Table of Contents
3. terms of payment
4. retention of title
5. order and delivery
6. empties and pallets
7. warranty liability
8. Fulfillment and jurisdiction
Our terms of delivery and payment apply exclusively to all offers, sales and deliveries; we do not recognize any terms of purchase that conflict with or deviate from our terms of delivery and payment. With the placing of the order, our terms of delivery and payment are accepted.
Our offers are non-binding and subject to change with regard to delivery and price. purchase price is
the list price valid on the day of delivery; the order or
sales-related surcharges or deductions in credit.
The price recommendation given by us in the order record, on invoices and order lists (including
VAT) is non-binding. We expressly emphasize that this is only a calculation aid based on the experience of our customers; they must be individually adapted to the local competitive and cost situation.
3) Terms of Payment
Our invoices are due immediately after delivery without any deductions and are collected using the SEPA company direct debit procedure. If the customer does not join the SEPA company direct debit procedure or if the direct debit is not redeemed, we charge a processing fee of 0.5% of the invoice amount, but at least € 5.00. If payment is not made within 8 days of delivery, default in payment occurs without any further reminder as a result, we charge additional current account interest that is customary in banks. All expenses and fees charged to us for unpaid direct debits, checks and bills of exchange shall be borne by the customer. In the event of default in payment or insolvency, in the event of an application for the opening of insolvency proceedings against the buyer’s assets or in the event of seizure by the buyer, our respective claims against the buyer become due immediately. From this point in time he is no longer entitled to dispose of the goods that are our property, not even through resale. If the entire remaining debt is not paid immediately upon request, we are entitled to demand the return of our goods delivered under retention of title.
The buyer’s rights of retention are excluded. All costs arising from the repossession of the goods are borne by the buyer. Discounts do not apply if insolvency proceedings are applied for, payments are suspended or the business partner defaults in payment.
4) Retention of title
All goods delivered by us in our name and for our account remain our property until full payment has been made – namely of all obligations towards us. All claims of the buyer from the resale are deemed to have been assigned to us. The assigned claim serves as our security in the amount of the value of the respective reserved goods sold.
As long as our retention of title exists, the customer may neither pledge the goods nor assign them as security. In the event of enforcement measures by third parties, the customer is obliged to file an objection and to inform us.
5) Order and Delivery
Orders are only accepted in the way that we individually specify. Deliveries are made in pallets at ground level free of charge according to the specified route plan. There is no entitlement to delivery outside of the route plan. Insofar as the local conditions do not allow efficient unloading in pallets at ground level free of charge, the buyer undertakes to help with the unloading; If goods have to be unloaded from the pallet, we charge a processing surcharge of 2%.
6) Empties & Pallets
The items loaned to you are to be treated with care and returned immediately and without being exchanged. The buyer must provide the pallet and empties ready for collection upon delivery. For pallets that are not returned, we will charge the purchase price.
7) Warranty Liability
Complaints must be made in writing immediately, but no later than 3 days after receipt of the goods. In the event of justified complaints, we undertake, at our discretion, either to make a replacement delivery or to reduce the purchase price. There is no right to conversion or compensation. Compensation for further direct or indirect damage will not be granted. The risk of loss, damage, theft, deterioration in quality, etc. passes to the buyer when the goods are handed over to the buyer. The handover of the goods is also deemed to have taken place if the goods are placed in a place provided by the buyer. Complaints from the delivery of fresh produce must be asserted by telephone on the day of delivery.
8) Place of Performance and Jurisdiction
The place of performance for delivery and payment is Höchstadt a.d. Aisch, the place of jurisdiction is Erlangen or the competent higher court.
Our prices and our communications are to be treated confidentially. Third parties may not be granted access.
Big Five Distribution
91315 Höchstadt a.d Aisch