General terms and conditions of Treyer Paletten GmbH

Conditions of sale and delivery

I. Conclusion of contract:

1. Delivery contracts are only binding if we have confirmed them in writing.
2. Amendments or additions to agreements must be confirmed in writing to take effect.
3. Our conditions of sale and delivery apply even if the purchaser has informed us of conditions of purchase deviating from our conditions or if such conditions are printed on the purchaser's correspondence, especially order forms. Any confirmations by the purchaser which are at variance with these conditions are hereby rejected.
4. We reserve the right to supply arising excess/shortage quantities of up to 10% of the order quantity.

II. Delivery deadlines:
1. We are only liable for compliance with agreed delivery deadlines if such delivery is deemed reasonable.
2. In the event of a strike, lockout, business interruption, act of God or other unavoidable obstacles, we reserve the right to decline to deliver in part or in whole without the purchaser being able to claim compensation for damages or demand subsequent delivery.

III. Prices:
1. The prices we quote are always subject to change. In particular, we reserve the right to increase or decrease prices if our wage, material or freight costs rise or fall, or if more than 4 months passes between the delivery contract being concluded and the goods being delivered.
2. The samples we provide are charged at the usual prices and cannot be returned.

IV. Notification of defects:
1. The purchaser must report defects to us in writing immediately and by no later than 5 days after receiving the goods.
2. If the purchaser has sold on the goods we supplied after the defect was or should have been detected, claims cannot be made for warranty.
3. The burden of proof for any defects in the packaging upon passing of risk shall be borne by the Principal. This shall apply even if the Principal asserts damages claims in consequence of a rejection of package units or packing materials by the authorities of the recipient country on import due to an alleged violation of the ISPM 15 IPPC standard. We shall not be liable in case of arbitrary rejections by the authorities of the recipient country.
4. If defects are justified and have been reported in the correct way, we are prepared to replace the goods or, if this is not possible, to take them back and reimburse the purchase price. The goods must still be in the condition in which they were supplied. There are no grounds for any other claims, in particular any claims for compensation.
5. Goods can only be returned if we have expressly agreed to this and must be returned freight free.

V. Payment:
1. Unless otherwise agreed, the purchase price is due 10 days after the invoice date of issue.
2. We are not obliged to accept bills of exchange. Should we do so, the purchaser is liable for the bank's discount and collection charges. These must be paid immediately in cash. Bills of exchange are only ever accepted on account of payment.
3. If an invoice is not paid within 30 days, we are entitled to charge interest amounting to 1% per month or part thereof.
4. If we become aware of circumstances suggesting a deterioration in the customer's solvency, we are entitled to return accepted and discounted bills of exchange and demand immediate payment in cash. There shall be no obligation to timely presentation and protesting of bills of exchange and cheques.
5. Payments cannot be withheld due to asserted counterclaims and amounts may not be offset with any other claims. A notification of defects also does not entitle the purchaser to withhold the purchase price.

VI. Shipping:
Products are shipped at the cost and risk of the purchaser.

VII. Retention of title:
1. We reserve the right to ownership of all goods we supply until the purchaser has paid all claims resulting from the business relationship, including future ones.
2. The purchaser may combine or mix the reserved goods with goods that do not belong to us in the course of ordinary business. If this is done, we gain joint ownership in accordance with § 947, 948 of the German Civil Code.
3. The purchaser assigns to us claims to the purchase price against the buyer of the goods emanating from the resale. Initially the assignment should be considered undisclosed. However, we are entitled to disclose the assignment if we become aware of circumstances raising doubt as to the solvency of the purchaser.
4. The purchaser is obliged to immediately inform us of seizures of goods by third parties.

VIII. Place of fulfilment and court of jurisdiction:
For all liabilities resulting from the delivery contract is Bad Peterstal.

IX. Miscellaneous:
Should any of the above items become ineffective or void, this shall not affect the effectiveness of the rest of the contract. Even if we do not formally contradict your conditions of purchase, our conditions of sale apply to all legal transactions.

Treyer Paletten GmbH · 77740 Bad Peterstal, Germany

Status: 01/2021


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