General Terms and Conditions of Delivery and Payment of IGN Hopfenvermarktungs- und Vertriebs GmbH
These general terms and conditions apply to future contracts and deliveries, unless otherwise agreed in writing:
All our offers are subject to confirmation unless a binding period is stated in the offer.
The agreed prices are in Euro, plus VAT at the respective statutory rate. The prices are ex warehouse. The price is based on the current costs for customs duties, freight, insurance as well as preparation and packing of hops.
Payable within 14 days after invoicing. Invoicing after call-off of the goods, but the purchase price is due no later than 01st April after the respective crop year. In the case of free hop purchases, the respective conditions agreed in the order confirmation shall apply. Costs of payment transactions shall be borne by the contracting party.
4. Cold storage costs
From 01st April after the respective harvest year, cold storage costs of 10.00€ per pallet and month are due. These costs will be charged to the contract partner. In the case of free hop purchases, the goods can be stored free of charge for up to 4 weeks after being made available, after which cold storage costs of 10.00€ per pallet and month will be due.
Deliveries are only made by the pallet. The contracting party shall independently collect the goods from the respective warehouse or, if IGN arranges the delivery, shall bear the costs thereof. If a deviation is agreed for individual contractual sales by naming a delivery code, the agreed Incoterms of the current version shall apply.
6. Delivery quantity
A minor deviation in quantity of up to five percent of the net weight of the contractual quantity or partial delivery quantity is permissible and shall not be deemed a material defect.
7. Force majeure
Force majeure shall release us from the obligation to deliver. Unforeseen circumstances which make delivery unreasonably difficult or impossible for us shall be deemed equivalent to force majeure. Force majeure shall also be deemed to exist if our suppliers do not supply us, do not supply us on time or do not supply us in full. In these cases, the customer may withdraw from the contract.
8. Retention of title
The goods delivered by us remain property of IGN until full payment of the purchase price. If the purchaser sells the goods delivered by us – irrespective of their condition – he hereby assigns to us all claims arising from the sale, including all ancillary rights, until all our claims arising from the business relationship with him have been settled in full.
9. Warranty and liability
The delivery item must be inspected immediately upon receipt. Noticeable, obvious defects must be reported in writing within five days of receipt at the latest. Other, hidden defects must be reported in writing without delay. If the goods are defective, the customer may demand replacement. If the defect is not remedied by replacement, the Purchaser may demand reimbursement of the purchase price for the defective parts. Any further claims of the Purchaser, in particular for rescission of the contract, reduction of the purchase price or damages, in particular for consequential damages or loss of profit, shall be excluded. This shall not apply if the cause is due to gross negligence or intent attributable to us.
10. Applicable law, place of performance and jurisdiction
The legal relations between the purchaser and us are subject to the law of the Federal Republic of Germany. Place of performance for the services of both contracting parties is Wolnzach-Niederlauterbach.
11. Data protection
Personal data will be treated and stored in accordance with the Data Protection Regulation (DSGVO).
12. Final provisions
Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions. In case of invalidity of individual provisions and/or loopholes in the contract, the legal provisions shall apply which come closest to the economic purpose of the provision, considering the interests of the contracting parties. If other terms of payment and delivery have been agreed in the hop supply contract, these shall apply.