General
Terms and Conditions

1. terms of delivery and payment
Our terms of delivery and payment apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms of sale unless we have expressly agreed to their validity.

2. offer
All offers are non-binding, unless expressly stated otherwise. Orders are only considered accepted once they have been confirmed by ^Bakerman®. The delivery of the goods is also considered as a confirmation.

3. prices
The prices are based on the price list valid on the day of delivery – subject to change.

4. reservation of right of withdrawal
We are entitled to withdraw from the contract if unavoidable hindrances occur in the procurement of raw materials as well as events of force majeure (e.g. insufficient harvest, transport difficulties, official decrees, strikes, lockouts, unforeseen operational disruptions, energy shortages, traffic disruptions) and these are not only temporary. Claims for damages are excluded in this case.

5. transfer of risk
The risk is transferred upon delivery by ^Bakerman® or by freight forwarders commissioned by ^Bakerman® with the handover at the place of destination or upon collection by the customer or vehicles driving on his behalf when the goods have left the loading space or the loading ramp of ^Bakerman®.

6. delivery
Agreed delivery periods shall be deemed approximate within reasonable tolerances. Deliveries shall be made free domicile unless otherwise agreed.

7. default of acceptance
If the customer is in default of acceptance, ^Bakerman® may withdraw from the contract after a grace period of no more than 14 days and claim damages.

8. terms of payment
Unless otherwise agreed, invoices are payable in full within 10 days of the invoice date. Offsetting or the exercise of rights of retention shall only be permissible with counterclaims that have been legally established or are undisputed. If payment is made after the due date, interest at the usual bank rate will be charged from the due date. Checks are only accepted on account of payment. In the event of deterioration of the Buyer’s financial situation or any other threat to the payment claim, ^Bakerman® is entitled, even after prior confirmation of the order, to demand security or advance payment of the invoice amount at its own discretion. In such cases, ^Bakerman® may also demand immediate payment of all outstanding claims. In addition to the announcement of insolvency or composition proceedings, ^Bakerman® understands deterioration of the financial situation to include in particular the exceeding of targets for other claims.

9. retention of title
^Bakerman® asserts retention of title in accordance with § 449 BGB for all delivered goods until all claims (including all current account balance claims) to which ^Bakerman® is entitled against the customer now or in the future have been settled. The customer may dispose of the goods in the ordinary course of business as long as he is not in default of payment. Pledges or transfers of ownership by way of security are not permitted. The customer hereby assigns to ^Bakerman® in full the claims arising from the resale of the reserved goods (including all current account balance claims) by way of security. The customer is revocably authorized to collect the claims assigned to ^Bakerman® in his own name. The direct debit authorization can be revoked if the customer does not properly fulfill his payment obligations. In the event of access by third parties to the reserved goods, the customer shall point out the ownership of ^Bakerman® and inform ^Bakerman® immediately. In the event of breach of contract by the customer – in particular default of payment – ^Bakerman® is entitled to take back the reserved goods or to demand compensation. ^Bakerman® will, upon request, release the given securities at its own discretion, insofar as their value exceeds ^Bakerman® claims by more than 10%.

10. warranty
Visible defects and quantity deviations must be confirmed in writing by the carrier immediately upon acceptance of the goods. In addition, the customer shall inspect the goods to a reasonable extent immediately upon receipt and notify us of any defects immediately upon discovery. The goods shall be stored and handled properly until a subsequent inspection. In the event of justified complaints, the customer may demand delivery of defect-free goods. If the supplementary performance fails, the customer shall be entitled, at its option, to demand rescission or reduction.

11. written form / nullity clause
Deviations from these terms and conditions and other agreements are only valid if they are confirmed in writing by ^Bakerman®. Should individual provisions of these terms and conditions be invalid, this shall not affect the remaining provisions.

12. place of fulfillment and jurisdiction
Place of fulfillment and jurisdiction is Gronau i.Westf. All legal relationships between customers and ^Bakerman® are subject exclusively to the law of the Federal Republic of Germany.