Our rules of the game

Terms & Conditions


1. CONDITIONS OF CONTRACT

Unless otherwise agreed in this sales confirmation, we sell and deliver exclusively in accordance with the terms and conditions of the Waren-Verein der Hamburger Börse e.V., in the version valid at the time of conclusion of the contract. The purchaser acknowledges that he is aware of the conditions of the merchandise association. It should also be noted that these conditions may be obtained from:

WAREN-VEREIN DER HAMBURGER BÖRSE E.V.

Große Bäckerstraße 4, 20095 Hamburg

Terms and conditions of the purchaser or of a broker or agent as well as ancillary agreements concerning the content of the contract and changes to the contract shall only be effective if we agree in writing.


2. PROVISIONAL

(1) The goods remain the property of the Seller (reserved goods) until full payment of all claims of the Seller against the Buyer arising from the mutual business relationship, including conditional or future claims. In the case of a current invoice, the retention of title shall serve as security for the respective balance claim of the seller.

(2) The purchaser is permitted to process, process, mix or sell reserved goods only on condition that he keeps detailed records of the respective whereabouts of the reserved goods according to quantity and value. In the event of delay, he is obliged to provide the Seller with appropriate proofs at his own expense.

(3) The processing or processing of the reserved goods always takes place on behalf of the Seller, without incurring any liabilities for the Seller. The latter shall be entitled to ownership of the new item arising from processing or processing. In case of processing with other goods not belonging to the Seller, the Seller shall be entitled to co-ownership of the new item in proportion to the value of the reserved goods to the other processed goods currently being processed. In the following, the value of the reserved goods is to be understood as the purchase price charged to the Buyer by the Seller for this purpose. If the reserved goods are mixed or combined with other goods, the Buyer hereby transfers to the Seller his ownership or co-ownership rights to the mixed inventory or the connected unitary item and stores them (hereinafter also reserved goods) for the Seller.

(4) The purchaser is entitled to resell goods under retention of title in the ordinary course of business; he is prohibited from pledging or transferring them as security. The Buyer hereby assigns to the Seller all customer claims arising from the resale, regardless of whether the resale takes place before or after processing, mixing or combination, including old ancillary rights.

(5) In the event that the reserved goods themselves or – regardless of the condition in which they are sold by the purchaser together with other goods at a total price, the assignment of the receivable from the resale already effected herewith shall be effected only in the amount that the vendor has charged the purchaser for the part of the reserved goods in question.

(6) In the event that the Buyer receives bills of exchange or cheques from his Customer because of the resale, he hereby assigns to the Seller the corresponding bills of exchange and cheque claims against his Customer in the amount of the receivable assigned to the Seller in accordance with paragraph (4). Ownership of the bills of exchange and cheque deeds is hereby transferred from the Buyer to the Seller, the Buyer keeps the deeds for the Seller.

(7) The purchaser is entitled to collect the assigned claim until revoked.

(8) In the event of revocation, the Buyer shall, at the Seller’s request, provide all the information requested, notify the Customer of the transfer of receivables and hand over the relevant customer changes and cheques to the Seller.

(9) The Buyer shall return the reserved goods to the Seller at his request if he is in default with a payment. The Buyer shall also inform the Seller of the access of third parties to the reserved goods and/or to the claim assigned to the Seller immediately by telegraph or in writing.

(10) The Seller shall release a security at the Buyer’s request to the extent and at his option if its value exceeds the claims to be secured by more than 25%.

3. PREVIOUS DELIVERIES

A GFSI-recognized certification of our suppliers is preferred by us, but is not used as an exclusion criterion for other suitability. We have the highest standards regarding the use of pesticides in general and pesticide residues in the products supplied to us. Document 5.2-FB-18 Nutwork Requirements for Pesticides applies.

4. JURISDICTION

Jurisdiction for both parties is Hamburg.

5. SALVATORIC CLAUSE

(1) If, after the conclusion of this contract, a rule of law giving rise to the levy takes effect or if the costs of transporting the goods to the port of destination are altered and as a result the demonstrable expenses of the seller change, the purchase price shall be adjusted accordingly by that difference. Possible freight surcharges – including existing ones – shall be borne by the purchaser.

(2) Should one of the provisions of these Terms and Conditions of Sale and Delivery or of the Terms and Conditions of Business be or become invalid in whole or in part, the validity of the remaining provisions of the contract of sale shall not be affected.

This order confirmation shall be deemed to be approved in all parts unless immediately contradicted in writing.