TERMS AND CONDITIONS
for Nähr-Engel GmbH
All goods are delivered in accordance with the delivery and payment conditions as listed below. Sales conditions that differ from the conditions below shall be inapplicable. Differing verbal agreements are only applicable following our written confirmation or confirmation via e-mail.
With regard to price and deliverable quantities, our offers are subject to alteration. Written and telephone orders, or orders placed with our representatives can only be considered valid upon receipt of our written confirmation of order. Additional verbal agreements are not valid unless confirmed by us in writing.
Should the following occur between conclusion of agreement and shipping:
a) order of higher authority, we reserve the right to pass on the costs incurred;
b) In case that prices for raw material, energy and packaging material evidently change by over 10%, the contracting parties are justifiable to prevail that a reasonable price adjustment is agreed.
Delivery dates are valid subject to our order confirmation.
Goods are shipped at the recipient’s risk. Transport insurance is only issued upon express request of the buyer and at his expense. Should the goods be shipped on CHEP palettes, the byer obliged to keep palettes ready in exchange for CHEP GmbH. Should the goods be shipped using other palettes than CHEP palettes, then the recipient is obliged to provide the same number of undamaged empty palettes that must correspond in size, construction, and usage to the palettes used for shipping. In the case of exchange palettes not returned or faulty palettes, we reserve the right to charge the recipient the costs of replacement incurred to us. The seller retains the title to all of the shipped goods until payment has been made in full, even from future claims based on the business relationship and with a current account. Goods under condition of retention of title may be sold by the buyer only under conditions of prop- er business dealings, but the buyer may not pledge or transfer the rights to a third party as a precaution before covering total debts. The buyer is obliged to reserve the provisory title from his purchasers until these have paid the full sale price. Third par- ties, or executory officers must be notified of our right of property. We agree irrevo- cably with the buyer that claims arising from re-sales shall be assigned to us now as a precautionary measure. The value is determined on the basis of the proviso goods Upon our request, the buyer is obliged to provide complete information and to pro- vide us with the appropriate documents of the assigned claims. In the case of a default of payment, we reserve the right to settle the assigned claims anytime our- selves. Upon request, we are obliged to release securities owed to us as we chose, should their value exceed all claims to be secured by 20 %. Processing and remodelling of the goods by the buyer is always done for us. In the case of the goods being com- bined with objects that do not belong to us, we shall be entitled to the joint title of the new product in the value of the goods’ relation to the other processed objects at the point in time of combining. If the goods are mixed with other objects that do not belong to us, we shall be entitled to the joint title of the new product in the value of the goods’ relation to the other mixed objects. The buyer will keep the joint title for us.
The amounts stated in our invoices, in case of no other terms are agreed, are due the invoice date and are to be paid without deduction to our indicated bank account.
We are entitled to withdraw from hitherto unfulfilled sales contracts by a parol to the buyer and, should legal stipulations be applicable, to demand compensation if the buyer sternly and definitely refuses payment, or if a petition in bankruptcy is filed against the buyer, or if an out-of-court settlement is proposed. The buyer is obliged to inform us immediately of any court proceedings or other forms of access by third parties to goods whose titles are still retained by us. Should the buyer suffer a considerable degradation in his assets, our claims shall be due immediately. Any available goods under condition of retention of title must be returned to us upon request.
If punctual shipping is hindered by order of higher authority, e.g. interruption of operations, trade disputes, fire losses, etc. we are freed from our obligation to supply for the duration and to the extent of the disturbance and its sequitur, unless the hindrance is caused by our intent or gross negligence. Withdrawing from the contract or exercising compensation claims is inapplicable in the named cases. For deliveries and services based on agricultural base products we reserve the right to reductions in our supply obligations in the case of crop failures in relation to our own, decreased raw material stockage. In this case, we will immediately inform our contract partner of the change in situation in writing. Claims for compensation, redhibitory action, or contraction shall be inapplicable.
The place of performance for shipment shall be the location of the factory or warehouse for shipping, for all payments Goch.
In accordance with § 26 German Data Protection Law we are obliged to inform our clients that their personal data – insofar as it is required for our business – are stored and processed in our computers.
Should one or more regulations of these terms of sale or other additional agreements become invalid, the contract itself shall remain in force. In this case, the invalid regulation is to be replaced with another having the same or similar economic effect as the invalid regulation.
Above mentioned sales-, delivery- and payment terms are to our choice subject the legislation and court of jurisdiction of the Federal Republic of Germany or those of the state of the buyer’s.
Registered office: Goch
Register court: local court: Kleve HRB 7727
Executives: Wolfgang Topp, Anne Masteau