General Terms of Delivery and Payment

EifrischGeneral Terms of Delivery and Payment
  1.  The following General Terms of Delivery and Payment are an integral part of all supply contracts concluded with us. They apply even if these have not been specifically confirmed in writing. Amendments are solely valid if we have expressly confirmed them in writing. Different conditions stemming from the buyer are also excluded if they have been confirmed to us in writing and we do not object to them.
  2. The “General Terms and Conditions for Wholesale of Eggs” published by Raiffeisenverband e.V. and European Egg Commerce (Zentralverband Eier, ZVE) in the respectively applicable version and the subsequent addenda apply to all supply contracts. The arbitration agreements contained in these terms and conditions shall not apply.
  3.  Payment: Net cash upon receipt of the goods.
  4. In the event of default, we are entitled to charge interest at the standard bank rate.
  5. Reservation of proprietary rights: All goods delivered by us remain our property—even in the case of resale—until the full payment of all our claims from the business relationship, even if claims arise after delivery or if payments are made for certain deliveries. The buyer is obliged to store the delivered goods separately from other stock until all claims from the business relationship have been paid and clearly mark them as our property. In the event of resale of the goods, the buyer shall impose the same obligation on the sub-buyer to ensure compliance with this obligation and notify us immediately in the event that this obligation is breached in any way.
    If the goods delivered by us under reservation of proprietary rights are further processed, the further processing is considered to be rendered by us. If our property is combined with other goods, we acquire co-ownership in proportion to the invoice value of the goods delivered by us and the value of the third-party goods mixed with our property.
    The buyer is not entitled to pledge our goods or transfer them with a bill of sale. We must be immediately notified in the event that our property is potentially seized by a third party.

    In the event of onward delivery or further processing of our retained property, the buyer will assign us a claim arising from the contract with the third party who receives the reserved goods. Assignation is based on the invoiced amount of our delivery. The assigned claim serves to secure our respective total claim. We are entitled to notify debtors of this assignment.

6.    The transport risk from the dispatch station shall be borne by the buyer, even in case of prepaid freight delivery.
7.    The claim period for the goods is 24 hours after delivery.
8.    We are not liable for damages in the event we are unable to meet the delivery date or delivery due to force majeure.
9.    The place of fulfilment for delivery and payment is Lohne, Germany. The court of competent jurisdiction is Vechta, Germany.