1.1 All agreements and offers are based on our terms and conditions of sale, delivery and payment/agreements; they are accepted by placing an order, by concluding the contract or by accepting the delivery.
1.2 Deviating conditions of the customer, which we do not expressly recognize, are non-binding for us, even if we do not expressly object to them.
1.3 Our terms and conditions also apply to subsequent transactions without the need for an express agreement.
2.1 Unless expressly agreed otherwise, our offers are subject to change.
2.2 The customer is bound to his order for two weeks from receipt. The contract is only concluded by a written confirmation of the order by us or by delivery of the goods to the customer.
2.3 We are entitled to withdraw from the contract if we do not receive the goods, including all auxiliary materials, which are necessary for the fulfilment of our obligations. We will inform the customer immediately about the unavailability of the delivery item and, in the event of withdrawal, immediately refund any consideration/payment already provided by him.
2.4 Our prices are in Euros plus VAT. We are entitled to charge the prices valid on the day of delivery, unless otherwise agreed with the customer.
3.1 Our deliveries are generally made from the place of production.
3.2 We reserve the right to deliver excess or short quantities up to a maximum of +/- 10%, insofar as this is reasonable for the customer with appropriate calculation.
3.3 We are entitled to make partial deliveries, which we invoice the customer separately.
3.4 Our delivery obligation is suspended as long as the customer is in arrears with a payment to us.
3.5 In the event of force majeure, other unforeseeable extraordinary circumstances through no fault of their own – e.g. in the event of operational disruptions, strikes, lockouts, official measures, delivery supply difficulties, delays in the delivery of essential raw materials and commodities, etc. – even if they occur at the upstream supplier, the delivery period shall be extended to a reasonable extent if we are thereby prevented from fulfilling our obligations in good time.If delivery becomes impossible due to the aforementioned circumstances, we shall be released from the delivery obligations. The same applies in the event of unreasonableness. We undertake to notify the customer immediately.
4.1 If the goods are communicated to a third party at the request of the customer, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover to the dispatch agent or other person designated to carry out the shipment, but at the latest upon leaving our production facility.
4.2 If the goods are ready for dispatch and the dispatch is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.
4.3 The above risk bearing regulations apply regardless of who has to bear the costs of dispatch according to the contract.
5.1 Unless otherwise agreed, our invoices are due immediately Special arrangements such as discounts must be made separately and require our written confirmation.
5.2 If a term of payment is not agreed, the customer shall be in default on our part 14 days after the due date. In the event of default on the part of the customer, we shall charge interest in the amount of 6 percentage points above the respective base interest rate. Default interest is due immediately.
5.3 We reserve the right to demand the issuance of a debit order before the first delivery of the goods.
5.4 If the customer is in default with the acceptance of the goods, we may demand compensation for non-performance after setting a reasonable deadline in the event of the inconclusive expiry of the grace period.
5.5 If the customer is in default of payment with the fulfillment of a claim, all other claims against the customer may become due.
5.6 The customer shall bear all fees, costs and expenses incurred in connection with any legally successful legal action against him.
6.1 The delivered goods shall remain our property until all claims to which we are entitled vis-à-vis the customer from the business relationship, including interest and costs, have been fully fulfilled.
7.1 The customer is responsible for their proper storage from the time the goods are taken over. A storage temperature of +7° C must not be exceeded.
8.1 Deviation of the weight of the goods from our grammage specifications as a result of natural shrinkage not due to a defect of the product do not constitute n Mangel.
8.2 We reserve the right to make recipe changes at any time, provided that the product status does not change or does not change significantly as a result.
8.3 The customer is obliged to inspect the goods immediately upon delivery. Obvious defects must be reported immediately within 24 hours. Thereafter, the goods shall be deemed to have been approved.
8.4 Differences concerning the number of pieces or the varieties of sales units belonging to a delivery can only be recognised if they are detected and reported immediately upon receipt of the goods .
9.1 In cases of intent or gross negligence as well as the culpable breach of essential contractual obligations, we shall be liable in accordance with the statutory provisions, insofar as there are no restrictions arising from these General Terms and Conditions.
10.1 Place of performance for all obligations arising from the contractual relationship is Munich
10.2 Munich is agreed as the place of jurisdiction. Should one or more of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.