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Our Terms of Delivery and Payment
Schipper Seafood e.K.

  1. All orders are considered valid as soon as they are confirmed in writing by us. Agreements made verbaly, by phone or telex are furthermore to be confirmed by the seller in writing before they become valid.
  2. Complaints have to be placed in writing upon delivery of goods. The goods are unconditionally considered accepted if the customer processes or sells the goods.
  3. Deliveries are carried out upon invoice and at customers own risk. With carriage paid delivery, the freight costs are considered only as an advance made by us.
  4. Payment according to customer's wishes: cash net on receipt of invoice, or before, at the time of or after sending the goods. Bills of exchange will only be accepted upon prior agreement, stamp duty and discount charges are carried by the customer and are due on presenting the bill of exchange.
  5. Until payment of all claims of the business relation, including any possible re-financing or re-draft, the seller still reserves all rights to his deliveries which are only allowed to be sold within regular business relations. The customer does not obtain ownership by processing the whole or partly manufactured goods. Processing is carried out / provided for free exclusively for the seller. In case the reservation of title should cease due to unforeseeable circumstances, seller and buyer agree beforehand that the title to the goods including processing of goods falls upon seller who agrees with transference. The customer remains bailee. With processing goods not yet owned by him, the seller gains co-ownership of the new goods. The extension of this co-ownership results from the relation between the invoice amount of the goods delivered by seller and the invoice amount of the remaining goods. Customer assigns claim of re-selling the reserved goods to seller, also including already processed goods.
  6. In case production and / or delivery is prevented or delayed due to war, riots, fire, strike, shutout or any other case of force majeur, the contract will not be cancelled, but time of delivery will be prolonged max. 3 months. In case force majeur is still actual, the contract or any not yet fulfilled part of it will be regarded as cancelled as far as no other agreements have been made. This term is also relevant in case of failure of supply – even in case of force majeur on our supplier's side, including governmental restrictions as non-issue or re-draft of export and import permissions.
  7. If the customer is late on payments the seller has the right, next to legal rights, to delay further deliveries and to require payment before allocation of goods, or to unilaterally withdraw from whole or partly fulfilment of contract without stating extensions or to claim for damages. The seller has the same rights after conclusion of contract when he gets knowledge of circumstances which make credit granting seem risky.
  8. Buyer's terms of acceptance are not binding and are subject to approval by seller. Verbal agreements of all kind are only valid under the precondition of receiving a written and legally binding confirmation.
  9. The contract is valid under the precondition of complete and in-time supply. Force majeur includes extreme heat, wetness, periods of frost, hindering of transport, lack of means of transportation, lack of raw and working material needed for processing. Orders for acceptance of part deliveries are to be handled gradually. In case of damage of our goods we will have the right to decide between redhibition, reduction or replacement of goods.
  10. The buyer has to pay the additional price calculated by the seller in case of countervailing according to the EEC market organisation and / or other countervailing has to be paid for the goods to be delivered and / or for the raw material to be processed.
  11. Outgoing weights and analysis of goods are binding.
  12. All deliveries are carried out including the necessary packaging. Costs for disposal are carried by buyer.
  13. Venue: Hamburg