Genreal terms and conditions

Phytobiotics GmbH General Terms and Conditions of Sales and Delivery

Every purchaser recognises the terms and conditions of sales and delivery as contractually binding unless alternative terms and conditions have been expressly agreed upon in writing. Upon receipt of merchandise at the latest, these general terms and conditions of sales and delivery shall be deemed accepted. Any conflicting or deviating conditions and terms of purchase of the purchaser are expressly contradicted.

1. Terms of payment
All prices for orders of EUR 750.00 or more are freight prepaid , excluding VAT, subject to change, without any additional taxes, import and export fees and customs fees and payable after receipt of invoice. The purchaser is only permitted to offset payment against any counterclaims disputed by the supplier in the case of uncontested, recognised, or final and binding claims.
 
2. Complaints and warranty
Complaints are given due consideration only if asserted immediately, within 7 calendar days after receipt of merchandise and before further processing at the latest, including dispatch of a sample in all cases. If a defect or error is found to exist, Phytobiotics shall choose to deliver a replacement or issue a credit note in the amount of the purchase price. The period of limitation for warranty against defective products is limited to one year.
 
3. Liabilty for compensation
Regardless of the legal basis, Phytobiotics is only liable if the damages
 
    * were caused by Phytobiotics or one of its vicarious agents due to culpably caused breach of a significant contractual obligation or
    * are the result of gross negligence or malicious intent on the part of Phytobiotics or one of its vicarious agents.
 
The liability of Phytobiotics in case of culpably caused breach of a significant contractual obligation is limited to foreseeable, typically occurring damages. In this case, Phytobiotics is not liable for the purchaser’s lost profit and unforeseeable, indirect consequential losses.
 
The amount of liability is limited to five times the invoice value per event of damage if liability occurs due to breach of a significant contractual obligation without the existence of gross negligence or malicious intent.
 
The aforementioned limitations to liability do not apply if liability is compulsory due to the stipulations of the German Product Liability Act, in particular when the life, limbs or health of a person has received injury.
 
4. Packaging
Unless otherwise indicated on the invoice, the packaging is a disposable packaging that Phytobiotics will not accept in return. Returnable packaging is to be returned freight paid in good, usable and clean condition within six weeks to the Phytobiotics warehouse from which it was shipped; otherwise Phytobiotics shall assume that the purchaser has bought it at cost. Always include the customer and invoice number with return shipments.
 
5. Retention of title
Delivered merchandise remains the property of Phytobiotics until the purchase price has been paid in full. If the merchandise is processed further or mixed with other goods, Phytobiotics acquires corresponding partial ownership on the further processed or mixed merchandise. The purchaser hereby assigns all claims pending from the resale of the merchandise against the recipient to Phytobiotics in the amount equal to the outstanding amount owed on the purchase price.
 
6. Acts of God
In the event of acts of God, Phytobiotics is freed of its obligation to deliver for the duration of the interruption. The same applies in the event of circumstances unintentional and unforeseeable for Phytobiotics that impair or impede delivery by Phytobiotics’ suppliers. In this event, Phytobiotics may choose to exercise its right of withdrawal.
 
7. Other stipulations
To be valid, modifications or additions to the contract must be made in writing. E-mail and fax are also considered written forms. Phytobiotics products shall be used based on the personal responsibility of the purchaser. As far as the use of the products, for animal feed, for example, is subject to statutory provisions, the purchaser is solely responsible for the verification of and compliance with these statutory provisions.
 
8. Place of performance and jurisdiction
The headquarters of Phytobiotics is the place of performance and exclusive jurisdiction. The law of the Federal Republic of Germany is applicable. The Uniform Law on the International Sale of Goods (Einheitliches Gesetz über den internationalen Kauf beweglicher Sachen) as well as the Uniform Law on the Conclusion of Contracts for the International Sale of Goods (Einheitliches Gesetz über den Abschluss von internationalen Kaufverträgen über bewegliche Sachen) are excluded.
 
9. Severability clause
If one of the stipulations of this contract should be entirely or partially invalid, its validity as to the other provisions shall not be affected. In this event, the contracting parties shall undertake to replace the invalid provision by another provision which corresponds as much as possible to the object of the contract and which is valid.
 
Status 1/1/2007