Terms of del.& sales
| Terms of delivery and sales 1. Price/terms of payment All prices apply in euro and purely net starting from enterprise and/or. starting from its branch, excluding packing additional Value added tax in the respective legal height. With (quantities forest will)Pflanzen starting from 500 pieces with the thousand-RPR ice, quantities under 500 pieces for each tree species, origin, age group and assortment with the hundred hundred computed. With Kleinstmengen under 50 pieces surcharge amounts to 100%. If not differently agrees, transmissions to euro 200, by cash on delivery go. With orders under a commodity value of 50, - euro, which is not fetched and is not bar paid, but by the Federal Railroads or post office to be dispatched, becomes a handling charge of 5, - euro computes. A discount deduction is permissible only according to previous written agreement of the pure invoice amount. With delay of payment of the buyer the salesman is entitled, as Damage caused by default, without further proof, interest at a value of two per cent over the respective rate of discount of the Germans Federal Bank and/or European central bank (Frankfurt) on that to compute backward amount. Large claims for damages remain reserving expressly. 2. Packing The wrapping material is computed at the cost price and not taken back. 3. Dispatch The dispatch, inclusively. Delivery, happens on calculation and danger of the orderer. Means of transport (course, truck) are left for lack of special agreement of the choice of the salesman, without that the salesman thereby a responsibility taking over partial deliveries remains reserving. If Frankolieferung is agreed upon, this understands itself freely an unloading point. This applies also to collecting supplies of transmissions, which are intended for several customers. 4. Quality For evaluation of the plants the yardsticks are to be used, which are fixed in the BdB decided guidelines of the valid in each case version, if nothing different one is agreed upon. Bundling and assortment that Forest-plant-taken place according to the regulations decided by the BdB the production and quality rules. During bundling and assortment deviations are upward and down regarding the number of the plants in the federation and the size of the plants permissible, as far as these deviations for the buyer are not unreasonable. Samples show always only the average condition. The plants of the supply do not have to correspond therefore in its entirety to the sample. 5. Guarantee Plant material in the agreed upon and/or in the offer is supplied described quality. Variations in quality are permissible just like deviations regarding kind and sort, as far as they are reasonable after the contract purpose the buyer. If the supply for the use planned by the buyer is not in follows a quality -, kind or sort deviation suitably, then the salesman has to in-be entitled for this only if he knew from the intended use. The buyer is obligated, the supplied commodity immediate after to examine the distribution. Any lack determined thereby must be communicated and reprimanded to the salesman under indication of the details within a set period of exclusion from 48 hours to arrival at the place of destination by telegraph. The telegraphic notice of defect is to be confirmed within 24 hours in writing and described. The notices of defect not raised correctly in accordance with the aforementioned paragraphs late or are not considered. In this case the commodity applies as authorized. With justified lack it is open the salesman to supply for the unsatisfactory commodity replacement. If the spare supply failed, then the buyer between more appropriate can Reduction of the price and back completion of the contract select. Only if one part of the supplied commodity is unsatisfactory, then the managing option of the buyer refers only up the lack-afflicted part of the contract. |
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| 6. Adhesion of the salesman The adhesion of the salesman for lack damages and for escaped profit of the buyer as well as any large claims for damages of the buyer are impossible, much on which argument it be based may, it is, the salesman or its executing aide resolution or rough negligence to the load or the damage falls is based on the absence of a assured characteristic. In particular the salesman is not responsible for damage, whose entrance for him was not foreseeable. 7. Retention of title The supplied plants remain property of the supplier up to the full fulfilment of the requirements for purchase price - during purchase price payment by changes or cheque, up to their redemption. The reserved property of the supplier is not lost through the fact that the orderer hits or implants the supplied plants temporarily on his or strange property. In the case of mixture of the supplied products with other homogeneous products the salesman acquires co-ownership at the mixed products for the duration of the retention of title. In the case the assignment of the demand of the buyer with the distribution of the delivery order applies for the far sale of the mixed products as agreed upon. Far sale, verpfaendung or transfer by way of security before fulfilment of the supplier are inadmissible. 8. Lieferpflicht This price list represents a noncommittal, not-binding offer. The terms of delivery and sales are considered as of Buyer expressly approves, if he does not raise an objection against it. 9. Place of delivery and area of jurisdiction Place of delivery and exclusive area of jurisdiction for all disputes, which develop from the supply of plants, are Pinneberg, as far as differently one did not agree upon expressly in writing. This applies also to change and cheque complaints. 10. Arbitral tribunal With technical disputes (e.g. plant quality, packing, late supply) decides a neutral expert finally: Disputes of legal kind (e.g. price agreements, payments etc..) the tidy court decides. 11. With requisitioning the terms of delivery apply as recognized They apply, even if the customer communicated us its own, from our deviating terms of payment and purchase. Deviating agreements require our express written confirmation. |
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