GTC – Trobisch

Trockengemüse, Kräuter,
Gewürze und Spezialitäten

Seit 1921 Lieferant der Lebensmittelindustrie
mit Kompetenz und Know-how

General Terms and Conditions

AGB Purchasing

General Terms and Conditions of Purchase

1. relevant conditions and scope of application

1.1 Goods or services are ordered exclusively on the basis of these Terms and Conditions of Purchase. The order confirmation always means that there is agreement with the validity of our General Terms and Conditions of Purchase; acceptance of the goods or services in the knowledge of conflicting terms and conditions does not constitute acknowledgement of conflicting terms and conditions. Our Terms and Conditions of Purchase shall apply to future orders as agreed contractual content even without express inclusion. 1.2 Deviating terms and conditions of the supplier are not binding for us, even if we have not expressly objected to them, unless they are expressly recognized by us in writing.

2nd order

2.1 Orders, their amendments and supplements as well as call-offs shall only be binding if they are placed or confirmed by us in writing. We shall be bound by our written orders for two weeks from the order date. Order confirmations that we receive after this period shall be deemed to be a new offer that requires our written acceptance. 2.2 The contract shall come into effect upon our receipt of the supplier’s written order confirmation or upon our acceptance of the delivery. If the content of the order confirmation deviates from the content of the order, the supplier must expressly and separately point out a deviating acceptance of the conclusion of the contract. In this case, a contract shall only be concluded with our written consent. 2.3 In the case of purchase on the basis of sample or analysis findings, the purchase shall only become effective if the sample is approved. The approval period shall be ten working days after receipt of the sample in the case of purchase on the basis of a sample certificate and 20 working days after receipt of the sample in the case of purchase on the basis of an analysis certificate. Saturdays are not working days in this sense. The seller must provide us with a sample that belongs to the type of goods being sold. Goods of at least medium quality are owed, unless otherwise agreed.

3. prices

The agreed prices are fixed prices. Unless otherwise agreed, they shall include delivery “free domicile” to the receiving points specified by us, including customary packaging, cartage and storage charges as well as any customs duties. The supplier shall bear the shipping costs in all cases, even if we request a special shipping method.

4th delivery

4.1 The place of performance shall be the place of receipt specified by us; shipment shall be at the supplier’s risk. In the case of delivery “free domicile” to the place of receipt specified by us, the supplier shall cover the transport insurance for us free of charge. Agreed dates and deadlines are binding; if delivery deadlines are specified, these shall commence on the date of the order. Decisive for compliance is the receipt of the goods at the named place of receipt. 4.2 If delivery is not agreed “free domicile” to the named place of receipt, the supplier must make the goods available in good time, taking into account the usual times for loading and dispatch. Delivery dates set for call-off deliveries are binding according to the same principles if the supplier does not object to them immediately. 4.3 Excess deliveries that have not been agreed shall entitle us either to accept the excess goods delivered, subject to the corresponding value date of the invoices, or to store them at the supplier’s expense until they are collected by the supplier, or to return them at the supplier’s expense. 4.4 If the supplier fails to perform within the agreed time, it shall be liable in accordance with the statutory provisions, unless otherwise provided below. In the event of a delay in delivery, we shall be entitled to withdraw from the contract or to claim damages in lieu of performance after the fruitless expiry of a reasonable period for performance. 4.5 Taking into account further claims for damages, we are entitled to demand 0.5% of the total order value for each commenced week of delay in delivery, but no more than a total of 10% of the total order value as a contractual penalty. The supplier shall notify us immediately of any expected delays in delivery or a possible failure to deliver in whole or in part, stating the reasons and the alleged duration of the delay. If we accept a delayed delivery, we may also assert the rights specified in Section
4.4 if we have not expressly reserved the right to do so when accepting the goods. 4.6 In the event of force majeure, such as war, transport or operational disruptions, labor disputes, foreign exchange hindrances or other obstacles to delivery beyond our control, we shall be entitled to withdraw from the contract in whole or in part or to demand performance at a later date without the supplier incurring any claims as a result. The assertion of such force majeure must be made in writing by us or the supplier within one week of becoming aware of the event in question. 4.7 The supplier must send a dispatch note for each individual consignment on the day of dispatch, separate from the goods and invoice. 4.8 An extended and expanded retention of title by the supplier – in particular the retention of title to the delivered goods until full payment of all claims arising from the entire business relationship – is excluded. In particular, no processing within the meaning of § 950 BGB shall take place for the supplier.

5. payment

5.1 Unless otherwise agreed, payment shall be made within 30 days net. The payment period shall not commence until the goods have been received in accordance with the contract, including proper delivery bills and invoices. 5.2 The supplier may only assign its claims or have them collected by third parties with our prior written consent. 5.3 The time of payment shall have no influence on the supplier’s warranty and the right of complaint. In the event of defective delivery, we shall be entitled to withhold payment pro rata until proper fulfillment.

6. quality assurance

The delivered goods must comply with the applicable domestic and foreign statutory provisions (e.g. Food and Feed Code) as well as the properties and quality requirements specified in the order. In particular, the limit values from the EU Maximum Residue Limits Regulation 396/2005 in the currently valid version and the EU Contaminants Regulation 1881/2006 in the currently valid version are also binding. The supplier is obliged to inform us in writing of any restrictions on the use of the delivered goods. The same applies with regard to any declaration obligations for finished goods that are produced using the delivered goods.

7. warranty

7.1 The obligation to inspect and notify defects shall commence in all cases when the delivery has been received at the destination specified in the order and proper documents (in particular dispatch note and delivery bill) are available. We are entitled to give notice of defects within 14 working days of receipt of the goods, in the case of hidden defects within 14 working days of discovery of the defect. 7.2 If defective goods are delivered, the supplier shall be obliged, at our request, to sort out the defective goods and – at our discretion – to remedy the defect or make a subsequent delivery within a reasonable period set by us. In this case, the supplier is obliged to bear all expenses necessary for this purpose. The supplier is not entitled to refuse the type of subsequent performance requested by us. If a rectification or subsequent delivery fails, is unreasonable for us or the same goods are delivered again with defects, we shall be entitled to reduce the purchase price or to withdraw from the contract, including for any unfulfilled scope of delivery. 7.3 The warranty shall end 2 years after delivery of the ordered goods. In the event of subsequent performance, the warranty period shall be extended by the duration of such subsequent performance, but shall end no later than 3 years after delivery to us. 7.4 If we have notified the supplier that we are purchasing the goods for export, the place of delivery notified for this export transaction shall be deemed the place of performance, and we shall be entitled to accept and forward the goods without inspection. All inspection and complaint periods shall only commence at the point in time at which the foreign buyer has the opportunity to inspect the goods, at the earliest upon unloading at the place of delivery. 7.5 Unless otherwise stipulated above, the warranty shall be governed by the statutory provisions. The limitation period for warranty claims shall be suspended from the date of notification of defects and shall not begin to run again until the warranty has been expressly rejected or negotiations on this have been broken off. 7.6 If goods are found to be unfit for import at the EU’s external borders as part of the mandatory import inspection of products, the goods shall be returned to the supplier at the supplier’s expense, if possible and permitted.All costs incurred up to that point shall be reimbursed immediately by the supplier on presentation of appropriate evidence in addition to the purchase price. At our request, a replacement shall be delivered within a reasonable period of time. If this is not done for reasons for which we are not responsible, we shall be entitled to make a replacement delivery and to pass on any resulting additional expenses to the supplier.

8. liability

8.1 The supplier shall indemnify us against third-party claims against us arising from manufacturer’s liability insofar as the supplier would also be directly liable. This also applies to strict liability, for example under the Product Liability Act. The supplier must maintain appropriate insurance for this indemnification. 8.2 Unless a different liability provision is made elsewhere in these terms and conditions, the supplier shall be obliged to compensate us in accordance with the following clauses 8.3 to 8.7 for any damage that we incur directly or indirectly as a result of a defective delivery, due to a breach of official safety regulations or for any other reasons attributable to the supplier: 8.3 The obligation to pay damages shall only apply if the supplier is at fault for the damage caused by it. 8.4 If claims are asserted against us on the basis of strict liability under non-mandatory foreign law vis-à-vis third parties, the supplier shall be liable to us to the extent that it would also be directly liable to the third party.The principles of § 254 BGB (contributory negligence) shall apply accordingly to the compensation of damages between us and the supplier. This shall also apply in the event of a direct claim against the supplier. 8.5 The obligation to pay compensation shall be excluded if we have effectively limited our liability towards our customer. 8.6 The supplier shall be liable for our measures to prevent damage (e.g. recall action) insofar as these measures were caused by defects in the delivered goods. § Section 254 BGB shall apply accordingly. 8.7 We shall have the right to conclude settlements with third party claimants; the supplier’s obligation to pay compensation shall remain unaffected as long as such settlements were commercially reasonable.

9. defects of title

The supplier shall be liable for defects of title, in particular due to the liability of the delivered goods with any trademark rights. He shall indemnify us and our customers against all claims arising from defects of title in the event of use of the delivered goods in accordance with this contract. The contracting parties undertake to inform each other immediately of any risks of infringement and cases of infringement.

10. use of confidential information

All information associated with our order and resulting from the course of business may only be used for deliveries to third parties with our prior written consent. They must be treated with absolute confidentiality even after the order has been executed. We also assume the same confidentiality obligation.

11. final provisions

11.1 All agreements must be made in writing. Amendments and additions to this contract, including this written form clause, must also be made in writing to be effective. The same applies to ancillary and additional agreements. Verbal agreements or assurances made by our employees shall not be binding on us. 11.2 If a contracting party ceases payment or if insolvency proceedings are instituted against its assets or judicial or extrajudicial composition proceedings are applied for, the other party shall be entitled to withdraw from the unfulfilled part of the contract. 11.3 Should any provision of this contract be or become invalid in whole or in part, the invalidity of this provision shall not affect the validity of the remaining provisions of this contract. The invalid provision shall be replaced by a legally valid provision that comes as close as legally permissible to the economic purpose of the invalid provision. The same applies to any loopholes in this contract. 11.4 The place of jurisdiction for all disputes in connection with the delivery transaction is, at our discretion, Norderstedt or the supplier’s registered office; for actions brought by the supplier, Norderstedt shall be the exclusive place of jurisdiction. Statutory regulations on exclusive jurisdiction remain unaffected. This jurisdiction agreement does not apply to customers who are not merchants. At our discretion, an arbitration court shall have jurisdiction to decide on disputes in connection with the delivery transaction. We are obliged to exercise our right of choice within two weeks of being requested to do so by the customer with regard to a specific dispute.

The right to vote can no longer be exercised after this period has expired. In this case, the ordinary court has jurisdiction. The court of arbitration called upon shall be that of the trade association responsible for the goods sold. Depending on the delivery item, this may be the Verein des Deutschen Einfuhrgroßhandels von Harz, Turpentinöl und Lackrohstoffen e.V. (Harzverein), Vereinigung der am Drogen- und Chemiekalien-Groß- und Außenhandel beteiligten Firmen e.V. (Drogen- und Chemikalienverein) or the Verein zur Förderung des Hamburgischen Handels mit Kolonialwaren und getrockneten Früchten (Waren-Verein der Hamburger Börse e.V.). We are also entitled to make use of the Hamburg Friendly Arbitration and Arbitration Court through the Chamber of Commerce in Hamburg. This arbitration agreement does not apply to customers who are not merchants.

General terms and conditions of sale

General Terms and Conditions of Sale and Delivery

1. relevant conditions and scope of application

1.1 The following terms and conditions shall apply exclusively to all our deliveries and services, unless expressly agreed otherwise in writing. These terms and conditions shall also apply to all subsequent transactions as agreed, even if we do not expressly refer to them in further orders – in particular in the case of telephone orders. The acceptance of the goods delivered by us or the receipt of the service rendered by us shall in any case be deemed as acceptance of these terms and conditions of delivery.

1.2 The customer’s terms and conditions shall only apply if and insofar as we expressly recognize them in writing.

2. information and advice

Information and advice regarding our products is based on our previous experience. The values given here, in particular with regard to the possible applications of our products, are only average values. We cannot assume any obligation to comply exactly with the values and possible applications. Should the customer nevertheless be entitled to claims for damages, Clause 7 shall apply exclusively.

3. conclusion and content of the supply contract

3.1 Our offers are always subject to change. A delivery contract is only concluded when we expressly confirm the customer’s order in writing or make the delivery without separate confirmation. Our order confirmation shall be decisive for the content of the delivery contract; in the event of delivery without a separate order confirmation, our delivery bill shall be deemed to be the order confirmation. Verbal declarations and declarations by our sales representatives are non-binding in all cases.

3.2 All details of our products, in particular the illustrations, drawings, quality, quantity, weight, dimension and performance specifications contained in our offers and printed matter, are only approximate values and do not constitute quality specifications. The properties of our products, some of which are natural, must be taken into account, particularly with regard to weight and quantity specifications. Insofar as no limits for permissible deviations are specified in the order confirmation and none result from expressly recognized customer specifications, deviations customary in the industry are permissible in any case. The quality, suitability, qualification and function as well as the intended use of our goods shall be determined exclusively in accordance with our performance specifications. Public statements, promotions or advertising by us or third parties do not constitute quality specifications of the goods. 3.3 In order to determine which quantities or dimensions have actually been delivered by us, the values determined by us upon delivery of the goods shall apply. The quantities or dimensions determined by our respective upstream supplier in the country of origin shall only be decisive if this has been expressly agreed with the customer in writing. 3.4 Guarantees regarding the quality or durability of our goods must be expressly identified as such in the order confirmation. In the case of deliveries of samples and specimens, their properties shall not be deemed guaranteed unless otherwise expressly stated in the order confirmation. The same applies to the details of analyses.
Certificates of analysis do not release the processor of the goods from his own tests of the properties and marketability of the product and its suitability for the intended use.
A guarantee of the suitability of the product for specific purposes cannot be given. 3.5 In the case of purchase on the basis of sample or analysis findings, the buyer must approve the sample no later than 5 or 20 days after receipt of the sample if it is of the agreed quality. Approval is a primary obligation of the buyer. By approving the sample, the purchase becomes a purchase according to the sample. The same applies to purchase on the basis of analysis findings. The costs of the examination shall in any case be borne by the buyer.

4 Delivery and transfer of risk

4.1 In the case of delivery periods and dates which are not expressly designated as fixed in the order confirmation but are only approximate, the customer may set us a reasonable period of grace for delivery two (2) weeks after expiry of these delivery periods and dates. We shall only be in default upon expiry of the grace period.

4.2 In the event of a delay in delivery or impossibility, we shall only be liable for claims for damages in accordance with Clause 7.

4.3 In the event of force majeure, such as operational disruptions, transport delays, measures in the context of labor disputes, in particular strikes and lockouts, as well as non-delivery, incorrect or late delivery by our supplier, for whatever reason (reservation of self-supply), and other obstacles to performance for which we are not responsible, we may postpone delivery for the duration of the hindrance and a reasonable start-up period thereafter. If the impediment is likely to be permanent, we shall be entitled to refuse delivery of the goods in whole or in part. The reservation of self-supply shall only apply in the event of a congruent covering transaction.

4.4 We are entitled to make partial deliveries. The place of fulfillment is always Hamburg.

4.5 If delivery on call has been agreed, the calls must be made within three months of conclusion of the contract, unless otherwise agreed in writing. If the delivery is not called on time, Clause 4.7 shall apply accordingly.

4.6 All sales are ex warehouse Hamburg. If the customer is an entrepreneur, shipment and transportation shall always be at the customer’s risk. The risk shall pass to the customer, even in the case of partial deliveries, as soon as the consignment has been handed over to the person carrying out the transportation – irrespective of whether this is a person belonging to our company or a third party – or has left our warehouse for the purpose of dispatch, unless Clause 4.7 applies. If the customer is a consumer, the risk shall pass to the customer upon delivery of the goods sold, unless Clause 4.7 applies.

4.7 If the customer refuses to accept the goods or if the dispatch of the delivery is delayed for other reasons for which the customer is responsible, the transfer of risk shall take place at the beginning of the customer’s default of acceptance. Storage costs after the transfer of risk shall be borne by the customer. We are entitled to charge storage costs at a flat rate of 0.5% of the invoice amount for each month or the actual damage, unless the customer can prove that the damage is lower. In addition, we may set the customer a grace period of 14 days and, if this period expires without result, withdraw from the contract or demand compensation instead of performance.

5. prices/payment

5.1 Our prices are subject to the applicable statutory value added tax.

5.2 All shipping costs shall be borne by the customer unless otherwise agreed in writing. The freight rates, customs duties and other charges incurred on the day of delivery shall apply.

5.3 If the prices of our suppliers, freight charges and/or public charges increase between the order and delivery of the goods and if our verifiable expenses change as a result, we shall be entitled to increase our prices accordingly. In this case, the customer shall be informed of the new prices without delay. This shall only apply to consumers if delivery is to take place more than four (4) months after the goods have been ordered.

5.4 The customer is not entitled to reduce our claims by counterclaims or to assert a right of retention unless the counterclaims or the right of retention have been recognized by us in writing or have been legally established.

5.5 The purchase price must be paid within 14 days of the invoice date at the latest. Discounts or other deductions shall not be granted unless expressly granted.

5.6 If payment deadlines are exceeded, we shall charge consumers default interest of 5% p.a. above the respective prime rate of the Deutsche Bundesbank and entrepreneurs default interest of 8% p.a. above the respective prime rate of the Deutsche Bundesbank, unless higher or lower damages are proven,

5.7 Our claims shall become due immediately, irrespective of the term of bills of exchange accepted on account of performance, if contractual agreements are not complied with by the customer. In the event of default in payment, protest of a bill of exchange and suspension of payment by the customer, we may demand immediate payment of our total claim – including any claims from outstanding bills of exchange – irrespective of the agreed due date. This shall also apply if we become aware of circumstances which give rise to justified and substantial doubts as to the solvency or creditworthiness of the customer, even if these circumstances already existed when the goods were ordered but were not known to us or should have been known to us. In all of the aforementioned cases, we are also entitled to make outstanding deliveries only against advance payment or provision of security and, if the advance payment or security is not provided within two weeks, to withdraw from the contract without setting a new deadline. Further claims remain unaffected.

5.8 The customer is not entitled to assign claims arising from this contract to third parties without our written consent.

6. reservation of title

6.1 All delivered goods shall remain our property (reserved goods) until the customer has settled all existing claims and – if he is an entrepreneur – claims arising after conclusion of the contract.

6.2 Any handling and processing of the goods subject to retention of title shall be carried out for us as manufacturer within the meaning of Section 950 BGB without any obligation on our part. If the customer processes, combines or mixes the goods subject to retention of title with goods of other origin to form a new item or a mixed stock, we shall be entitled to co-ownership of the goods in the ratio of the invoice value of the goods subject to retention of title at the time of delivery to the value of the other processed or mixed goods. The co-ownership share is deemed to be reserved goods in accordance with Clause 6.1.

6.3 If the reserved goods are combined with other items and if an item belonging to the customer is to be regarded as the main item within the meaning of Section 947 BGB, it is hereby agreed that a co-ownership share shall be transferred to us in the ratio of the invoice value of the reserved goods to the value of the main item and that the purchaser shall keep the item in safe custody for us free of charge. The co-ownership share shall be deemed to be goods subject to retention of title in accordance with Clause 6.1.

6.4 The customer shall store the reserved goods for us. Upon request, the customer shall enable us at any time to take stock of the goods at the place of storage and to mark them adequately. The customer must inform us immediately of any seizure or other impairment of our rights by third parties, stating all details that will enable us to take legal action against this.

6.5 The customer may only sell the goods subject to retention of title in the ordinary course of business under its normal conditions and subject to the agreement of a retention of title to the extent purchased from us if it is ensured that its claims from the resale are transferred to us in accordance with Clauses 6.6 to 6.8.

6.6 The customer hereby assigns to us the claims arising from the resale of the goods subject to retention of title, including within the framework of contracts for work and services or contracts for work and materials, together with all ancillary rights. They serve to the same extent as our security for the reserved goods. The purchaser is only entitled to assign the claims to third parties with our prior written consent.

6.7 If the customer sells the goods subject to retention of title together with other goods not supplied by us, the assignment of the claim from the resale shall only apply to the amount of the invoice value of our goods subject to retention of title at the time of delivery. In the case of the sale of goods in which we have co-ownership in accordance with Clause 6.2 or 6.3, the assignment of the claims shall apply in the amount of this co-ownership share.

6.8 If the assigned claim is included in a current invoice, the customer hereby assigns to us a part of the balance corresponding to the amount of this claim, including the final balance from the current account.

6.9 Until revoked, the customer is entitled to collect claims from the resale in accordance with clauses 6.5 to 6.7.

6.10 If the customer does not fulfill his obligations arising from this contract or other contracts with us or if we become aware of circumstances that reduce his creditworthiness, then – we may prohibit the resale, treatment and processing of the reserved goods as well as their mixing or combination with other goods; – we may withdraw from this contract; then the customer’s right to possession of the reserved goods shall expire and we may demand the return of the reserved goods; we shall then be entitled to enter the customer’s premises and take possession of the reserved goods at the customer’s expense and, without prejudice to the customer’s payment and other obligations, to realize them by private sale or by auction at the best possible price; we shall offset the proceeds of the sale against the customer’s liabilities after deduction of any costs incurred; we shall pay any surplus to the customer; -the customer shall inform us on request of the names of the debtors of the claims assigned to us so that we can disclose the assignment and collect the claims; all proceeds due to us from assignments shall be forwarded to us immediately upon receipt if and as soon as claims on our part against the customer are due; -we shall be entitled to revoke the direct debit authorization granted.

6.11 If the value of the securities to which we are entitled exceeds the claims by more than 20% in total, we shall be obliged to release securities of our choice at the customer’s request.

7 Warranty/liability

7.1 The customer must carefully inspect the delivered goods immediately upon arrival at the place of destination, even if samples or specimens were previously sent. In particular, the goods must be checked for weight and quantity and for their condition. If cans, boxes, cartons or other containers are delivered, random samples must be taken. The delivery shall be deemed approved if a notice of defects is not received by us in writing, by telex or by fax within seven (7) days of receipt of the goods at the place of destination, or if the defect was not recognizable during the inspection, within seven (7) days of its discovery, with a precise description of the defect. Notices of defects must always be addressed directly to us. A complaint to commercial representatives, brokers or agents is not sufficient.

7.2 The Freight Forwarder must be notified immediately of any transport damage; in this respect, the notification requirements of the German Freight Forwarders’ Standard Terms and Conditions apply.

7.3 In the event of a justified and timely notice of defects, we shall, at our discretion, provide subsequent performance by repair or replacement, provided that the customer is an entrepreneur. If the customer is a consumer, he shall initially have the choice of whether our subsequent performance is to take the form of repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer.

7.4 If a rectification or replacement delivery ultimately fails, the customer may reduce the purchase price or withdraw from the contract. In the case of insignificant defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses to withdraw from the contract after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect.

7.5 The above provisions conclusively contain the warranty for our goods. In particular, we shall be liable for all other claims for damages to which the customer may be entitled due to or in connection with defects or the absence of warranted characteristics of the delivered goods, irrespective of the legal grounds, exclusively in accordance with Clauses 7.6 and 7.7.

7.6 We shall only be liable for claims for damages due to culpable acts, irrespective of the legal grounds, including delay, defective delivery, breach of duties arising from a contractual obligation or duties during contract negotiations, tort, product liability (with the exception of liability under the Product Liability Act), in the event of intent or gross negligence. Liability for slight negligence is excluded, unless the purpose of the contract is substantially jeopardized by the breach. In any case, we shall only be liable for foreseeable damage typical of the contract. This limitation shall not apply to damage suffered by the customer as a result of culpable injury to life, limb or health. Personal liability of our legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded.

7.7 Warranty claims of an entrepreneur shall expire within one year of delivery of the goods. The same applies to the sale of used goods to consumers. Warranty claims by consumers shall otherwise expire within two years of delivery of the goods. Claims for compensation by the customer shall become time-barred within one year of delivery of the goods. This shall not apply if we can be accused of fraudulent intent.

7.8 Agreements between the customer and its purchasers which go beyond the statutory warranty claims shall not be at our expense.

8 Applicable law/jurisdiction

8.1 The relationship between us and the customer shall be governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and other, including future, intergovernmental or international conventions shall not apply, even after their adoption into German law.

8.2 The place of jurisdiction for all disputes in connection with the delivery transaction is, at our discretion, Nordersedt or the customer’s registered office, and for legal action by the customer exclusively Norderstedt. Statutory regulations on exclusive jurisdiction remain unaffected. This jurisdiction agreement does not apply to customers who are not merchants.

9. final provisions

9.1 All agreements must be made in writing. Amendments and additions to this contract, including this written form clause, must also be made in writing to be effective. The same applies to ancillary and additional agreements. Verbal agreements or assurances made by our employees shall not be binding on us.

9.2 Transactions with legal entities under public law and special funds under public law shall be treated in the same way as transactions with companies.

9.3 Should a provision of this contract be or become invalid in whole or in part, the invalidity of this provision shall not affect the validity of the remaining provisions of this contract. The invalid provision shall be replaced by a legally valid provision that comes as close as legally permissible to the economic purpose of the invalid provision. The same applies to any loopholes in this contract.

Contact us

Trobisch GmbH & Co. KG
Gartenstraße 1a
24558 Henstedt-Ulzburg

Tel.: +49 (0) 4193 /75 38 – 0
Fax: +49 (0) 4193 /75 38 – 22

info@trobischco.de

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