General terms and conditions (GTC)

MAYER & GEYER KG
Trade with fruit preparations
Hainbuchenweg 6, A - 8160 Preding/Weiz
Phone: (+43) 03172 / 67258-0
Fax: (+43) 03172 / 67258-20
E-mail: office@mayergeyer.at
Web: www.mayergeyer.at

FN: 161795 i – Landesgericht für Zivilrechtssachen Graz
UID-Nr.: ATU 43682500
DVR: 0976911

Bank detail:
Die Steiermärkische, Kto. 12500012906, Blz. 20815
IBAN: AT162081512500012906, BIC: STSPAT2G

Packages supplied by us are released under the ARA-licence number 14640.


1.) General

These sales conditions apply to all present and future business dealings between us and the buyer, even if we don’t contradict different conditions and counter-activities, which we explicitly deny hereby. Verbal side agreements and subsequent alterations of a contract remain valid only if we confirm them in writing.

Place of jurisdiction court is the Landesgericht für Zivilrechtssachen Graz. Assertively Austrian law prevails for all contracts. If single parts of this GTC should be void, this doesn’t affect the effectiveness of the other conditions. In that case legal provision supersedes the invalid conditions.

2.) Information service and advice

All oral and written information about suitability and application possibilities of the sold products are made to the best of our knowledge and belief. But they only represent experience values, which regularly aren’t considered guaranteed; they don’t justify any claims against us. The buyer in particular doesn’t become exempted to convince himself of the suitability of the product by proving, if it fulfills his designated purpose.


3.) Delivery conditions

We supply our products solely based on our GTC, latest version. The customer accepts it automatically by ordering products of our price list. Orders can be made verbal, by phone, written, by fax and by e-mail. Orders by e-mail are confirmed by us. Delivery dates are generally non-committal. They are an approximate statement at the best of our knowledge. We are entitled to bring the products in part deliveries of a reasonable extent. Claims for damages as result of delays in delivery aren’t due to customers. Customers aren’t entitled to claims of damages because of delays in delivery.

4.) Defects

After receipt of the product the customer has to check it immediately. If there should be a defect the customer has to inform us in writing and at all events with an explanation by no later than three days after receipt of the shipment. When defects are accepted we are entitled and obligated either to make a replacement or to correct the defects or to give the customer an adequate discount of the purchase price within reasonable time. Defective goods have to be treated and stored appropriately. Returns can only be made with our agreement. By the way according to the product liability lax towards companies no liability is assumed.

5.) Storage

All products have to be stored competently. Fruit preparations, fruit juice concentrates and rennet extract have to be stored cooled = storage in refrigerator or in cold storage cells at a temperature from +4 to +8° C. Cultures have to be stored deep-frozen = storage in a appropriate freezer at least –18° C or below. Milk and whey powder have to be stored in dry conditions.

The recommended period of time for consumption must be paid attention. We don’t compensate for damages as a result of careless storage resp. treatment.

6.) Billing

Our products are delivered in packaging units which can be found on the price list. Fruit preparations and fruit juice concentrates in barrels are subject to weight fluctuations, what is attributable to the production. The net weight can be seen on the relevant packaging unit. On fruit preparations with a net weight between 24,50 and 25,50 kg we reckon up 25 kg in general. Packages with a weight below or over it as well as fruit juice concentrates in barrels are reckoned up by their effective weight.

Our prices, which are stated in the currently in force price list, are net prices plus legal value added tax (VAT) of 10 resp. 20% at present. The prices are Euro-prices, payable according to the current conditions of payment within twenty days net without deduction.

In case of the customer’s delay of payment we are entitled to charge default interest in the amount of 14% p.a. and € 6 per reminder as well as to pass the demand for prosecution to a debt collection agency. The customer in default is obligated to compensate resp. to absorb all our dunning fees and collection expanses, charge expanses and lawyer’s fees, which arose from the use of the debt collection agency. All granted discounts, early payment discounts or other salaries become invalid. Furthermore we are entitled to hold back further shipments completely or partially or to reject them and we are entitled to charge the immediate payment of all shipments as well as prepayment. Delayed payment, insolvency to pay and the initiation of insolvency proceedings make all our claims payable immediately. Incoming payments are used for the repayment of the oldest debt.

Delivered goods stay pending payment in full our property. Third-party access on our delivered goods under retention of title or on possible assigned accounts has to be told us immediately.

If there are increases in freight, tax increases, tariff increases, hardenings of purchase or aggravating circumstances of force majeure after the completion of a contract, we are entitled to charge a corresponding premium from the deal partially or fully without compensation or to charge a penalty fee, if the billing hasn’t been done yet on our part. Adjustments of prices as a consequence of changes of raw material costs remain reserved.

Effective 01.10.2008