GTC

Sales and payment conditions.

 1. Offers.

All offers based on our Internet Shop are without engagement, non binding and do not require the acceptance of an order.

Verbal offers require confirmation. In case of doubt the written confirmation applies.

 2. Order acceptance.

Issuing of the order signifies agreement with our conditions. Variations of the conditions of the orderer are for us also non-binding if we do not expressly contradict them.

 2. Prices and payments.

a) Our Internet Shop if foreseen for supplying professional fishermen and prices are understood therefore to be net plus statutory VAT of 19 %. Deliveries to seagoing vessel companies are currently not subject to VAT.

b) Our prices are non-binding in respect to the occurrence of essential changes of the raw material prices, exchange rates for imported goods, costs and wages according to publication of the prices and with this the change to the calculation basis. Such alterations entitle us to corresponding price adaptations.

c) Our prices are understood to be ex works Bremerhaven and Büsum respectively inclusive of standard packaging. Shipping costs are calculated separately.

d) For cost reasons orders under a certain net goods value can not be executed. For details of this please consult the “Special Conditions” of our Internet Shop.

e) Bills of exchange and accept orders are not valid as payment. They are only accepted as half payment and half fulfilment. With possession or transfer of business title immediate maturity of the entire invoice amount in cash takes place.

f) Part deliveries are calculated separately. For the payment, the agreements made with the corresponding time deferral are applied.

g) If there are delays in payment or deviation from the payment conditions we reserve the rights to payment of debit taxes and costs incurred from private banks.

h) If the financial situation of the purchaser unfavourably alters during the duration of the contract or if the delivery company obtains about it insufficiently information to their mind, or if the payment of the due payments is not made in accordance with the contract, then the delivery company is authorised to claim, irrespective of their otherwise statutory, vested rights, advance payment or backup of the retail price of the still outstanding delivery of all current contracts and immediate payment of unworked invoice amounts even if bills of exchange have been given for this and to take goods not yet paid for back into their immediate possession. Moreover, in this case it is entitled to withdraw from old contracts insofar as they are not fulfilled, completely or partially.

i) With default on payment we are entitled to pass on to the defaulter the required, juridical measures as well as out of court collection costs.

j) Discounts can only be granted if no further overdue debts to us exist.

 4. Delivery time.

Delivery times are specified on behalf of the purchaser and their acceptance does not signify a promise of delivery. In case of exceeding the delivery times, claims for compensation cannot be made. Force majeure, also strikes at our company or our suppliers as well as the inability of our suppliers to deliver deliberate us from delivery commitments and respectively lengthen the delivery times depending on the circumstances of the mentioned situations to a suitable extent.

 5. Ownership reservations.

a) Complete payments are valid as achieved negatively against the entire account debt.

b) All delivered good remain our property until full payment of debts including possible taxes and costs and also then even if the retail price demand concerned should go down through balance externalisation and acceptance. The reserved ownership is also then valid as security for the demand of the balance. Bills of exchange, accept orders and cheques are valid as payment only after being successfully cashed. If the goods delivered by us before payment of the purchaser are sold on by the latter then it goes as agreed that the originating demand applies to the acceptor with the original price of our still open demand with urgent effect and the goods are assigned to us and are our property. In this case the purchaser is bound to inform the acceptor of the assignment.

c) If the goods of the purchaser, in accordance with § 950 Civil Code, are passed on then the seller transfers to the purchaser in accordance with § 950 Civil Code the ownership of the manufactured things. The purchaser is entitled to transfer the goods and the products manufactured from them respectively in the course of business according to the rules. At the outset, he assigns at each stage on receipt of the goods all existing claims from him in the case of the further transfer of the goods to his own acceptor at the price of his still existing retail price debt. The purchase is also not entitled before full payment of the retail price to assign transfer or supply collateral the purchased goods for the purpose of credit procurement or for other third parties in particular a finance institute without our approval. Likewise distraints or other damages to our property are to be communicated to us immediately. The purchaser covers the transport as well as fire insurance and that is before the dispatch time of the ordered goods and is liable for any damage or deprecation.

d) For payment adjustment for us the bankruptcy arrangement of § 46 loco ciato rights to removal of the goods and assignment of the rights to return service respectively are exclusive.

 6. Place of performance.

The place of performance for delivery and payment is Bremerhaven. For collection of payments nobody else but the delivery company is entitled. Only on payment default can a lawyer and a collection company respectively be instructed to seize our receivables.

 7. Complaints.

Possible complaints can only be considered within 14 days after receipt of the goods. If on delivery by a parcel service / carrier damage to the packing occurs then this damage is to be mentioned on the receipt confirmation.

 8. Validity.

These conditions are applied immediately. Should a condition be legally ineffective then the other conditions of sale and payment are upheld.

 9. Governing law.

These terms and conditions are governed by and to be construed in accordance with German law. Any disputes shall be subject to the exclusive jurisdiction of the German courts. The area of jurisdiction for all kinds of lawsuits is exclusive the Bremerhaven local court.