Böseler Goldschmaus GmbH & Co. KG (BG)
General Terms and Conditions of Sale and Payment
§1 General
The following provisions apply for all deliveries and services carried out by Böseler Goldschmaus GmbH & Co. KG unless otherwise agreed in separate written agreements.
The purchaser expressly accepts these provisions for the delivered goods and services provided and for future contracts.
Conflicting or deviating conditions of purchasers, suppliers or contract partners shall only apply if and insofar as they are declared as the basis for the contract and/or such is confirmed in writing.
§2 Delivery, notification of defects
⋅Unless otherwise agreed, products of sound, commercially fair average quality should be delivered.
⋅Böseler Goldschmaus GmbH & Co. KG guarantees the commercially fair quality of the goods. Complaints due to goods that are obviously defective or whose properties obviously deviate in terms of quality or due to a delivery that is of obviously different goods to those ordered, can only be asserted without delay, no later however than within a limitation period of 24 hours after receipt of the goods, or once the defect has become obvious. Otherwise, the purchaser shall not have any right to claim for such defects.
⋅If a complaint is justified then the seller can send replacement fault-free goods. If the replacement delivery is also rejected then the purchaser has the right to demand a reduction (abatement of the purchase price) or amendment.
⋅The seller shall only be liable for intent and gross negligence; this also applies for a potential liability with respect to vicarious agents and/or legal representatives.
§3 Payment
⋅Unless otherwise agreed payment must be made without delay upon receipt of the invoice. In the case of delivery on credit the payment date is calculated from the delivery date.
⋅Payment by bill of exchange is permitted only in the case of explicit agreement and is deemed paid only under this circumstance. Discount fees, tax on drafts and bills of exchange, and collection charges shall be borne by the client.
⋅They are due immediately. In the case of payments by cheque the date on which the cheque is redeemed shall constitute the payment date, not the date on which the cheque is received.
⋅The client can only lay counterclaims which are not disputed by Böseler Goldschmaus & Co. KG or which are legally settled upon. The purchaser cannot assert a right to retention if it is not based on the same contractual relationship.
⋅This invoice was created in accordance with price, quality and weight agreements. Any objections to this invoice must be raised within 3 days of receipt of the invoice.
- If the payment term is exceeded we will charge standard bank interest –
§4 Retention of title
⋅The delivered goods shall remain the property of Böseler Goldschmaus GmbH & Co. KG until full payment of the purchase price and all other claims arising from the business relationship with the purchaser have been settled. In the case of a running account, the reservation of title will serve to secure the balance due to the seller. If payment is made by cheque or a bill of exchange, this shall be affected on account of payment and not in lieu of payment. The retention of title applies until payment is made.
⋅The retention of title also applies where the purchaser has been granted a credit period for payment. However in this case the purchaser is entitled to process, handle, resell and supply the goods to a third party in the proper course of business even before payment is made.
⋅Any potential processing or handling of the delivered goods by the purchaser is performed for the seller such that the manufacturer of the new item within the meaning of § 950 BGB becomes the owner. In the case of processing or handling of the goods subject to the retention of title together with the purchaser’s goods or another supplier, the seller acquires the joint title to the processed product in accordance with the proportion as given between the invoiced value of the processed or handled goods subject to the retention of title and the market price of the new item at the time of the processing or handling. In the event that the goods subject to the retention of title are mixed or blended with other goods within the meaning of § 948 BGB, the seller acquires joint title in accordance with § 947 para. 1 BGB or his goods are seen as the main item within the meaning of § 947 para. 2 BGB. Sole ownership in accordance with § 947 para 2 BGB (German Civil Code) In the case of mixing, processing or other changes the retention of title also recognises any appropriate increase in value.
⋅To the extent that the purchaser resells the retention of title, he herewith assigns the claim arising from the resell to the seller, who accepts this assignment. Rights of the purchaser’s to assignments of chattels as security, assignments of claims as security, contracts of guarantee and retention of title as well as claims for compensation of the buyer against his customers pass to the seller by virtue of the relevant application of § 401 BGB.
⋅The purchaser is only entitled to make disposals of the retention of title, in particular the reselling of such, within the context of the ordinary course of business only if the advance assignment in favour of the seller is not jeopardised and the claims and rights assigned in advance remain unchanged. Where the purchaser has already disposed of his claims from resales, in particular through a general assignment or has already transferred ownership of the goods produced by him, or to be produced by him, to third parties in advance, he is neither entitled to process the goods which are subject to reservation of title nor to have the right of disposal thereof. The purchaser must inform the seller of such advance dispositions of retention of title and/or of claims from resales without delay. Otherwise such advance dispositions of retention of title and/or claims from resales entitle the purchaser to withdraw from contracts at their discretion or to claim compensation due to non-performance. The purchaser shall be obliged to resell the goods under retention of title only under the conditions of the retention of title. The seller's retention of title remains unchanged in such resales.
⋅The buyer is authorised to collect the assigned receivables from the resale under the restriction that revocation may occur at any time. At the purchaser’s request the seller shall name the debtors of the assigned claims and notify them of such assignment or handover the notices of assignment to the seller.
Terms and Conditions of Sale and Payment
Böseler Goldschmaus GmbH & Co. KG (BG)
Goldschmaus Natur GmbH & Co. (GN)
Garreler Goldschmaus GmbH & Co. KG
Böseler Qualitätsfleisch GmbH (BQ)
General terms and conditions of purchase and delivery
Böseler Goldschmaus GmbH & Co. KG (BG)
Böseler goldschmaus GmbH & Co. KG (BG) Beef
Goldschmaus Natur GmbH & Co. KG (GN)
Böseler Qualitätsfleisch GmbH (BQ)
Garreler Goldschmaus GmbH & Co. KG
