General terms and conditions (GTC)

General terms and conditions (GTC) of the

 

MAYER & GEYER GmbH

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: 395893 x | LG f. ZRS Graz | UID-Nr.: ATU 6787091 | EORI-Nr.: ATEOS1000053624 | DVR: 4010039

 

Bank account:

Die Steiermärkische, Kto. 12500012906, BLZ: 20815 | IBAN: AT162081512500012906, BIC: STSPAT2G

Raiffeisenbank Weiz, Kto. 13680, BLZ: 38187 | IBAN: AT483818700000013680, BIC: RZSTAT2G187

 

Packages supplied by us are released under the ARA-licence number 14640, S-80494.

 

1.) General

These sales conditions apply to all present and future business dealings between us and the buyer, even if we do not 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 does not 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 are not considered guaranteed; they do not justify any claims against us. The buyer in particular does not 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. Customers are not entitled to claims of damages because of delays in delivery.

 

4.) Defects, complaints

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. Furthermore all relevant data, such as article number, batch number, period of minimum durability (german abbreviation MHD) as well as fotos, on which the complaint is clearly evident, have to be announced resp. to be presented for the further prozessing of the complaint. When the quality defect is justified, an airtight packed sample has to be handed over resp. sent to us as fast as possible. When defects are accepted we are entitled 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 until the clarification of the defects. 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 have to be kept in a cool place = storage at a temperature of 10° C (+/- 5 C°) and in the original sealed bag. Opened bags have to be manufactured immediately. Fruit juice concentrates and rennet extract have to be stored cooled in refrigerator or in cold storage cells at a temperature from 0-7° 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. It must be paid attention to the recommended period of minimum durability. We do not 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 and will accordingly be settled. Our stated prices, according to the actual valid price list, are net prices plus the legal value-added tax of 10 resp. 20% at present. The prices are Euro-prices payable according to the current valid terms of payment within 20 days strictly net without any deduction.

 

In case of the customer’s delay of payment we are entitled to charge default interest in the amount of 10% p.a. and € 10 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 occur 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 has not been done yet on our part. Adjustments of prices as a consequence of changes of raw material costs remain reserved.

 

Effective 01.01.2012