Business terms and conditions Farmer's Snack GmbH
1. Field of application
Insofar as not otherwise agreed in these business terms, we sell and deliver according to the terms of Waren- Vereins der Hamburger Börse e.V. [Goods Association of Hamburg Stock Exchange] deviating, opposing or supplementary conditions of the buyer shall not become a part of the contract.
2.1. Offers and prices are without obligation.
The order is deemed as accepted if the order is confirmed in writing.
2.2. Our weights determined at our warehouse are solely decisive for the invoicing of our invoice amounts.
3.1. All sales are made carriage forward ex quay/ or warehouse of the seller insofar as not expressly otherwise agreed.
3.2. The delivery times confirmed by us shall apply from date of the order confirmation.
3.3. Production impediments beyond our control, such as e.g. force majeure, war, strikes, interferences to operation or deliveries, transport difficulties, loss of harvest, effect a reasonable extension of the delivery periods and do not entitle the buyer to cancel the contract or to assert claims for damages.
4. Payment modalities
4.1. All invoices are payable within 14 days without deduction of cash discount. Deviating terms of payment are to be agreed separately.
4.2. We grant 2 % with agreement of direct bank debit.
5. Reservation of title
5.1. The goods shall remain our property until full payment even if they were further processed by the buyer.
5.2. The buyer is authorized to resell reserved goods in proper business transactions under reservation of title. The claims incurred from the resale against third parties shall pass to us in order to secure our claims, without this requiring a separate agreement. The buyer is authorized to collect this claim.
5.3. The buyer undertakes to properly insure the goods in our house until receipt of payment. Breaches of these duties entitle us to claim damages.
6.1. The seller shall be liable for wilful intent and negligence for damages from the injury to life, the body or the health. The same shall apply to breaches of duty by the legal representatives or vicarious agents.
6.2. With the other liability claims the seller shall only be liable for wilful intent and gross negligence. The same shall apply to breaches of duty by the legal representatives and vicarious agents.
6.3. The seller shall only be liable for slight negligence insofar as a duty is breached, the observance of which is of special significance for achieving the object of the contract (cardinal duty). The same shall apply if such a breach of duty is due to a slightly negligent conduct of the legal representatives and
6.4. The liability according to the product liability act remains unaffected.
The offsetting against other than undisputed or final and absolute claims is excluded.
8. Final provision
8.1. Hamburg is agreed as place of jurisdiction for all disputes insofar as the customer is a merchant within the meaning of the HGB [Commercial Code], legal entity under public law or special assets under public law.
8.2. Should one of these provisions be invalid this shall have no effect on the validity of the other provisions. The parties undertake to replace invalid or null and void clauses by legally valid clauses which shall as far as possible satisfy the original commercial intention.