General terms and conditions of sale and delivery
The deliveries, services and offers of our company are made exclusively on the basis of these General Terms and Conditions of Sale and Delivery (AVLB), regardless of the type of legal transaction. All of our declarations of intent under private law are to be understood on the basis of these AVLB. We do not recognize any terms and conditions of the customer that conflict with or deviate from our AVLB, unless we have expressly agreed to their validity in writing.
Acts of contract fulfillment on our part do not count as approval of the terms of the contract that deviate from our AVLB. These terms and conditions also apply as a framework agreement for all other legal transactions between the contracting parties.
II. Conclusion of contract
a) Our offers are non-binding, subject to change and without guarantee. Verbal commitments, ancillary agreements and the like that deviate from these AVLB or other of our written declarations of intent, in particular those made by sellers, delivery agents, etc., are not binding for us. The content of the brochures, advertising announcements, etc. used by us does not become part of the contract unless expressly referred to.
b) Every order requires an order confirmation to conclude the contract. Sending or handing over the goods ordered by the customer also results in the conclusion of the contract. If offers are sent to us, the offerer is bound by a reasonable, but at least eight-day period from receipt of the offer.
Unless otherwise stated, all prices quoted by us are exclusive of VAT. Prices, services and other declarations are only binding if they have been submitted or confirmed in writing by Agrar Impex GmbH. Costs and expenses incurred in connection with the payment are to be borne by the buyer.
IV. Terms of payment, default interest
a) If no other agreements have been made, advance payment without deductions is to be made after receipt of the invoice. Outside the FRG: Delivery after prepayment. The assertion of a higher damage caused by default remains reserved.
In the event of a delay in payment, including partial payments, any cash discount agreements will lapse. Customer payments are only deemed to have been made when they are received in our business account.
b) In the event of a delay in payment, we are entitled to charge default interest from the due date, which is 10% above the base rate. Further claims, in particular the right to higher interest, from the title of the compensation are reserved.
V. Withdrawal from the contract
a) In addition to the general statutory provisions, we are also entitled to withdraw from the contract in the event of default in acceptance (point VII) or other important reasons, such as, in particular, opening insolvency proceedings against the assets of a contractual partner or rejection of an insolvency application due to lack of cost-covering assets. In the event of withdrawal from the contract, we are at fault of the customer to request a flat-rate compensation of 15% of the gross invoice amount or to have the damage actually incurred.
b) If the customer defaults on payment, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to request advance payments or guarantees or – if necessary after setting a reasonable grace period – to withdraw from the contract.
c) If the customer withdraws from the contract – without being entitled to do so – or if he unjustifiably requests its cancellation, we have the option of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged, at our option, to pay flat-rate compensation in the amount of 15% of the gross invoice amount or the damage actually incurred.
VI. Reminder and collection expenses
In the event of a delay in payment, the customer has a reminder fee of € 10 plus postage for each reminder. In addition, we are to be reimbursed for all dunning and collection expenses necessary for appropriate legal prosecution, especially those that a lawyer charges us for his services in accordance with the tariff.
VII. Delivery, transport, default of acceptance
a) Our sales prices do not include delivery, analysis or specification costs (laboratory tests). On request, however, we can provide or organize these services for a separate payment. The costs actually incurred for transport and delivery, together with an appropriate director surcharge, but at least the Frac applicable or customary on the day of delivery