General Terms and Conditions of Business and Delivery
1. GENERAL
The following General Terms and Conditions of Business and Delivery apply to all deliveries, services, and orders of GF Fleischproduktion GmbH & Co KG, Waldstraße 3, 4712 Michaelnbach. Should the contracting party’s General Terms and Conditions conflict, they shall only be valid if the present conditions have been expressly waived in writing. For further deliveries and subsequent transactions, the following conditions shall also apply, even if they have not been expressly agreed upon again. All deviations must be in writing. Should individual provisions of these Terms and Conditions of Business and Delivery be or become void, ineffective, or contestable, the remaining conditions shall remain unaffected and shall be interpreted or supplemented in such a way that the intended economic purpose is achieved in a legally permissible manner.
2. TRANSFER OF RISK AND DELIVERY PERIODS
The transfer of risk takes place in individual cases according to the agreed INCOTERMS. If no agreement exists in this regard, the risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left GF’s warehouse for dispatch. If dispatch is delayed at the buyer’s request, the risk passes to the buyer upon notification of readiness for dispatch. GF provides no warranty and is not liable for the transport or the selection of the persons involved. In any case, the risk passes to the buyer upon dispatch, even if carriage-free delivery has been agreed. If dispatch is delayed for reasons attributable to the customer or their vicarious agent, the risk passes to the buyer upon provision of the goods. In the event of default in acceptance, the buyer shall be liable for storage charges – without prejudice to other rights. Delivery dates are stated without obligation. Non-compliance with delivery dates shall only entitle the buyer to assert their legally entitled rights if GF fails to carry out the delivery or service despite a written setting of a reasonable grace period. The delivery period shall be extended by the duration of the hindrance caused by all circumstances not covered by the parties’ will, such as untimely delivery by any sub-suppliers, cases of force majeure, governmental interventions, transport and customs clearance delays, transport damages, energy and raw material shortages, and labor disputes. GF is entitled to make partial deliveries unless otherwise agreed in writing. Each partial delivery shall be considered a separate transaction and may be invoiced separately by GF.
Complaints about defects can only be considered if they are raised and substantiated in writing immediately upon receipt of the consignment. The delivered goods must be inspected immediately upon receipt and stored properly. The goods must be stored in accordance with the storage conditions specified by us. This means: If the goods are not stored according to these guidelines, any warranty shall expire. Returns of goods will only be accepted by us if a substantiated complaint about defects has been made beforehand and we have given our written consent for the return. If goods are acknowledged by us as having been delivered defectively, we are entitled, at our discretion, either to provide a replacement delivery within a reasonable grace period or to issue a credit note for the invoice amount of the defective goods. Warranty or compensation claims exceeding the invoice value of the defective goods, as well as claims for consequential damages, are excluded. For defects in goods not produced by us, we are liable to the customer only to the extent that the sub-supplier or manufacturer is liable to us. In this case, we are also entitled to assign our claims against the sub-supplier to the recipient of the goods and are free from any liability in such a case. In the event of official complaints or sample collections by the food inspection authorities, the customer is obliged to request counter-samples. The customer must immediately freeze these counter-samples and notify us. Failure to comply with this obligation renders the customer liable for damages to us.
Complaints can only be considered if they are made in writing and substantiated immediately upon receipt of the shipment. The delivered goods must be inspected immediately upon receipt and stored properly. The goods must be stored in accordance with the storage conditions specified by us. This means that any warranty is void if the goods are not stored in accordance with these guidelines. Goods may only be returned with our prior written consent after a justified complaint has been made. If we acknowledge that goods have been delivered by us in a defective condition, we shall be entitled, at our option, either to make a replacement delivery within a reasonable period of grace or to issue a credit note for the invoice amount of the defective goods. Warranty or claims for damages exceeding the invoice value of the defective goods, as well as for consequential damages, are excluded. For defects in goods not manufactured by us, we shall only be liable to the customer to the extent that the upstream supplier or manufacturer is liable to us. In this case, we are also entitled to assign our claims against the upstream supplier to the goods recipient and shall be released from any liability in such a case. In the event of official complaints or sampling by the food police, the customer is obliged to request counter-samples. The customer must freeze these counter-samples immediately and notify us. Failure to comply with this obligation shall render the customer liable to us for damages. 4) TERMS OF PAYMENT Our prices are net prices, payable and due upon receipt of the invoice without any deduction. In the event of default in payment, we shall be entitled to demand default interest. Any dunning charges incurred (€ 2.00 first reminder; € 3.00 second reminder; € 4.00 third reminder, € 5.00 fourth reminder) shall be borne by the customer, the same applies to all pre-litigation costs such as the involvement of a collection agency and the like, insofar as they are necessary for the appropriate legal prosecution. We reserve the right to assign customer claims to third parties. Any prohibitions of assignment expressed in the general terms and conditions of our customers and all other contractual conditions relating to the assignment of claims shall not be recognised by us and shall be deemed not to have been written. The purchaser is not entitled to withhold payments or set them off against asserted warranty claims or other counterclaims. In the event of default in payment or other circumstances, the assessment of which is at our discretion, we shall be entitled to make deliveries only against cash or advance payment. In the case of limited liability companies, we are entitled to assert our claims also against the respective managing director. The liability of the managing director shall remain in effect until full payment of our claims.
4. PAYMENT TERMS
Our prices are net prices, payable and due upon receipt of the invoice without any deductions. In case of default in payment, we are entitled to demand default interest. Any reminder fees (€ 2 for the first reminder; € 3 for the second reminder; € 4 for the third reminder, € 5 for the fourth reminder) shall be borne by the customer, as shall all pre-litigation costs such as the involvement of a collection agency and similar, insofar as they are necessary for appropriate legal prosecution. We reserve the right to assign customer claims to third parties. Prohibitions of assignment stated in our customers’ general terms and conditions and all other contractual conditions relating to the assignment of claims are not recognized by us and are considered null and void. The buyer is not entitled to withhold or offset payments due to asserted warranty claims or other counterclaims. In case of default in payment or other circumstances, the assessment of which is at our discretion, we are entitled to make deliveries only against cash payment or advance payment. In the case of limited liability companies, we are entitled to assert our claims also against the respective managing director. The liability of the managing director remains in effect until our claims are fully paid.
5. RETENTION OF TITLE
Until full payment, we reserve the right of ownership to the purchased item or the proceeds of sale. The retention of title shall not be extinguished by processing or mixing in any form whatsoever. As long as the goods have not been paid for, the proceeds of sale must be kept separately in trust, like third-party funds. Third-party access (execution, etc.) to the goods owned by us, or their proceeds, must be reported to us immediately.
6. INFORMATION ON DATA PROCESSING
(1) GF Fleischproduktion GmbH & Co KG collects customer data in the course of contract processing and particularly observes the provisions of the Austrian Data Protection Act and the EU General Data Protection Regulation. Without the customer’s consent, GF Fleischproduktion GmbH & Co KG will only collect, process, or use customer data insofar as this is necessary for the processing of the contractual relationship and for the utilization and billing of goods sales. (2) Without the explicit consent of the customer, the provider will not use customer data for advertising, market, or opinion research purposes.
7. FINAL PROVISIONS
Place of performance is 4712 Michaelnbach, Austrian law shall apply. Place of jurisdiction is 4600 Wels.