General terms of business
§ 1st order
With the placing of order the customer recognises the following achievement and payment terms. The order is only obliging for the supplier if his acceptance has been confirmed in writing. From these achievement terms and terms of delivery divergent or additional arrangements are valid only if they have been confirmed by the supplier in writing. Verbal additional agreements were not met with the placing of order. Forming after end of the bill of sale reasonable doubts about the solvency or creditworthiness of the customer, so we are entitled to put back the delivery / service up to the backup of our claims. Moreover, we are entitled to require the security for our claims within adequate term. At the end of this term we reserve ourselves to withdraw under assertion of our claims from the contract. Divergent achievement terms and terms of delivery of the customer are valid only in this respect when they are recognised by the supplier in writing.
§ 2nd price
All offers and sales them the area of MarCont with products of African origin concern get on, if nothing notes the contrary, not-binding from harbour of Lomé (Togo), excluding packaging, cargo, payment of duty and transport assurance. The retail prices valid with placing of order are valid it. We reserve ourselves to carry out in case of from raw material price or wage changes as well as other cost rises, adequate prize corrections.
§ 3rd payment
The precash or a bank guarantee issued on the calculation gross amount is valid in general as a payment aim for MarCont and their African agricultural products. The payment is valid on the day as performed in which we can dispose of the amount. With non-cash mode of payment the payment is valid as performed if finally it was credited to our account. Our demands become due immediately if the payment terms are not kept or facts become known which demonstrate a creditworthiness of the buyer after dutiful, business judgement in question. If the acceptance of a delivery is refused with in writing agreed instalment unjustified, the approval of the payment aim and the agreed price lapses immediately due. At the same time the whole debt balance of the customer, also from other shops, immediately to the payment becomes due. In addition, we are entitled with non-acceptance by goods without our fault to withdraw after settlement of an adequate extension, from the contract or to require compensation because of non-fulfilment. In addition, compensation claims are not excluded with it. Payment by change is excluded provisory expressly of other arrangements. An exceptionally acceptance of acceptances is valid only as long as as a purchase price extension as in the economic relations of the buyer no disadvantageous changes enter or become known. Discount expenses and other change expenses are to be paid by the buyer anyway immediately according to job. The acceptance of cheques and changes occurs not Erfüllungsstatt, but only fulfilment-half. Foreign deliveries occur in general provisory of other, written arrangements only against irrevocable, several times transferable and divisible, at a bank to be named by us to be provided, confirmed and for us document letter of credit free of charge.
§ 4th delivery
The given delivery times are non-binding. The term of the delivery times called by us begins after purification of all details authoritative for the order implementation according to our confirmation of order. The product is valid in every case as from harbour of Lomé delivered and travels on danger of the buyer, even if possibly the price was freely settled destination. The choice of the dispatch kind occurs after the best judgement of the supplier or after choice of the customer For through fault of presuppliers delayed or omitted deliveries the supplier has to answer in no case.
§ 5th packaging / postage
Packaging and cargo for pattern broadcastings is calculated to the cost price plus an insurance-all-inclusive at the rate of 1.2% if not differently agrees. All other information see §2 Price.
§ 6th delay of delivery
Claims to compensation as a result of delayed delivery or achievement performance are excluded. In case of higher power, how operational disturbances or traffic blocks etc. with ourselves or our untersuppliers we are entitled without liability for any damages to withdraw from the contract all or part if not adequate extensions are granted.
§ 7th objections
Objections have immediately with entrance of the product or achievement performance to occur at the latest 5 days after receipt of the same. Any objections because of defective state of the product do not entitle the customer to withdraw from the contract or to demand subsequent delivery of product free of lack, but he can claim only substitute of the reduced value.
§ 8th retention of title
Up to the fulfilment of all demands which are entitled to the supplier for every legal argument against the buyer now or in future is valid the following retention of title:
a) The delivered product remains in the property of the supplier. The customer keeps the property of the supplier free of charge. The achievement in which is entitled to the supplier Eigentum is called in following reservation product.
b) The customer is entitled to dispose of the reservation product in the proper business dealings, as long as he is not in the delay. Verpfändungen or protection conveyance are inadmissible. Now from the resale or other legal argument with regard to the reservation product to originating demands the customer already resigns protection-half to the full extent to the supplier.
c) With access of third to the reservation product the customer will point to the property of the supplier and inform this immediately. Costs and damages carry the customer.
§ 9th guarantee
We take over for the goodness of our delivered agricultural products in this respect a guarantee that we arise within an adequate term from delivery date for entitled objections by compensation after our choice. Besides, it must concern provable high-class mistakes which affect the flawless state of our product considerably and have originated before the danger crossing. It are to be sent to us some patterns with specifics about the objections to the examination. Any claims are immediately to be asserted after discovery of the mistake in written form and the objection must be specified precisely. General information, as for example "uselessly", "bad product", is not enough.
Any claim is cancelled with forcible or improper treatment and storage. Our fault removal is cancelled further if without our written approval measures are carried out for the removal of the objections. The same is valid for damages which were caused by pollution beyond the products delivered by us. The duty for the finishing touches or subsequent delivery is cancelled, as long as the customer to his contract duties does not follow. Every fault achievement and product liability is excluded with:
additional changes in our products, also if such changes are not a cause for a perhaps appeared damage.
- Use of our products for not to his originally intended intended purpose, also if our product is suitable for this intended purpose.
§ 10th taking back of delivered goods
Because our goods are excluding natural products. If a taking back is excluded, also with afterwards ascertained defects. The burden of proof whether compared with the order a fault of supplier is given lies with the customer. The delivery of our products occurs immediately after the harvest or the next subsequent treatment to an optimum route of transport which guarantees the freshness of the product up to the customer and, in addition. Therefore we grant that only flawless products reach the customer.
§ 11th liability
We stick for our own fault, for fault of our employees, employee and other fulfilment assistants, immediately for which legal argument; in particular from fault at contract negotiations, positive breach of contract, unauthorised action, always only with intention or coarse carelessness. For the rest, togolesisches right is valid with the exception of the regulations of the uniform law about the international purchase of movable things (ECG) as well as uniform law about the end of international bills of sale about movable things (EAG).
§ 12th place of fulfilment
Place of fulfilment and legal venue for delivery and payment is a seat of the supplier. It is worth the Togo reading broad for right under explicit exclusion of the UN-purchase right (CISG).
§13. Severability clause
Should one of the abovementioned conditions be ineffective, it is substituted to her sense most near standing, effective regulation. The ineffectiveness of single components of the contract has no effect on the effectiveness of the remaining contract components. In the case of doubt are valid the regulations of the legislator or the appropriate administration of justice. With every new order our preceding terms of business are valid as approved. Talk is a French.
MarCont / December, 2014