H. Thylmann GmbH & Co.KG Kilianstädtermühle
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General Conditions of Sale and Delivery

of H. Thylmann GmbH & Co. KG, Flour Mills


§1


Offers and Delivery of H. Thylmann GmbH & Co. KG, Flour Mills (the seller) are based on these General Conditions of Sale and Delivery. Changes and additions to these conditions of sale and delivery as well as recognition of the client’s conditions of purchase come only into effect with the specific written acknowledgement of the seller. With Business people these general terms of conditions are accepted latest on receipt of the goods.


§2


Until the fulfillment of all payment balance requests which the seller might have now or in future against the buyer from which ever legal ground the following securities will be guaranteed. The seller will release the securities if its values will exceed the outstanding accounts by more than 20 %. The goods will be in ownership of the seller. Manufacturing or change of structure happens only for the seller as producer but without obligation for the seller. Expires the wholly owned because of a connection already now is agreed that the common ownership shall pass on to from the buyer to the seller on basis of invoice sum. The buyer stores the common ownership of the goods without charging costs. Goods that are common goods partly to the seller will be declared in the following as conditional goods.
The buyer is authorized to manufacture the goods accordingly in course of business or to sell it as long as he is not in delay. Hypothecation or transfer by way of security is not allowed. The out of selling of the goods or because of another legal ground occurring outstanding bills from the conditional goods the buyer will now already transfer to the seller to the full extent. The seller accepts this transfer. The seller authorizes irrevocably the transferred outstanding bills on his account in name of the buyer. On demand of the seller the buyer will reveal the transfer of the claims and give every information under publication of all documents. In case of third parties access to the conditional goods the buyer will inform any third parties on the seller’s property and inform the seller. Costs and damages will carry the buyer. In case of behavior of the buyer against the contract the seller is allowed to take back the conditional goods on cost of the buyer or in some cases claim the transfer of entitlement against third parties. In case of the withdrawal as well as in case of garnishment of the conditional goods by the seller is no withdrawal from the contract.


§3


In the absence of another agreement, prices are ex-works and do not include expenses for packing, shipment, insurance and transport. If the place of fulfillment of the contract is not the delivery site, the prices also exclude unloading and transport of the delivered goods. If the conclusion of the contract does not fix the prices explicitly the seller’s list prices valid at the date of acknowledgement or order shall apply.


§4


Credit accommodation lies on the discretion of the seller. If a credit is granted and no other terms of payment are agreed the invoices sum are payable to the seller due 14 days of the date of invoice net cash. The payment is only accepted if the bank transfer has been credited to the seller’s bank account or the check or the acceptance has been credited to the seller’s bank account. For the on time submittal of the check to the drawee the seller does not take the accountability. Discounts and costs of payment activities goes on account of the buyer and are to be paid immediately. Salesmen and representatives are only allowed to accept payments if they show an authorization. If not, payments have to be made directly to the seller. On default of payment 8 % interest rates above the interest rate of ECB will be accounted. If products are being taken back out of accomodation 15% of product value are accounted for transport and backstoring costs.


§5


Are there warranted properties lacking on the article of sale, the seller can either deliver another product up to his choice or repairs. Other claims of warranty of the buyer against the seller are excluded, especially claims from possible subsequent damage cases of the buyer.


§6


Place of delivery for deliverance and payments and place of jurisdiction for all conflicts out of business connection with the seller – as well as for acceptance and buying protest – is Hanau / Maine, Germany. This settlement is only applicable for business people.


§7


Should one or more regulations be or will be ineffective the effectiveness of the others will not be affected. The not effective regulation is to be replaced by another that will reach the economic purpose the closest.
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 © H. Thylmann GmbH & Co. KG | 2016