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.
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.
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.
Lörrach, November 1, 2019