General terms and conditions
Our terms of delivery and payment apply exclusively to all offers, sales and deliveries; We do not recognize purchase conditions that conflict with or deviate from our delivery and payment conditions. When the order is placed, our terms of delivery and payment are recognized.
Our offers are non-binding and subject to change with regard to delivery and price. Purchase price is
the list price valid on the day of delivery; If necessary, the order resp.
sales-related surcharges or discounts offset.
The price recommendation given by us in the order rate, on invoices and order lists (including
VAT) is not binding. We expressly emphasize that this is only a calculation aid based on experience from our customers; they must be individually adapted to the local competition and cost situation.
Terms of payment
Our invoices are due immediately after delivery without any deduction and are collected using the SEPA B2B direct debit procedure. If the customer does not join the SEPA B2B direct debit scheme or if the direct debit is not honored, we will charge a processing fee of 0.5% on the invoice amount, but at least € 5.00. If payment is not made within 8 days of delivery, payment default occurs without any further reminder
the consequence that we charge additional current account interest that is customary in banks. All expenses and fees that are charged to us for unredeemed direct debits, checks and bills of exchange are borne by the customer. In the event of default in payment or in the event of insolvency, if an application is made to open insolvency proceedings against the purchaser’s assets or if the purchaser is seized, our respective claims against the purchaser shall become due immediately. From this point on, he is no longer entitled to dispose of the goods in our ownership, not even through resale. If the entire remaining debt is not paid immediately upon request, we are entitled to demand the surrender of our goods delivered under retention of title.
The buyer’s rights of retention are excluded. All costs resulting from the repossession of the goods are borne by the buyer. Discounts do not apply when filing for bankruptcy, suspending payments or defaulting on payment by the business partner.
Retention of title
All goods delivered by us in our name and for our account remain our property until full payment has been made – namely, all obligations towards us. All claims of the buyer from the resale are considered assigned to us. The assigned claim serves as our security in the amount of the value of the respective reserved goods sold.
As long as our retention of title exists, the customer may neither pledge the goods nor assign them as security. In the event of foreclosure measures on the part of third parties, the customer is obliged to object and notify us.
Order and delivery
The order is only accepted in the way we individually specify. The delivery is carried out free of charge at ground level in pallets in accordance with the specified tour plan. A claim to
There is no delivery outside of the tour plan. If the local conditions do not allow an efficient unloading in pallets at ground level free domicile, the buyer undertakes to assist with the unloading; if goods have to be unloaded from the pallet, we charge a processing surcharge of 2%.
Empties & pallets
The items loaned to you must be treated with care and returned immediately and not exchanged. The buyer has to provide pallets and empties ready for collection upon delivery. For pallets that are not returned, we will charge the purchase price.
Complaints must be made in writing immediately, but no later than 3 days after receipt of the goods. In the event of justified complaints, we undertake, at our option, either to make a corresponding replacement delivery or to reduce the purchase price. There is no right to rescission or compensation. Compensation for further direct or indirect damage is not granted. The risk of loss, damage, theft, deterioration in quality etc. is transferred to the buyer when the goods are handed over to the buyer. The delivery of the goods is also deemed to have taken place if the goods are placed in a place provided by the buyer. Complaints about the delivery of fresh goods must be made by telephone on the day of delivery.
Fulfillment and jurisdiction
The place of performance for delivery and payment is Höchstadt a.d Aisch, the place of jurisdiction is Erlangen or the competent higher-level court.
Our prices and our communications are to be treated confidentially. Third parties may not be granted access.
Big Five Distribution
91315 Höchstadt a.d Aisch