General Business Terms and Conditions of Leine-Fleisch GmbH
1. The cattle owners shall deliver the cattle which are still alive. The supplier of the slaughter animals assures, in accordance with § 11 c b Para. 1 Clause 2 of the meat hygiene guidelines, that
- The slaughter animals have been administered no banned or impermissible substances and
- With the slaughter animal, after the administering of the permitted pharmacologically-active substances, the prescribed waiting periods were followed.
2. We shall pay for the purchased livestock upon the slaughter weight and slaughter quality in accordance with 6. of the Implementation Regulations (DVO).
3. The Seller shall ensure that the cattle are flawless and tradable after being slaughtered and subjected to an examination by a veterinarian. If this is not the case, we shall be entitled to cancel the purchase by unilateral declaration.
4. The place of performance for the delivery and payment shall be our company’s commercial residence. The legal venue shall likewise be our company’s commercial residence. Exclusively German law shall be valid.
1. For all deliveries, exclusively the following Terms and Conditions shall be valid whereby the Buyer, upon the issuance of the order but nonetheless by no later than the delivery, declares his consent and indeed likewise for future transactions even if express reference is not made to them, whereby the Buyer shall receive an order confirmation from us. If the order issued deviates from our Business Terms and Conditions, then only our Business Terms and Conditions shall be valid even if we do not object to such deviating conditions. Deviations shall be valid only if we have expressly recognised them in writing.
2. Our deliveries shall be made against immediate payment without any discounts upon receipt of the invoice. Checks and bills of exchange shall be accepted only for payment satisfaction purposes. Costs for bills of exchange shall be assumed by the Buyer. If the Buyer does not promptly fulfil his payment obligations or it is discovered that the Buyer’s financial circumstances no longer justify the granting of credit, then all our payment claims shall become immediately payable including the current bill of exchange.
3. All deliveries shall be made subject to the reservation of ownership to the goods until complete satisfaction has been made of all our claims from the business relationships existing with us. In the case of an on-going business relationship, the reserved ownership shall be considered to be security for our respective overall claim. The Buyer shall not be entitled to pledge the supplied goods or assign them by way of security. We must promptly be notified of any claims asserted against our rights by third parties.
4. If the goods that we supply are processed or mixed with other goods so that the components thereof are no longer determinable and the goods supplied subject to the
reservation of ownership cannot be regarded as being an essential component of the new goods, the Buyer shall already now assign to us the co-ownership to the newly-created goods and indeed in the fractional amount which corresponds to the proportional value of the value of our goods to the value of the value of the newly-created goods. At the same time, the Buyer shall be obliged to safeguard the goods for us with the due care of a prudent businessman. The processing or handling of the goods shall always be undertaken upon our behalf without our incurring any obligations in this regard. The Buyer shall already now assign to us any ownership or co-ownership rights to the new goods and shall safeguard them for us. The Buyer shall be entitled to resell the reserved goods and/or the newly- created goods during normal business dealings. He shall hereby assign to us the payment claim from the resale of the reserved goods or, if they have been processed or mixed with
other goods, in the proportional amount which we, as the co-owners, hold in the new goods, in such a manner that the payment claim created against the new Buyer will be assigned to us without any special agreement being required in this regard. Upon request, we shall be obliged to release the security to which we are entitled insofar as its value exceeds the payment claims to be secured by more than 10% insofar as these payment claims have not yet been settled.
5. Complaints must be lodged by telephone or fax immediately upon receipt of the goods. The Buyer must grant us the opportunity to review the complaint. No liability or damage compensation claims shall be applicable in the event of force majeure or if our subsuppliers do not make prompt delivery.
6. We shall be entitled to assign our claims from the business relationships with the Buyer. The place of performance shall be our company’s commercial residence. The legal venue for all legal disputes shall likewise be our company’s commercial residence. The contractual relationship shall be subject exclusively to German law–particularly from the German Civil Code and the German Commercial Code.