GENERAL TERMS AND CONDITIONS (AGB)

GENERAL

Offers, services and deliveries of Pakka Sourcing GmbH (Pakka Sourcing) are made exclusively on the basis of these terms and conditions. Deviations from these terms and conditions are only effective if Pakka Sourcing confirms them in writing. By placing an order, the buyer agrees to these terms and conditions. General terms and conditions and similar documents of the purchaser do not have any legal effect, even if reference is made to them. The unconditional acceptance and/or execution of customer orders by Pakka Sourcing does not imply tacit acceptance by Pakka Sourcing of the buyer’s GTC.
Should any provision of these terms and conditions or any provision of the other agreements be or become invalid, this shall not affect the validity of the remaining provisions and agreements.
All information on the goods, in particular technical and chemical information provided by us, our suppliers or manufacturers, serves exclusively to describe the product and is provided without any guarantee of its correctness. In particular, such information does not represent any assurance of properties. Offers in product and price lists, brochures and advertisements concerning weight, dimensions, filling and price are subject to confirmation and only become binding when they have been expressly designated as such in the order confirmation or in the specifications. Analyses shall be carried out as agreed.
The buyer is bound to his written, verbal or telephone order for one month. The contract is concluded when Pakka Sourcing confirms acceptance of the order within this period or the goods are accepted without reservation upon delivery. Pakka Sourcing will inform you as soon as possible of any rejection of the order or of any non-deliverability.
Pakka Sourcing reserves the right to check delivery requests for their intended use and to check the creditworthiness of the legal and natural persons responsible for the request.

DELIVERY

An agreed binding delivery period shall commence on the day of Pakka Sourcing’s written order confirmation. As long as contractual partners of Pakka Sourcing are in arrears with their contractual obligations, the delivery period shall be deemed postponed.
If Pakka Sourcing is prevented from delivering due to force majeure, the delivery date is automatically extended by the duration of the force majeure plus a reasonable start-up period. Unforeseeable circumstances for which Pakka Sourcing is not responsible and which make delivery unreasonably difficult or impossible for Pakka Sourcing shall be deemed equivalent to force majeure. Examples of this are delays in delivery by the intended upstream suppliers, labour disputes, political unrest, official measures, raw material or energy shortages, major operational or transport disruptions as well as natural disasters and crop failures. If these circumstances persist for more than one month, Pakka Sourcing has the right to withdraw from the contract. At the buyer’s request, Pakka Sourcing shall declare whether it will withdraw or deliver within a reasonable period to be determined by Pakka Sourcing. Claims for damages by the purchaser are excluded.
In the event that Pakka Sourcing exceeds the agreed delivery period by more than six weeks, the purchaser must set a reasonable period of grace in writing. If this period has expired unused, the buyer is entitled to withdraw from the contract and to reclaim payments already made against return of the deliveries made in perfect condition.

ACCEPTANCE OF GOODS

Dispatch and transfer of risk shall be governed by the agreed INCOTERMS.
In the event of loss of the products during transport and transport damage, the purchaser must immediately arrange for the carrier to take stock of the facts and inform Pakka Sourcing.
If the purchaser does not accept products that have been reported ready for dispatch in time, Pakka Sourcing is entitled to store the products at the purchaser’s expense and risk and to demand payment of the order price or, after expiry of a reasonable period of grace, to refuse performance of the order and claim damages for non-performance.

COMPLAINTS

The buyer must inspect the delivered goods immediately upon receipt for transport damage, obvious defects and warranted characteristics. Visible transport damages are to be confirmed immediately by the deliverer on the delivery note and by the buyer on the shipping document to be acknowledged, as required by the insurance conditions of the forwarding agents. Warranted characteristics are only those which have been expressly designated as such in the order confirmation or in the specifications. Identity with any samples, descriptions or earlier deliveries is not guaranteed. Minor optical, olfactory, technical or other qualitative deviations within the tolerance range of natural products shall not give rise to any legal claims. The purchaser must notify Pakka Sourcing immediately of any other obvious defects in the goods, but within 24 hours at the latest.
If the goods are defective for which Pakka Sourcing is responsible, Pakka Sourcing may, at its discretion, reduce the purchase price, deliver replacement goods or refund the purchase price, the latter two options with return delivery of the defective goods by the purchaser. Other or further claims, in particular for compensation for direct or indirect damage or loss of profit, are excluded.
The assertion of warranty claims shall have no effect on payment obligations and payment periods. If the purchaser does not meet his payment obligations or does not do so on time, the aforementioned warranty obligations of Pakka Sourcing shall therefore be suspended until the payment obligations have been met.
Official complaints regarding products supplied by Pakka Sourcing must be forwarded to Pakka Sourcing within 48 hours. If the objection period for official complaints (5 days) has expired before Pakka Sourcing has been notified of the complaint, no credit note will be issued for the invoice of the official body.
Pakka Sourcing’s warranty does not cover damage caused to the buyer by improper or negligent handling, natural shrinkage, moisture, excessive heating, other unusual weather and temperature influences or punctual pest infestation. The buyer must prove that he is not at fault.
All liability exclusions mentioned in these General Terms and Conditions do not apply to unlawful intent or gross negligence on the part of Pakka Sourcing, but they also apply to unlawful intent or gross negligence on the part of auxiliary persons. Pakka Sourcing also excludes its liability for slight negligence on the part of its auxiliaries.

RETOURS

Returns can only be accepted and reimbursed after prior agreement with Pakka Sourcing. Unagreed and unfranked returns will be consistently rejected. Damaged items or items that have already been awarded prizes by the buyer cannot be refunded.

DATA WARRANTY

Pakka Sourcing guarantees a minimum sales period for all products with an expiry date printed on them.

TERMS OF PAYMENT

The delivered goods remain the property of Pakka Sourcing until full payment has been received. Unless otherwise agreed in writing, payments are due on the date of the delivery note and are to be made at the domicile of Pakka Sourcing without deduction of cash discount, expenses, taxes, levies, fees, customs duties and the like. Where the order confirmation does not specify the payment period, this shall be 30 days from the due date.
If transfer restrictions for foreign currencies exist in the buyer’s country, the buyer is in any case liable for any currency losses arising between his payment in local currency and the unrestricted availability in euros at the domicile of Pakka Sourcing.
In principle, Pakka Sourcing can only execute orders if no invoices are overdue. Credits will be refunded with the next invoice.

COURT OF JUSTICE

The place of jurisdiction for all disputes arising in connection with these General Terms and Conditions, further agreements between the parties and the deliveries based thereon shall be the registered office of Pakka Sourcing. Pakka Sourcing is also entitled to sue at the customer’s place of business. The legal relationship is subject to German substantive law. The United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (so-called Vienna Sales Convention) is excluded.
The “International Commercial Terms” (INCOTERMS) used between the parties shall have the meaning given to them by the International Chamber of Commerce in Paris (IHK) in its last publication of INCOTERMS at the time of conclusion of the contract.

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Lörrach, November 1, 2019