All offers, deliveries and services of Zeelandia van Belzen e. K. - hereafter referred to as just Zeelandia - and the corresponding contracts are based on only these terms and conditions.
Different and / or supplementary conditions of the Orderer / purchaser or a mediator are not binding for Zeelandia and not commit Zeelandia also then, if she do not expressly object to them. If Zeelandia confirmed expressly in writing agreements, these, apply but no effect for future business.
Deliveries are made to the agreed prices. The prices are net prices in the sense of the law on turnover tax. Sales tax will be added in each set height on the prices. The customer has to check the invoice within a reasonable period of time. Complaints of billing after the expiration of 3 months will not be accepted from Zeelandia.
Is the delivery to the agreed destination of Zeelandia carried or causes of Zeelandia, insurance in the ordinary of Zeelandia at Zeelandia is taken over. Indeed and in all other cases, in particular equity pickup, the buyer bears the risk from the place of performance.
An assurance of properties and the acquisition of guarantees is binding only in so far as Zeelandia especially has confirmed in writing that the customer. Claims for damages of the purchaser / buyer from contractual or other liability excluded - irrespective of the legal grounds -. This does not apply in cases of intent or gross negligence on the part of Zeelandia or its vicarious liability or damage is based on the absence of a writing particularly secured property by their assurance of the customer /. Buyer against such damage should be secured. Also, the exclusion of liability does not apply unless required by slightly negligent breach of essential contractual obligations on the part of Zeelandia or its vicarious agents. The liability of Zeelandia is always limited to the foreseeable damage.
Claims are not excluded from the product liability act against Zeelandia.
The recipient has in time before acceptance / confirmation on damages and shortages to carefully examine the goods, immediately to complain about this, to indicate on the receipt etc. completely and to be confirmed in writing. The recipient has to do all necessary measures including the facts in the protest in time and form. Zeelandia shall be informed immediately by him. On aforementioned checks, the goods at the reception on the right amount is by the customer immediately to check type and quality.
Any complaints are of fresh and smoked products within 24 hours after their arrival, to display cooling products within 3 days.
Any complaints (Rügen) due amount and type at the latest within 3 days from must be raised for other goods (for example, frozen products and full canned); the quality complaint at the latest within 8 days after delivery of the goods.
Hidden defects are immediately after their discovery to display.
For failure to comply with the notification period warranty claims cannot be made more valid. Zeelandia is not obligated to the replenishment, as long as and to the extent the customer does not meet its contractual obligations. The guarantee does not exist if the customer misused the merchandise.
Weights of fresh and smoked products relate to the weight determined at the place of dispatch of Krefeld. The customer has to bear the natural weight loss stemming from the nature of the goods.
Payment is due upon receipt of the invoice without any deductions immediately.
The customer is in default of payment, is entitled to demand interest of 2% above that at the time of the occurrence of delayed of payment valid base rate of the Deutsche Bundesbank, but at least 6%, Zeelandia. We reserve the right to claim of further damages incurred by delay of payment.
Zeelandia retains the title to all goods delivered until full payment of total claims from the current business relationship with the customer (reserved goods). This is true even if the purchase price for certain supplies of goods designated by the customer is paid, because the retention ensures all current outstanding balance claims. The customer may sell the reserved goods in the context of his proper normal business transactions. He is not entitled to other disposals, in particular to the mortgaging or pledging. The customer up to the amount of each open total claim of Zeelandia assigns all receivables due to him from any resale of the reserved goods (including any ancillary rights) to their backup to Zeelandia van Belzen.
With the resale of the reserved goods together with other goods at a total price, the assignment according to the invoice value of the reserved goods with sold takes place.
Provided the customer meets his payment obligations to Zeelandia, he is entitled to collect the receivables by way of security on Zeelandia until further notice. A disposition of these claims by the customer is permissible, up to the full regulation of the open (requirements) total claim of Zeelandia only train to train against payment of the proceeds to Zeelandia. The authorization may be revoked if there are serious doubts as to the solvency of the customer. Your debit authorization shall automatically expire with cessation of payment of the customer. At the request of Zeelandia, the customer - in particular for revocation or cancellation of direct debit authorization - Zeelandia immediately to inform the debtors of the assigned claims and all to assert of the rights of Zeelandia has desired and required Information on grant and to hand over documents.
The reservation of proprietary rights is resolving due in such a way that with complete fulfilment of each open total claim of Zeelandia on customers transferred ownership of the goods to him. At the request of the purchaser, Zeelandia releases their backups due to at their discretion insofar as their value exceeds the total claim of Zeelandia respectively to be secured by 20%.
Assignment: The rights and obligations arising from the contracts concluded with Zeelandia can transmitted by the customer without consent of Zeelandia on a third party. Provided that an assignment made without the consent of Zeelandia gem. § 354a HGB is still effective, is this the right of Zeelandia with any counterclaims to the assignee (assignee) to offset, not affected.
Zeelandia is the goods at any time even without serious doubts on the solvency of the customer or in the event of payment default and at request of the bankruptcy or settlement proceedings over the assets of the customer entitles Grace period - if payment is delayed after grace period - so far to reclaim, when it appears necessary to cover all claims from Zeelandia. Zeelandia is entitled for this purpose to enter the premises of the customer, where the goods are stored, and to take the goods into possession. This right also extends to the rooms by a third party, provided that the third party goods stores. The customer has to ensure that access to these spaces can be exercised freely. The customer shall bear the costs of return.
From default of the customer or when applying for the bankruptcy or settlement proceedings against his assets is no longer empowered the customer for the sale of the goods and shall have to make separate storage or marking of the goods immediately. In addition to credit the incoming from claims assigned to Zeelandia amounts to a separate account to the customer.
The buyer / customer is pointed out BundesdatenschutzG under section 26 that the data generated in connection with his relationship with Zeelandia for purposes of business management and also at other companies, Zeelandia with which cooperates, be saved.
Place of performance for the delivery is the warehouse from which the product originates.
Place of performance for payment is Willich
German law, applies to all contractual relationships Court of jurisdiction is - as far as legally permissible – Krefeld. As far as our terms and conditions or the contract revealed nothing, is the application of the uniform law on the international sale of goods or the conclusion of these purchase agreements (Hague Agreement), as well as the application of the Vienna United Nations Convention on international goods sales contract ruled out.
The ineffectiveness of individual provisions of these terms and conditions or the contract concluded with the customer shall not affect the validity of the remaining provisions. Instead of an invalid provision is a coming as close as possible to their economic content regulation.
