Freshwater fish - General terms and conditions
Clear-cut general agreement terms are important factors for mutually reliable business relations. Please observe our sale and delivery terms as they include terms as well as guarantees.
1. The sale and delivery terms cover the entire fish supply, e. g. eggs, sperm and fish in all age groups and processing forms.
2. All offers and quotations are subject to confirmation and require the written consent of the customer. The supplier is required to notify the customer immediately it is apparent that the delivery terms cannot be adhered to.
3. All transport costs are to be borne by the customer, with the supplier guaranteeing that the fish reach their destination alive. This guarantee only covers transport in the suppliers' vehicle. Fish that are collected by the customer at the production facilities are transported at his own risk. A faultless clearance is guaranteed.
4. All prices are to be understood as from the production facilities, plus the stipulated VAT. In the event that the delivery is carriage paid or free to watercourse, then this applies only to an unloading point at an easily-accessed venue at a time previously arranged by one of the parties.
5. Invoices are payable immediately on receipt with no deductions. In the event of default, 1.50% interest will be due for each month in arrears. Incremental costs will be borne by the customer.
6. All rights are reserved as to the size, weight and the resulting sales price of freshwater fish, which can vary as much as 20%.
7. The decision as to whether the fish are to be delivered to a plant or watercourses is entirely that of the customer, and he or she bears the consequences.
8. Any complaints or reclamations are to be made within 24 hours. Should the complaints be founded, the customer has the right to reduce the invoice by the corresponding amount, or demand a credit note when a replacement is not possible. Any other claims, especially in regards to compensation for consequential damages are, as far as legally possible, excluded. For epidemic reasons, it is not possible to take back fish already delivered. .
9. In the case of living fish we confirm that at the time of the delivery neither the fish nor the stock from which they are supplied, show any signs of notifiable diseases. Any claims for a more advanced health guarantee are excluded. The customer has the option of examining the fish himself, or employing an authority at his own expense to carry out examinations: notification of the results must be made prior to delivery.
10. The fish remain the property of the supplier until payment is made in full.
11. Any alterations to these provisions only become valid when a written agreement is reached.
12. The place of jurisdiction is the relevant court for the supplier.