Rudolph Debbler SCHWEDE Fleisch GmbH & Co. KG
Peter Street 24 – 26
D-49134 Wallenhorst
Phone: +49 (0) 5407 – 830 00
E-mail: info@schwede.com
1. general
1. All contracts concluded with us are subject to the following terms and conditions. They are a legally binding part of the contract for all our business transactions and are recognized as binding by the buyer when the order is placed. We do not recognize deviating terms and conditions, collateral agreements and amendments and require our express written confirmation in any case to be effective.
2. the confirmation of sale conclusively regulates the legal relationship between us and the seller. Verbal collateral agreements and subsequent amendments shall only be binding if they are confirmed by us in a written addendum to the sales confirmation.
Objections to the content of the sales confirmation must be made in writing and received by us no later than the end of the next working day after receipt of the sales confirmation. After this point in time, the sales confirmation is finally legally valid.
3. our terms and conditions of sale and delivery only apply to companies within the meaning of § 14 BGB (German Civil Code).
4. should individual parts of the terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions of sale and delivery. Instead, the invalid condition shall be replaced by a condition that comes closest to the economically intended purpose of the contract and whose agreement is legally permissible.
II. place of performance, place of jurisdiction, applicable law, contract language
1. The place of performance for both parties with regard to all obligations is Wallenhorst.
2. the exclusive place of jurisdiction for all present and future claims arising from business relations with merchants and legal entities under private and public law shall be Osnabrück, Federal Republic of Germany. We are also entitled to sue the buyer at other permissible places of jurisdiction.
3. the law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. the authoritative contractual language is German.
III. delivery, delay in delivery and acceptance
1. Delivery shall be made from our cold store at the scheduled loading time, excluding slaughterhouse compensation levy and other ancillary charges. The delivery times stated by us are non-binding unless they are expressly designated as binding. They are subject to the resolutory condition of correct and timely delivery to us. The agreement of “prompt” delivery obliges us to deliver within 14 days after conclusion of the transaction; in the case of a foreign or overseas transaction, this shall be understood to mean loading or shipment in the country of origin within 21 days. Compliance with the delivery period presupposes the fulfillment of the buyer’s contractual obligations. If a binding delivery time promised by us is exceeded, the buyer must set us a reasonable grace period of at least seven days in writing. After fruitless expiry of this grace period, the buyer shall only be entitled to claims for damages if the delay is due to intent or gross negligence. Circumstances that make the delivery of the ordered or sold goods impossible or excessively difficult, as well as all cases of force majeure, official measures, operational disruptions and the like, even if they are attributable to our suppliers, shall release us from the obligation to deliver for the duration of the hindrance or its after-effects.
2. we are entitled to make partial deliveries to a reasonable extent.
3. in the event of official inspections of the goods delivered by us, we must always be enabled to carry out a cross-check by appointing a counter-expert or leaving original samples.
VII Retention of title
1 . We reserve title to the goods delivered by us until the purchase price has been paid in full. This shall also apply if individual or all of our claims have been included in a current invoice and the balance has been struck and recognized. If the buyer is a legal entity under public law or a merchant for whom the contract is part of the operation of his commercial business, the retention of title shall also expressly apply to the claims that we have against the buyer from our ongoing business relationships, including all ancillary claims (in the case of payment by check or bill of exchange until the check or bill of exchange is cashed). The buyer must handle and store the reserved goods properly and insure them unless they are intended for immediate use; if he breaches this duty of care, he shall be liable for the resulting damage.
Rudolph Debbeler SCHWEDE Fleisch GmbH & Co. KG
Penter Straße 24 – 26
D-49134 Wallenhorst
Telephone: +49 (0) 5407 – 830 00
Email: info@schwede.com