AGB

Terms and Conditions

 

General Terms and Conditions For

YAYLA-Türk Lebensmittelvertrieb GmbH

 

1. Scope

The following stipulations are solely applicable to all present and future agreements made for our goods and services. Stipulations put forth by our contractual partners are only valid after they have received express approval from our managing director.

 

2. Offer, Conclusion of agreement

Our offers are generally non-binding. All contracts come into effect with the entry of our written order confirmation, and upon delivery of the goods at the latest. Side agreements are only binding after we have given them written confirmation.

 

3. Prices

In as far as no further express agreements have been made, our prices are valid from place of dispatch and include standard trade packaging in addition to the required VAT. Customs duties and other export fees shall be billed to the buyer for deliveries outside of German territory.

Payment shall be paid in net upon receipt of invoice, should no other form of payment be agreed upon in writing.

 

4. Delivery

We reserve the right to make partial deliveries. Should delivery on demand be negotiated, then the contractual partner shall make the demand within an appropriate period of time.

Delays in delivery through no fault of our own allow us to delay delivery for the duration of the whatever has caused the delay or to withdraw from the agreement.

 

5. Rights with faulty wares

Noticeable faults and faulty alterations need to be reported with 24 hours of receipt of goods. Claims made orally or over the telephone definitely require written confirmation.

Should officials take samples, it is absolutely necessary to demand a cross check and have it sent to us in the officially sealed form for defense or referee purposes.

When the customer files a justified and timely complaint we reserve the right to choose between improvement or replacement of the goods against return.

The buyer waives the right to any further claims for damages unless the fault is the result of intentional or grossly negligent behavior on our part.

 

6. Offsets and retentions

The customer is only allowed to exercise offsets or retentions with disputed or legally binding claims.

 

7. Reservation of property rights

All goods are delivered with a reservation of property rights. Ownership of the delivered goods is only to be transferred to the buyer after all claims arising from our business relationship have been paid off.

Should the buyer sell the goods before payment, then the compensation from the sale of the goods shall automatically be transferred to us.

 

8. Applicable law / Jurisdiction

This contract and all legal relationships between the parties are subject solely to the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods (CISG) is waived.

The place of performance and jurisdiction for all mutual obligations is Krefeld, Germany.

 

Last update: 22th June 2009