Our general terms and conditions shall remain effective as part of the contract even in the event of conflicting other general terms and conditions (e.g. on documents such as orders, order confirmations, etc.), unless we have given our express written consent to deviations. We shall not be bound by the customer's terms and conditions of purchase, even if we do not expressly object to them. These terms and conditions shall also apply to further deliveries without further express agreement. Verbal collateral agreements and subsequent amendments to the contract shall only be valid if confirmed by us in writing. Our offers are subject to change. We reserve the right to prior sale. All prices are primarily based on the cost situation on the date of the offer. In the event of a change in one of the cost-forming factors, we shall be entitled to adjust the price. If meat and sausage samples are taken from our deliveries by the authorities for inspection purposes, you are under a binding obligation to request an official counter-sample from the responsible authorities and to send this to us immediately. Information about recipes, prices, delivery conditions, quantities etc. must be treated confidentially and not passed on to third parties. Insurance of any kind shall only be taken out at the request and expense of the customer to the extent requested by him.
The risk shall pass to the buyer at the latest when the goods are dispatched (ex works, ex factory); otherwise, however, at the agreed time of handover or acceptance. Transport risk and loss of weight during transport shall be borne by the buyer. If the dispatch of goods ready for despatch is not possible through no fault of our own or is not desired by the buyer, we can - if we have free capacity - store the goods at the buyer's expense, whereby the delivery is deemed to have been made and the risk is deemed to have passed. Compliance with the agreed delivery period shall be subject to unforeseeable circumstances or circumstances beyond the control of the parties, such as all cases of force majeure and the like. This also includes warlike events, official interventions and prohibitions (including those of foreign authorities), transport and customs clearance delays, transport damage, energy and raw material shortages, labour disputes and the like. These demonstratively named circumstances shall entitle the customer to withdraw from the contract or to extend the delivery periods if they occur with suppliers. Partial deliveries are permissible. In the event of a shortage of goods, we reserve the right to divide deliveries according to the quantities of goods available. If compensation for delayed delivery was agreed between the contracting parties when the contract was concluded, this shall only be paid if the buyer has suffered demonstrable damage in this amount. The assertion of further claims for damages and cancellation of the contract by the buyer are excluded. If such an agreement has not been concluded, no claims for damages due to delayed delivery can be asserted. Claims for damages due to impossibility of performance for which we are responsible are excluded in the case of slight negligence. We are not liable to companies in accordance with the applicable version of the Product Liability Act.
Justified complaints can only be taken into account if they are made in writing immediately after receipt of the consignment, stating the reasons. The occurrence of defects shall not entitle the customer to withhold the purchase price or any part thereof. The goods delivered by us must be inspected immediately upon receipt, handled properly and stored or processed in accordance with the relevant regulations (e.g. Codex, guidelines, ordinances, etc.), in particular the Meat Hygiene Ordinance. The goods must be stored in accordance with the storage conditions printed on the packaging.
This means:
Our prices are net prices, payable and due immediately upon receipt of the invoice, without any deduction. In the event of late payment, we are entitled to charge interest on arrears of currently 5% p.a. (plus VAT) above the applicable bank rate. All costs of recovery (in particular dunning and collection costs), whether judicial or pre-litigation, or all costs incurred by a credit or collection organisation as a result, shall be borne by the defaulting party. The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims. If the buyer is in default of payment, or if circumstances become known after conclusion of the contract which call his creditworthiness into question, if he suspends his payments, or if the initiation of insolvency proceedings is considered, all claims shall become due immediately. Incoming payments shall be used to settle the oldest debt. We shall then be authorised to make outstanding deliveries only against cash or advance payment or the provision of security. The Buyer agrees that we are authorised to take over the debts of companies of the Handlbauer group of companies in their place and to offset them against claims of the Handlbauer group of companies against the Buyer.
We reserve the right of ownership to the object of purchase or to the resale proceeds until full payment has been made. This reservation shall not be cancelled by processing, mixing, in whatever form and at whatever location. As long as the buyer is in a position to fulfil his obligations to us as agreed, he is entitled to dispose of our reserved property in the ordinary course of business. Extraordinary disposals, such as pledges, transfers by way of security, assignments, etc. are not permitted. The Buyer shall notify us immediately of any access by third parties to the goods and claims subject to our retention of title.
This meat comes from animals that were found to be fit for consumption and was obtained, processed, stored and transported in accordance with the provisions of the (Poultry) Meat Hygiene Ordinance.
The place of fulfilment and jurisdiction for both parties is the competent court at the registered office of our company. Austrian law shall apply.
