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| Company related information |
Conditions of Sale and Delivery |
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| Applicable - Payment - Delivery - Retention of Title |
Applicable
Law Conditions of the Waren-Verein der Hamburger Börse e.V. (WVB) in the wording on the date of conclusion of the respective contract shall apply for all present or future offers and deliveries of the seller, in so far as they are not altered or amended by the provisions of this contract. Any conditional or different terms of the buyer, especially purchase conditions, shall not apply, even if seller does not expressly object. Buyers acceptance of goods shall be deemed as acceptance of the seller's Conditions of Sale even for future contracts. Buyer acknowledges that the Conditions of the Waren-Verein of the Hamburger Börse e.V. (WVB) are known to him. Additionally he is notified, that these Conditions are available at the Waren-Verein der Hamburger Börse e.V., Gro8e Bäckerstra8e 4, D-20095 Hamburg.
Payment
Unless otherwise explicitly stated, "net cash" is agreed upon as terms of payment. Buyer can only then set off with counterclaims or exercise a right of retention due to counter claims when they are undisputed or have been legally established as final and absolute. Regardless of the mode of payment agreed upon, seller can demand advance payment or the providing of security for his claims, if after conclusion of contract the financial circumstances of buyer worsen considerably or there is justified doubt to the buyer s solvency or willingness to pay. Should the buyer refuse the advance payment or to provide security, seller is entitled to withdraw from the contract, stop all further deliveries and demand compensation for the expenses incurred up to then.
Delivery
Seller has contracted to sell subject to his receiving correct and punctual delivery.
Retention of Title
Delivered goods remain property of seller until full payment of all claims, including claims arising in the future, of the seller against the buyer resulting from mutual business dealings. In case the goods are subjected to processing, the processing is performed for the seller, so that the seller is the producer of the new objects within the meaning of § 950 BGB, and becomes their owner. The new objects are also goods subject to reservation of property. Where the buyer joins, commingles, or processes the seller's goods with goods of other sellers, the seller shall always acquire common ownership of the new objects proportional to the value of the goods delivered by him to the value of the other goods. In case of paragraph 955 BGB, title to these objects passes to the seller at the moment they come into being. The buyer's claims resulting from the resale and every additional subsequent transfer of the goods subject to reservation of property have already been assigned to the seller. Rights of the buyer from assignments of chattels as security, assignments of claims as security contracts of guarantee and reservation of property as well as claims for compensation of the buyer against his customers pass to the seller by virtue of the relevant application of § 401 BGB. Buyer has the right to resell goods which are subject to reservation of property only in the course of orderly business. Where the buyer has already disposed of his claims from resales, in particular through a general assignment, or has already transferred ownership of the goods produced by him, or to be produced by him, to third parties in advance, he is neither entitled to process the goods which are subject to reservation of property nor to have the right of disposal thereof. Buyer is obligated on his part to resell goods which are subject to reservation of property only under the conditions of that reservation; the seller's reservation of property is maintained in such resales. Seller s reservation of property is subject to the condition that, upon full payment of all the sellers claims resulting from the mutual business dealings, title to the goods subject to reservation of property passes to the buyer at once, and assigned claims belong to the buyer. The seller is obligated to release, in accordance with his own selection, security to which he is entitled insofar as its value exceeds the claims to be secured by 25 %, but subject to the provision that release shall only be effected for such deliveries, or their replacement values, which have themselves been paid in full. In the event the buyer does not fulfill the incumbent contractual duties, or doubt arises as to his credit worthiness, the seller is entitled, without terminating the contract, to take immediate possession of the goods subject to reservation of property for purposes of turning them to account. The seller is not bound by the statutory provisions concerning the sale of pledged property. The seller is also entitled to take immediate possession of goods in which the seller shares title in accordance with the provisions of this paragraph. |
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