred to him.
(3) The treatment and processing or transformation of the goods by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the transformed object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our goods to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the resulting sole ownership or co-ownership for us.

§ 9 Miscellaneous

(1) This contract and the entire legal relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract. There are no verbal collateral agreements.
(4) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.