Terms of Trade and Payment
Reh Kendermann GmbH, Am Ockenheimer Graben 35, D-55411 Bingen/Rhein
1. Offers
Offers are not binding as are volume or quantity figures. Contracts and contractual agreements require our consent in writing in order to be valid. Samples are always type samples. Upon the edition of a new price list all previous price are automatically void.
2. Orders
Orders are only to be considered as being accepted if and when apprived by us in writing or when invoiced.
The confirmation of sale is under the explicit reservation that there are no changes or alterations to home or foreign import and export regulations, customs regulations, market organization regulations, fees or any other taxes.
3. Delivery
Delivery is effected under the terms as specified in our price lists and offers. Transport is in the name and at the costs as well as risk of the customer. Measures fo state or municipal authorities, disruptions in our firm, strikes of force majeure release us from the delivery obligation or at our choice give us the possibility to renounce the contract. A rise in state-monopoly charges or the VAT (value added tax) entitles us to increase prices against current price lists and offers or to renounce the contract.
4. Conditions of Payment
In case of no other explicit agreements our invoices are payable without deductions 30 days after invoicing, loading at Bingen. Nonfulfillment of the conditions of payment does entitle us to renounce the contract of sale without notice or to demand payment of a retainer. In case of retarded or non-payment we are entitled to debit the usual bank overdraft interest valid at that time. In case the purchaser stays in arrear with payment all other debts are payable instantly. Payment by cheque or bill of exchange is considered as payment only when cashed. Interest and other bill charges are borne by the customer. Payment has to be made in the currency as agreed upon or as invoiced.
5. Packing
Packing material which has been given as a loan free of charge is to be sent back in good condition at the costs of the customer.
6. Reclamations
Reclamations will only be considered if made within two weeks after receipt of the goods. They have to be made in writing to us. Hidden faults which cannot be discovered by an inspection, which has to be made without delay, can only be claimed if the reclamation is made in writing within six months after the goods have left our firm.
In case of justified reclamations we are – under exclusion of any other claims – entitled to deliver replacement goods or to refund the purchase price. Damage and losses due to transport are to be claimed against the transport or the executing shipping firm.
7. Retention of Title
Delivery of goods is made under retention of title until full payment. The goods may not be pledged or attributed to a fixed or floating charge nor may the title be transferred for reasons of securing a debt. Ownership is only transferred once all our claims are settled – including minor claims – deriving from all deliveries effected. In case of resale all claims against third parties arising from the resale are fully assigned to us. We are untitled to inform the third parties about the assignment and to instruct for payment. The retention of title is not affected by taking our claim into a running and accepted account. The resale of goods sold under retention of title may only be effected within the usual business of the purchaser’s company. Sales differing form this need our prior consent provided our ownership would be affected.
8. Place of Performance
Place of performance for both parties relating to all rights and obligations out of this contract is Bingen/Rhein.
9. Opposing Terms of Contract
Opposing terms of contract are not recognized by us. Delivery of our goods will be only subject to these conditions of delivery and payment.
10. Other Agreements
Agreements in writing overrule these printed conditions. Agreements – no matter what kind – by word of mouth are void.
11. Propper Law of the Contract
Both parties stipulate the Law of the Federal Republic of Germany to be proper law of their contract. Application of the Treaty of The Hague for the sale of goods is excluded.
12. Voidability and Nullity
The eventual voidability or nullity of one or several of the previous paragraphs does not affect validity of the others.
13. Place of Jurisdiction
Place of jurisdiction for any claims or litigations, including litigations about bills of exchange or deeds, is the Amtsgericht Bingen resp. Landgericht Mainz, provided both parties are Business tradesmen in the sense of the German commercial code.
REH KENDERMANN Weinkellerei – Weinexport, Am Ockenheimer Graben 35, 55411 Bingen