General terms and conditions of business

General terms and conditions of Delger Plant Trading GmbH, Apen

I. General

  1. The following conditions are part of all purchase contracts, including all offers, with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). They are deemed to be acknowledged at the latest when the order is placed or the delivery is accepted.
  2. Deviating agreements are only effective if they are confirmed by us in writing.
  3. Accepted offers become binding upon our order confirmation or execution.
  4. If the buyer does not immediately object after receipt of the order confirmation, the order is deemed to be subject to the conditions of Order confirmation issued.
  5. We expressly contradict purchasing or order conditions or other general terms and conditions that are our general terms and conditions Terms and conditions conflict.

II. Prices and payment terms

  1. All prices are ex-point of sale excluding packaging, transport and tolls in euros plus VAT. When our product range and price list is published again, the old prices no longer apply.
  2. Foreign means of payment, unless the invoice is issued in this currency, will be accepted at the Deutsche Bundesbank on the day of The official asking rate of the respective currency quoted on the invoice is converted into euros.
  3. We are entitled to require the provision of the contractual service from the advance payment of the agreed remuneration or an equivalent Dependent on the provision of security if the purchaser's financial circumstances deteriorate significantly. After setting a reasonable grace period, if the customer fails to take action, we are entitled to withdraw from the contract and claim damages make. We can carry out orders against cash on delivery. For delivery on account, the payment term is 30 days from the invoice date. If payment is made within 10 days of receipt of the invoice, we will grant it 2% discount on the net invoice amount if the buyer has fully fulfilled all payment obligations from previous deliveries.
  4. The assertion of a right of retention/right to refuse performance by the purchaser is excluded. This also applies to offsets against our claims with counterclaims from the customer, unless the claim made for offsetting is undisputed or legally binding noted.
  5. Checks and bills of exchange will only be accepted as payment and subject to redemption. Any resulting expenses and costs will be borne by you of the purchaser.

In the event of late payment, an additional 8% interest per annum above the applicable base interest rate will be charged from the time of default.

III. Shipping and packaging

  1. Shipping is carried out at the buyer's expense and risk. If the shipment is delayed due to a circumstance for which the purchaser is responsible, this is fine Risk passes to the purchaser from the day we are ready for dispatch.
  2. Disposable packaging is charged at cost price unless expressly agreed otherwise. Reusable packaging (e.g. mesh boxes, Nursery pallets, etc.) remain our property and must be returned at the purchaser's expense. Transport costs, cartage, tolls, insurance contributions, etc. are to be borne additionally by the customer, unless expressly agreed otherwise. One However, transport insurance will only be taken out at the express request of the purchaser.
  3. Delivery by truck can only be made via freely accessible roads.

IV. Delivery obligations

  1. In the event of weather disasters such as: B. drought, frost or hail or other unforeseen circumstances beyond our control such as: B. epidemics, strikes, Lockouts, operational disruptions of any kind, war, war-like events, currency changes or official intervention, the period is extended Delivery period for the duration of the disability. If delivery is impossible due to the circumstances mentioned, we will be released from our obligation to deliver. In this case, the purchaser cannot assert claims for damages.
  2. Fixed delivery dates are only binding for us if confirmed in writing.
  3. Partial deliveries are expressly reserved.

V. Dimensions and patterns

  1. All dimensions are approximate. Deviations in the order of 10% upwards or downwards are permitted.

Samples only show the average condition. Not all plants have to turn out like the sample.

VI. Retention of title

  1. The delivered goods remain until all claims arising from the business relationship have been fulfilled including additional claims owned by us. The retention of title also remains in effect if individual claims from us become ongoing The invoice is recorded and the balance is drawn and recognized.
  2. Until we revoke our consent, the customer is entitled to resell the reserved goods as part of the ordinary course of business. Here is the to disclose existing retention of title to the third-party purchaser and, upon request, to provide us with the name and address of the third-party purchaser.
  3. The purchaser is not authorized to make any other disposals over the reserved goods (in particular pledging, transfer of title as security). In the case of seizures in the We must be notified immediately of reserved goods, stating the name and address of the seizure creditor.
  4. The claims to which the customer is entitled from the resale, including all ancillary rights and including any balance claims, are transferred to the customer The purchaser hereby sends it to us. We have accepted the assignment. The customer is authorized to retain the assigned claims until we revoke them, but at the latest until the customer defaults on payment. As of the occurrence of default in payment, we are hereby authorized by the purchaser irrevocably authorized to inform the third party purchaser of the assignment and to collect the claim itself. All necessary for this The purchaser must provide us with information and receipts immediately.
  5. If the value of the securities we hold exceeds our total claims against the customer by more than 20%, we are at the request of the The purchaser or a third party affected by the over-collateralization to release or return securities to the extent chosen by the claimant committed to the overhang.

Our ownership of the reserved goods is not lost if the customer keeps the delivered plants on his or her property until they are resold logging or planting on someone else's property. The reserved goods must be stored, packed or planted separately from other plants, and in this way to mark it so that it remains recognizable as coming from us. The purchaser is obliged to treat the reserved goods with care free of charge. For this This includes, in particular, professional storage, planting, fertilization and irrigation.

VII. Liability for material defects

  1. There is no guarantee for the growth of plants. If the purchaser expressly requests a growth guarantee, this can be done a separate amount will be charged. A guaranteed growth guarantee extends for a maximum of 1 year from delivery and is valid provided that the purchaser treats the plants professionally. This particularly includes the correct planting depth, fertilization and irrigation. cases higher Violence, in particular drought, frost, pest infestation, etc. are not covered by the guarantee.
  2. We only guarantee the authenticity of the plants or offspring if this has been expressly agreed in writing. In this case The warranty period is 1 year from the day of delivery.
  3. The plants delivered must be examined by the purchaser upon delivery. Any defects identified should be reported immediately, but at the latest within 24 hours after knowledge, to complain in writing. Defects that only become apparent later must also be reported within 24 hours of becoming known, but at the latest after expiry 1 year after delivery, a complaint must be made in writing.
  4. We are entitled to make a replacement delivery in the event of a defect. In the event of failure, the purchaser is entitled to a reduction or resignation. Claims for damages amount to a maximum of the simple net invoice value.
  5. Further claims, regardless of the legal basis, are excluded unless claims for damages are based on a violation of the Life, body or health due to an intentional/negligent breach of duty by the seller or his vicarious agent. Likewise not Claims for damages based on an intentional or grossly negligent breach of duty by the seller or his vicarious agent are excluded based.

VIII. Place of performance and place of jurisdiction

  1. Place of performance and place of jurisdiction is the registered office of the seller.
  2. German law applies.