TERMS OF SERVICE
1. Offer and conclusion of contract
If an order is to be regarded as an offer, we can accept it within one week.
Provided we reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order, such as product ideas, recipes, calculations, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer’s offer within the period of 2 weeks, these documents must be returned to us immediately.
3. Prices and payment
(1) Unless otherwise agreed in writing, our prices apply ex works.
(2) The payment of the purchase price must be made exclusively to the specified account. The deduction of cash discount is only permissible with a special written agreement.
(3) Unless otherwise agreed, the purchase price is payable after delivery and invoicing within 10 days of the invoice date.
(4) Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
5. Set-off and rights of retention
The customer only has the right to set-off if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
6. Delivery time
(1) The beginning of the delivery time specified by us assumes the timely and proper fulfillment of the customer’s obligations. The exception of the unfulfilled contract remains reserved.
(2) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he defaults in acceptance or as a debtor.
7 Transfer of risk upon shipment
If the goods are shipped to the customer or a third party at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
8. Warranty and notification of defects as well as recourse/manufacturer’s recourse
(1) The customer’s warranty rights presuppose that he has properly complied with his duties of inspection and notification of defects according to the applicable laws.
(2) Claims for defects expire 12 months after the goods delivered by us have been delivered to our customer. Prior to returning the goods our permit is to be requested.
(3) If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to remedy the defect within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.
(4) If the supplementary performance fails, the customer can withdraw from the contract – without prejudice to any claims for damages.
(5) Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, such as damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress or due to special external influences that are not specified in the contract are required. If the customer or third parties make improper changes, there are no claims for defects for these and the resulting consequences.
(6) Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us were subsequently sent to a location other than the branch of the customer has been brought, unless the shipment corresponds to its intended use.
(7) Recourse claims of the customer against us only exist insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 also applies accordingly to the extent of the customer’s right of recourse against the supplier.
(1) This contract and the entire legal relationship between the parties are subject to the law of the United Republic of Tanzania to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance for deliveries, services and payments and the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
(3) If a contractual partner stops making payments or if insolvency proceedings are applied for over his assets or an out-of-court composition procedure is applied for, the other partner is entitled to withdraw from the contract with regard to the part that has not yet been fulfilled.
(4) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract. (5) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid regulation with a statutory regulation that comes closest to the economic purpose of the invalid regulation or fills this gap.