1.1. These terms and conditions apply only to companies within the meaning of § 14 BGB.
1.2. The following terms and conditions apply exclusively to all legal transactions – for future, as well as in the context of contract negotiations – between the “user” (Anadolu meat and poultry trade and the companies of Anadolu meat and poultry trade) and the “contracting party”.
1.3. The user provides all deliveries and services exclusively subject to these General Terms of Delivery. Conflicting, deviating or supplementary conditions, even with knowledge, are not part of the contract, unless the user has expressly agreed to their validity in writing.
2. Prices and terms of payment
2.1. The prices apply – unless otherwise agreed in writing – in Euro.
2.2. The prices are net prices. Unless otherwise agreed, include the prices for delivery and transport to the contracting party at the conclusion of the contract specified shipping address, including packaging. Prices do not include Value Added Tax, Insurance and Customs unless otherwise agreed in writing.
Costs for the disposal of packaging material will not be borne by the user.
2.3. The user’s invoices are payable net immediately after delivery of the goods and receipt of the invoice.
Discount deduction is only permitted by express agreement. Deviating payment terms must be agreed in writing. Payment terms may be revoked by the user for future business at any time with reasonable notice.
For large orders, the contracting party is granted a payment period of 28 days. In that case, there is always a discount deduction.
2.4. Bills of exchange and checks are accepted only on the basis of express written agreement on account of payment, but in no case on payment instead.
2.5. If it becomes apparent after the conclusion of the contract that our claim for payment is jeopardized due to a lack of capacity of the customer, we are entitled to refuse the delivery and demand payment in advance or security deposit from the customer. The contracting party bears the burden of proof and proof of its solvency.
2.6. A part payment is exclude, so it is used to be the contract partner.
2.7. In the event of late payment, the contracting party shall charge the user default interest in the amount of 9% above the respective base interest rate. Decisive for the timeliness of the contracting party is the payment of the money to the account of the user, but not the receipt of the transfer order at the bank.
3. Offsetting and retention
The contractual partner may only offset with an undisputed or legally determined counterclaim. The contracting party shall only be entitled to assert a right of retention if the counterclaim is based on the same contractual relationship.
4. Delivery and transfer of risk
4.1. The delivery period specified in the order or otherwise according to these General Terms and Conditions is binding.
4.2. The dispatch takes place on costs and – also with carriage paid delivery – on danger of the customer. The risk of accidental loss and accidental deterioration of the goods passes to the contracting party upon transfer to the contracting party and, at the latest – including shipping – upon leaving the business premises, irrespective of whether the shipment is made from the place of performance and who does not Freight or shipping costs.
4.3. The user is entitled to carry out partial deliveries to a reasonable extent and to invoice these separately.
Due to the fact that delivery periods have been exceeded, the contractual partner can only withdraw from the contract if he has previously set the user a reasonable period of grace with a threat of rejection and delivery has not taken place within the period of grace. This does not apply if, according to § 323 Abs. 2 BGB, a deadline is dispensable.
4.4. In the event of default in acceptance, the user can obtain compensation for the damage incurred, including any additional expenses.
4.5. If the user is in default of delivery, then he is liable for gross negligence for the delay damage incurred by the contracting party. In the case of ordinary negligence, the User’s liability for delay damage shall be limited to compensation for each completed week of default of 0.5%, but not more than 5% of the price of the part of the delivery that can not reasonably be used because of the delay, provided that the contracting party proves damage to the user.
4.6. The calculation is based on the weights determined by the user on calibrated electronic scales. During the transport resulting weight loss are at the expense of the contractor. Additional weight differences will only be accepted if weighed in the presence of the respective carrier and the weighing document inspection certificate is handed out for comparison with the own delivery documents. Subsequent complaints are excluded. Commercial changes of the delivery items remain reserved, as far as they do not affect the customer unreasonably and as far as the usability of the goods do not affect.
5.1. The empties will only be lent to the contracting party. The contracting party is obliged to return the empties in proper condition.
5.2. Non-returned empties must be paid by the contracting party at the replacement price. The contracting party will be given an appropriate period of 4 weeks to return the empties in accordance with the hygiene regulations in the cleaned state.
The replacement price for the empties is:
E-2 boxes: 3,85 €
E-1 boxes: 3,85 €
Lochmixkisten: 3,85 €
H-1 pallet: 80 €
Euro pallet: 40 €
6. Retention of title
6.1. The User retains ownership of all goods delivered by him until payment in full of all claims arising from the entire business relationship, including all ancillary claims and future claims.
6.2. In the event of breach of contract by the contracting party, in particular in the event of default of payment, the user is entitled to demand the goods on the basis of the retention of title. The user may also demand the goods out if it becomes apparent that the payment claims of the user are jeopardized by the lack of efficiency of the contracting party. A withdrawal from the contract is not a prerequisite for this publication request.
6.3. The contracting party shall be entitled to dispose of the object of delivery within the framework of a proper course of business up to a revocation by the user which is permissible for an important reason. In the case of resale, the contracting party hereby assigns to the user all claims arising from the resale, in particular payment claims but also other claims related to the sale in the amount of the final invoice amount, including VAT, irrespective of whether the delivery item has been resold without or after processing.
7. Material defects
7.1. The contracting party is obligated to inspect the goods on delivery at the agreed place of destination or in the case of self-pickup immediately, according to quantity, weights, packaging, at least on a sample basis, representative, carry out a quality control and record any complaints. Claims for defects presuppose that the contractual partner has duly fulfilled his obligation to immediately inspect the goods and complain about defects according to § 377 HGB.
7.2. The user is obliged to provide evidence of the defect and to give the user the opportunity to verify it. Otherwise, the goods are considered approved. Furthermore, the user has the obligation to report within 24 hours and to complain about the deficiencies. Otherwise, the delivery is considered approved.
7.3. If there is a defect for which the user is responsible, the user is entitled, at his discretion, to remedy the defect in the form of a remedy of the defect or to deliver a new faultless item.
7.4. If the subsequent performance is denied by the user, if it fails or is unacceptable to the contracting party, the contracting party shall be entitled to the further statutory claims. If there is only an insignificant defect, the customer has no right to withdraw.
7.5. Claims for defects of the contracting party lapse after 12 months from delivery of the goods. However, the statutory limitation periods apply in the case of § 438 para. 1 no. 2 BGB, in case of fraudulent concealment of a defect and the recourse of the company (§ 497 BGB).
8.1. The user is liable for intent and gross negligence. For slightly negligent breaches of duty, the user is liable only if it is a violation of essential contractual obligations arising from the nature of the contract or whose violation endangers the achievement of the purpose of the contract. Even then, the damages are limited to the contract-typical, foreseeable damage.
For slightly negligent breach of duty of minor contractual obligations claims for damages of the contracting party, for whatever legal reason, are excluded.
8.2. The above limitations of liability do not apply to claims of the contracting party from product liability. Furthermore, the limitations of liability shall not apply to injury to life, limb, or health attributable to the user.
8.3. Claims for damages of the contracting party due to a defect lapse after 12 months from delivery of the goods. This does not apply if the user is guilty of malice.
9. Place of performance
9.1. Place of fulfillment for delivery, payment and all other obligations of the delivery contract is, unless otherwise agreed, the place of business of the user.
9.2. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its occurrence and effectiveness is Stuttgart. The user may also bring the action at the place of business of the contracting party.
9.3. The contractual relationship is subject to German law. The United Nations Convention on the International Sale of Goods (CISG) does not apply.