Terms of delivery and payment

  1. The dispatch of all goods takes place on account and risk of the buyer. Unless otherwise stipulated in these terms of delivery, the "Terms and Conditions for Fresh, Edible Horticultural Products in National and International Trade" shall apply.
     
  2. The delivered goods shall remain our property until all our outstanding claims arising from the business relationship with the purchaser have been satisfied in full. The buyer is only entitled to resell the goods delivered under retention of title within the scope of his normal business transactions.

    In order to secure all outstanding claims arising from the business relationship, the buyer hereby assigns to us any claims arising from the resale of the goods delivered under retention of title or claims arising in the future. We hereby accept the assignment. Notwithstanding the assignment, the Buyer shall at all times be revocably entitled to collect the assigned claims. The purchaser undertakes to transfer the collected amounts to us up to the amount of our open claims. At first request, the reseller is at any time obliged to inform us in writing at his own expense about the stock of assigned claims, the names and addresses of the debtors, the invoice numbers and dates as well as all other information required for the collection of the claims. Upon first request, the buyer must either inform the debtor of the assignment or provide us with a signed confirmation that the claim against his debtor has been assigned to us.

    The permission to resell the reserved goods in the ordinary course of business as well as the permission to collect the assigned claims shall expire without any notification on our part being required if the buyer falls into financial difficulties or defaults on the settlement of individual claims for a period of more than 30 days.

    If goods delivered under reservation or the claim assigned to us in their place are claimed by third parties, in particular seized, the buyer is obliged to notify us immediately and to do everything in his power to secure our rights. The costs of any necessary intervention on our part or on part of the purchaser shall be borne by the purchaser.

    If the buyer defaults, falls into financial difficulties or third parties access the goods or the assigned claims, we shall be entitled to take the goods delivered under retention of title as security without this being associated with a withdrawal from the contract and to notify the debtors of the assignment of claims.

    In the event that the value of the goods delivered under retention of title and the assigned claims against the buyer cumulatively exceeds 115% of our outstanding claims against the buyer, we shall be obliged to release retention of title rights and/or assigned claims at the first request of the buyer at our discretion to the extent of the value of our rights exceeding this limit.
     
  3. Place of performance for payment is Hamburg, for delivery in each case the place from which the goods were dispatched. Delivery shall be made uninsured from the place of performance.
     
  4. The place of jurisdiction for both parties shall be Hamburg.
     
  5. Agreements deviating from these terms of delivery and the "Terms and Conditions for Fresh, Edible Horticultural Products in National and International Trade" shall only be effective if they have been expressly counter-confirmed by us in writing.
     
  6. The unopposed acceptance of written and/or verbal declarations of the buyer, which deviate from these delivery conditions and "Terms and Conditions for fresh, edible horticultural products in national and international trade" or the individually agreed contract conditions, does not lead to an effective change or supplement of the contract with the buyer.