Fruit and vegetables - diversified, exotic and fresh!

Terms and Conditions of Sale and Delivery of the Company Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG

1.) Scope of Application

These terms and conditions shall apply to all present and future business relations. Terms and conditions of the buyer that conflict with, or deviate from, these terms and conditions shall not be recognised. All agreements made between us and the buyer for the purpose of implementing this contract shall be laid down in writing. All additional verbal agreements require a written confirmation by INTER.

2.) Delivery and Service

 If nothing else has been determined, the delivery takes place ex port or ex INTER warehouse in Hamburg.

Any trade in fruit and vegetables within Germany shall be governed by the above mentioned terms and conditions of business (AGBAG). Transnational business shall follow the COFREUROP terms and conditions as a supplement to the following terms and conditions.

The scheduled delivery dates can only be met under the condition that our suppliers supply us on time and according to agreement. Even in the case of periods or dates bindingly agreed upon, we shall not be held responsible for delays in delivery or performance that result from force majeure, strike, terrorism or from other events that make delivery significantly more difficult or impossible, not just temporarily, owing to reasons not imputable to us. Any of these events will extend the delivery date accordingly. These will be no claim compensation for the buyer due to the delivery time extension.

If the financial circumstances of the buyer worsen considerably in terms of Section 321 BGB, which would be the case after the petition for insolvency proceedings or suspension of payment, INTER is entitled to immediately withdraw from the sales agreement.

INTER is entitled to render subdeliveries and/or subservices at any time, unless such subdelivery or subservice is of no interest to the buyer. Shipment to the buyer, and possible loss of weight during transport, shall take place only at the buyer's risk and expense. Packing and pallets remain in the property of INTER and are to be returned.

2.a) Explanations

  • Classification: Class Extra / Class 1 / Class 2. Identification mark printed on packaging. If nothing else has been determind, the goods will be Class 2.
  • Handling: as identified on packaging, or else please view on invoice:
       1 = untreated after harvesting
       2 = waxed
       3 = conserved with orthophenylphenol
       4 = conserved with thiabendazol

3.) Prices

Generally prices are as agreed upon at the time of the placement of the sales order, plus sales tax.

4.) Retention of Title

The goods delivered shall remain our property until all our present and future claims against the buyes under the business relationship, including all such claims arising from contracts concluded at the same time or at a later date, have been settled. This shall also apply, if some or all of the seller's claims have been included in a running account, and the balance has been calculated and recognised.

The buyer shall be entitled to on-sell, in the ordinary course of business, the goods that are under retention of title. As collateral, the buyer hereby assigns to us all claims accruing to it against purchasers or third parties as a result of such on-selling. The seller hereby accepts this assignment. The buyer shall, even after this assignment, be authorised to collect these claims. The seller may demand that the buyer notifies it of the claims assigned and the debtors concered, provides all information necessary for collecting these claims, hands over all relevant documents and gives the debtor's notification of this assignment.

5.) Segregation

If a third party gains access to the goods that are under retention of title, such as through common garnishment, the buyer has to advice of INTER's ownership. INTER shall be granted the rights listed in Section 47 and 48 of the German Bankruptcy Act to the right to segregation.

6.) Payment

If nothing else has been determined, INTER invoices shall be payable net cash, without any deduction, upon receipt of the invoice. The buyer is not permitted to settle INTER invoices with counterclaims or exercise a right of retention.

If payments are deferred or made later than agreed upon, interest at the rate of 8% above the respective base interest rate of the ECB (European Central Bank) shall be charged for this interim period, without special notice of default having to be given. The right to assert any further damage claim shall remain reserved. Cheques shall be accepted only on account of payment.

7.) Place of Jurisdiction

The place of jurisdiction is the registered business address of INTER.

The terms and conditions of business and the entire legal relationship between us and the buyer shall be governed by the laws of the Federal Republic of Germany. Hamburg shall be the exclusive place of jurisdiction for all disputes ensuing directly or indirectly from the contractual relationship.

8.) Severability Clause

If a clause of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this agreement will continue in effect. The unenforceable clauses are to be replaced by a reasonable provision, in order to ensure that the intended purpose will be achieved in a lawfully acceptable manner.