Terms of business
1. terms of delivery and payment
Our terms of delivery and payment apply exclusively; we do not recognize any terms of the customer that conflict with or deviate from our terms of sale, unless we have expressly agreed to their validity.
All offers are subject to confirmation, unless expressly stated otherwise. Orders are not considered accepted until they have been confirmed by Bakerman®. The delivery of the goods is also considered as a confirmation.
The prices result from the price list valid on the day of delivery – subject to change.
4. reservation of withdrawal
We are entitled to withdraw from the contract if unavoidable hindrances in the procurement of raw materials as well as events of force majeure (e.g. an insufficient harvest, transport difficulties, official decrees, strikes, lockouts, unforeseen operational disruptions, energy shortages, traffic disruptions) occur and if 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 forwarding agents 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 loading ramp of Bakerman®.
Agreed delivery periods shall be deemed to be 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® can withdraw from the contract and demand compensation after expiry of a grace period of 14 days at the latest.
8. terms of payment
Unless otherwise agreed, invoices are payable without deduction 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 a deterioration of the Buyer’s financial situation or in the event of any other threat to the claim for payment, Bakerman® is entitled, even after prior confirmation of the order, to demand security or advance payment of the invoice amount at its own discretion. Furthermore, in such cases, Bakerman® may make all outstanding claims immediately payable. In addition to the announcement of insolvency or composition proceedings, Bakerman® understands deterioration of assets to include, in particular, target overruns in other receivables.
9. reservation of title
Reservation of title according to § 449 BGB (German Civil Code) Bakerman® asserts for all delivered goods until all claims (including all balance claims from current account) Bakerman® is entitled to against the customer now or in the future have been fulfilled. 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® by way of security all claims arising from the resale of the goods subject to retention of title (including all current account balance claims). 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 case of access of third parties to the goods subject to retention of title, the customer will point out the ownership of Bakerman® and notify Bakerman® immediately. In case of breach of contract by the customer – in particular default of payment – Bakerman® is entitled to take back the goods subject to retention of title or to demand compensation for the value. Upon request, Bakerman® will release the securities given at its own discretion, insofar as their value exceeds Bakerman® claims by more than 10% on a sustained basis.
Visible defects and quantity discrepancies 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 as well as 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 performance and jurisdiction
The place of performance and jurisdiction is Gronau i.Westf. All legal relations between customers and Bakerman® are exclusively subject to the law of the Federal Republic of Germany.