Supply and Sales Condition
The quantity and quality of goods are to be checked upon delivery. The customer is obliged to inspect the goods to ensure they carry labels which comply with the German food act. Goods are to be returned immediately to the driver if any deficient labelling or expiration dates are found. In such cases, Global Foods Trading GmbH is obligated to correctly label the goods and re-deliver them.
Returned goods must be indicated together with the reason for their return on the invoice. The invoice total must be paid in full; credit can only be given after the goods have been returned to the warehouse. The amount of credit shall be stated in a separate credit memo.
All claims must be made in written form immediately upon delivery or within 7 days. Claims made at a later date shall not be acknowledged. In the case of unsuccessful deliveries of goods which the customer is fully responsible for, travelling expenses will be billed to the customer on a pro-rata basis. These expenses are calculated according to the respective freight handling tariff.
Customers should immediately inform Global Foods Trading GmbH of any known quality issues. This should be done in written form.
For economic control service sampling purposes, a sealed cross-sample must be insisted upon. The sealed cross-sample is to be forwarded to Global Foods Trading GmbH without delay. It must be sent by registered mail.
In compliance with the experience of well-known experts from the industry, ESA (European Spice Association) and ASTA (American Spice Trade Association) indications are referred to here. The following shelf-life durations have been established: herbs and spices – 3 years; spices, spice mixes and spice blends – 5 years. This is provided goods are appropriately stored and cooled (below 14°C where possible) in dark, dry storage space and in good packaging. Rice and pulses can be kept for up to 4–5 years in ideal storage conditions.
As a wholesaler we are obligated to ask all customers for their business registration prior to their first delivery. Deliveries cannot be made until we have received an attested copy of customers’ business registration.
Should customers sell their business to a third party or if there have been changes in ownership, Global Foods Trading GmbH is to be notified immediately in writing of such changes. Should customers fail to inform Global Foods Trading of any change in ownership so that it is unable to be noted in the customer master data, the previously registered owner is liable to the full extent of his personal assets for all damages which might arise in this conjunction. Should the current owner sell his business to a third party when it still has unsettled debt with Global Foods Trading GmbH, the latter must be informed of the sale in written form by registered mail. The customer assumes unlimited liability for all costs incurred by the collection of goods.
Delivered goods remain the supplier’s property until full payment has been effected. In the case of a change in ownership/sale of business to a third party, the current owner is obliged to inform the buyer of the contractual conditions of title retention and explain our title retention. In the case of the sale of a business including inventory, customers are obliged to immediately notify Global Foods Trading GmbH in written form so that goods can be collected in the case of any unsettled debt/open claims. Customers assume full liability with their personal assets for any damages suffered by Global Foods Trading GmbH through non-compliance with this required notification. This obligation is not applicable to goods which have been paid for. In such cases, Global Foods Trading GmbH only has to be notified if the current owner has sold the business. The retention of title applies to third parties, provided our customer’s invoice for ordered goods has not yet been settled. Our customer then automatically assigns the claims to Global Foods Trading GmbH. With the delivery and purchase, Global Foods Trading GmbH is authorised to enter the customer’s premises during legal business hours to collect the goods.
The customer explicitly waives his domiciliary rights. In addition, the customer is obliged to grant Global Foods Trading GmbH or one of its statutory agents access to the premises during legal business hours.
Cash on delivery without deduction. Cheque payments are only valid after they have been cleared and booked to our bank account. If a cheque is protested, the issuer shall bear all costs incurred by the initiated proceedings. The agreed place of jurisdiction is Darmstadt. It should be expressly noted that only German laws apply. The application of the uniform law on the international sale of movable goods or items shall be excluded.
To ensure the legally compliant disposal of our sales packaging, we have joined the dual waste disposal system in cooperation with VFW of Cologne. Our licensing number is D59213-2009-1111.
With this, our sales packaging corresponds with the 5th amendment of the German Packaging Material Act.
