Terms and Conditions

Terms and Conditions

Conditions of Delivery and Payment of Point of Food Lebensmittelvertriebs GmbH

• General terms
  We perform deliveries exclusively to our own conditions. Contrasting conditions on the part of the one ordering will not be recognized. Our offers are non-binding. Verbal agreements need our written confirmation. The terms and conditions apply from the beginning of a binding declaration of intent to purchase from both sides.
  
  
• Delivery
  The delivery is executed at the buyer’s own risk. The agreed delivery date changes in case of labour disputes and strikes and unpredictable circumstances that are out of our control, in case these obstacles directly affect the completion or delivery of goods.
  If delivery is massively aggravated by the named circumstances, we are allowed to step back from the contract. Claims for compensation are not valid. Partly delivered goods are permitted. Synthetic packaging, pallets and roller containers are to be returned to our driver immediately. If empties are kept, we are permitted to charge the standard commercial price.
  We deliver free of charge to agreed conditions (for example minimum order quantities) nationwide. Sending back of goods without our permission are seen as contract with the freight carrier who has the right to charge.
  We do not guarantee for quantity and articles when the order is placed via phone.

 

• Payment and prices
  Our prices are set in Euro. We charge the prices valid on the day of shipment, adding the statutory value-added tax. Unpunctual payment allows us to charge default interests in standard banking amount without placing an extension.
  Basing on the SEPA direct debit we will inform you about the date of collection together with our invoice. The term of payment is 8 days after invoicing. The debtor is obliged to guarantee a covered account. If any costs emerge from illiquidity, we are permitted to charge the customer.
  
  
• Reservation of ownership
  The delivered commodities are owned by us until the full payment of all positions within the contract of the the business relationship are payed for. That also applies if payments have been made in respect of specially designated demands. The debtor is only permitted to use and process our goods when they are not in default. The requirement attached is that the demands from far sale are passed to us as stated in the following two paragraphs, the purchaser is not permitted to any other use of the conditional commodities. The demands on the side of the purchaser will be transferred to us from the present moment. They are used for security in the same way as the conditional goods. If the conditional goods are sold together with goods that are not ours, the demand from the far sale is valid only at height of the far sale value of the reservation commodity sold in each case.
  The purchaser is permitted to reclaim demands from the far sale until our contradiction, which is valid at any time. The purchaser is only permitted to assign the demands with our written permission. By our demand the purchaser is obligated to inform his customers about the reclaim of demands by us, unless that is done by us, and to give us information that is necessary for the withdrawal.
  In case of our reservation of ownership it is only to be seen as a withdrawal from the contract with our written declaration. The right of ownership to the conditional commodities expires when he does not fulfil the liabilities of this or another contract.
  The purchaser must inform us about seizures of property or any other impairments through third parties.
  If the worth of the current collateral of the secured claim exceeds more than 10%, then we are required, upon demand by the orderer, to release securities at our option to that extent.

 

• Right to withdraw
  In case of a significant decline of the purchaser’s financial status, if the purchaser seizes his stores, receivable dues or sold commodities or transfers them to other creditors, or when the purchaser falls behind with significant parts of their payment, we are permitted to demand financial collaterals and if adequate collaterals can not be guaranteed, to make our claims due and payable or to withdraw from the contract after proper notice.

 

• Handling instructions
  Frozen and chilled goods are to be transported into an adequate cooling house immediately after delivery. The mandatory temperatures are -18°C for frozen goods and +7°C for chilled goods.
  
  
• Warranty
  Reclamation of goods are to be reported to us immediately, 24 hours at latest, after receiving the goods and before further delivery to further customers via phone, e-mail or fax. In case of deficiencies we obligated for a compensation of our choice with price lessening or replacement delivery. A requirement for our compensation may be the return of the deficient goods to us upon consultation.
  
  
• Liability
  Any demands on the side of the purchaser are limited to the damage arising from a grossly negligent breach of duty on the side of our direct employees. This also applies to breach of duties at contractual negotiations.

 

• Place of jurisdiction
  Place of jurisdiction for both parties is Recklinghausen. Recklinghausen is set as place of jurisdiction unless negotiated otherwise. This also applies to assertion of claims within a default action.