General Terms and Conditions
Are ex warehouse GASTROBACK Hollenstedt. Value added tax will be charged additionally. The prices are non-binding. The same applies to specified dimensions, contents and weights.
Become legally binding upon confirmation of the order by us or upon sending the goods. Oral collateral agreements require the written form to be effective.
Agents and representatives
Orders placed by agents and representatives are only accepted upon confirmation of the order by us. The invoice shall be considered as confirmation of the order.
We are bound by specific offers made by us for a period of four weeks, unless a different period of validity is defined in the offer.
Is at the expense and risk of the customer [The transfer of risk does not pass to the customer in the case of a service provided to a non-business owner (B2C)].If seller does not receive specific dispatch instructions, seller shall choose the carrier at his reasonable discretion. For new customers we reserve the right of cash on delivery for the first delivery.
We are not liable for transportation damage. The seller is not obliged to take out insurance. Transportation damage must be reported to us no later than five days after delivery of the consignment. [Does not apply in the case of a service provided to a non-business owner (B2C)] Transfer of risk, partial deliveries and acceptance The risk of deterioration or loss shall pass to the customer as soon as the goods have been handed over to the person carrying out the transport or as soon as the goods have left the supplier's warehouse for shipment. This also applies to partial deliveries. Partial deliveries are permitted. If dispatch is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the purchaser on the day when the goods are ready for dispatch.
Are at the expense of the purchaser and are calculated together with the shipping costs. The seller is not obliged to accept return deliveries that are free of defects.
If an order reaches the real net value of EUR 400.00, the seller will deliver free of charge to the receiving station. Delivery periods shall be extended appropriately if events occur which make delivery considerably more difficult or impossible for the seller. (in particular, strike, lockout, official orders, even if they occur at the seller's suppliers); Claims for damages due to delays in delivery are excluded.
Can be delivered on special order of the purchaser and after consultation with the seller. Prices for custom-made products are agreed upon on an individual basis.
Seller warrants that the purchased item is free of defects at the time of transfer of risk. Warranty claims will become time-barred after 2 years. Seller assumes a warranty regarding durability for a period of six months from the date of delivery. A prerequisite for the warranty is that damage has not been caused by excessive strain, unsuitable or improper use, negligent or incorrect handling, violent damage or inadequate maintenance. A further prerequisite for the warranty is the exercise of the commercial duty to examine and give notice of defects and the immediate notification of a defect as soon as it becomes apparent. The seller shall provide warranty either by repair or new delivery at his discretion. The right to cancellation shall arise only if rectification of defects and/or replacement delivery has failed repeatedly. Claims for damages or compensation for futile expenditure are expressly excluded. The purchaser is obliged to return the goods complained about as defective at his own expense and risk to the seller.
Reservation of title
The delivered goods remain the property of the supplier until receipt of all payments arising from the business relationship with the customer. Reservation of title also extends to the acknowledged balance, as far as claims against the customer are booked in current account (current account reservation). The customer is entitled to sell the reserved goods in the ordinary course of business as long as he is not in arrears of payment with the supplier. In the event of third-party attachment of the reserved goods, the customer shall point out the supplier's ownership and inform the supplier immediately. If the customer is in arrears with payment, the supplier or a person authorised in writing is permitted to enter the customer's storage facilities at any time and collect the goods that are subject to the reservation of title. Exercising the right of ownership, in particular, by taking back the reserved goods, does not constitute a withdrawal from the contract. The supplier undertakes to release the rights of ownership to which he is entitled at his own discretion at the request of the customer if the value of these rights exceeds the claims to be secured by more than 20%.
Terms of payment
Seller's invoices are payable 30 days after the date of invoice without deduction. Default will occur without requiring a reminder upon expiry of the payment term. In the case of payments by cheque, fulfilment only occurs when the amount is credited to the account of the seller. Cheque payments from abroad are not accepted.
In the event of default, the seller shall be entitled to charge interest at the usual bank debit interest rate for outstanding overdrafts in addition to asserting further damages.
The purchaser is only entitled to offset, withhold or reduce payments if counterclaims have been recognised by declaratory judgement or are undisputed.
Place of performance
For deliveries and payments is Hollenstedt.
Place of jurisdiction
for all disputes arising directly or indirectly from the contractual relationship is the Tostedt Local Court or the Stade District Court.
The general terms and conditions of Gastroback GmbH, Gewerbestr. 20, 21279 Hollenstedt are printed in the catalogue documents and are acknowledged through the placing of the order by the customer. Terms and conditions of the customer in order documents will only become part of the contract after express confirmation.