Rexim Lebensmittelproduktion KG
Wittenberger Weg 9
24941 Flensburg
(as at: March 2022)
§ 1 General, scope of application
(1) Our General Terms and Conditions of Sale and Delivery apply exclusively. We shall only recognise any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale and Delivery with our express written consent. Our Terms and Conditions of Sale and Delivery shall also apply if we carry out the delivery to the customer without reservation despite being aware of terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale and Delivery.
(2) All agreements made between Rexim Lebensmittelproduktion KG and the Customer for the purpose of executing the underlying transaction are set out in writing in this contract.
(3) Our Terms and Conditions of Sale and Delivery also apply to all future transactions between Rexim Lebensmittelproduktion KG and the Customer. This also applies to ongoing business relationships.
(4) Our Terms and Conditions of Sale and Delivery only apply to entrepreneurs within the meaning of § 14 BGB (German Civil Code).
§ 2 Offer, order confirmation
(1) All offers made by Rexim Lebensmittelproduktion KG (hereinafter: Rexim) are freely revocable at any time. They are to be understood as an invitation to the customer to submit a purchase offer (invitatio ad offerendum). A contract is only concluded by an order confirmation in text form or by delivery of the ordered goods.
(2) The information regarding the products sold by us and product descriptions are subject to change, unless a clear binding assurance is given.
§ 3 Prices, terms of payment
(1) Our prices are to be understood as collection prices, unless otherwise expressly agreed with us in text form. Freight and packaging costs shall be shown separately and invoiced separately. From an order with a value of goods of more than EUR 500, packaging and delivery are free of charge for the customer at national level (mainland). Rexim expressly reserves the right to make any transport surcharges due to higher costs.
(2) Rexim reserves the right to change the prices quoted accordingly, if changes in costs occur after conclusion of the contract, in particular due to changes in the price of materials. We will provide evidence of these to the Customer at its request. In the event of a subsequent price change based on this, the customer may withdraw from the contract.
(3) Our prices do not include statutory value added tax at the applicable rate. Value added tax shall be shown separately.
(4) The deduction of discounts requires a special written agreement.
(5) Unless the order confirmation states otherwise, the entire purchase price including VAT is payable and due immediately upon receipt of the invoice without deduction. The statutory regulations concerning the consequences of default of payment shall apply.
(6) The Customer may only offset if its counterclaim is legally binding, undisputed and recognised by Rexim. The customer may only exercise any right of retention if it arises from the same contractual relationship.
(7) Rexim is authorised at any time to assign all claims in connection with the business relationship to third parties, in particular in the event of default by the customer.
§ 4 Delivery date, transfer of risk, compensation for damages
(1) Our delivery date is subject to our correct and timely delivery by suppliers and manufacturers and may be brought forward or postponed by agreement with the Customer if this is necessary or expedient.
(2) Compliance with our delivery obligation is also subject to the timely and proper fulfilment of the customer's obligations. We reserve the right to all defences, in particular that of non-performance of the contract.
(3) If the Customer is in default of acceptance or culpably breaches any obligations to co-operate, Rexim is entitled to demand compensation for the resulting damages, including any additional expenses. Further claims remain unaffected.
(4) Insofar as the conditions of para. 3. are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(5) If Rexim fails to meet delivery dates, the Customer must set Rexim a reasonable period of grace in writing. After expiry of this period of grace, the customer is entitled to withdraw from the contract. Cancellation is not possible before expiry of the grace period. The customer may only withdraw from the entire contract due to partial default or partial impossibility if the customer can prove that the partial performance already rendered by Rexim is of no interest to the customer.
(6) Delays in delivery and performance due to force majeure and unforeseeable events (war, epidemic, pandemic, riot, acts of God, labour disputes, shortages of raw materials or energy as well as unavoidable operational or transport disruptions such as fire, power failure, flooding, water ingress or weather conditions affecting transport) entitle Rexim to postpone delivery or performance for the duration of the hindrance. service for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part due to the part not yet fulfilled. The same applies if the aforementioned hindrances occur at Rexim's suppliers or if Rexim is not supplied despite corresponding contracts which would have covered the requirements arising from the purchaser's order. If Rexim is responsible for failure to meet binding deadlines or if Rexim is in default of delivery, the Purchaser may, in the event of damage occurring, claim liquidated damages for delay in the amount of 0.1% for each completed week of delay, up to a maximum of 5% of the invoice value of the goods and services affected by the delay.
(7) Rexim attempts to avoid partial deliveries and partial services and is therefore entitled to cancel any remaining open part of the order. The customer then places a new order.
§ 9 Liability for defects
(1) The customer is obliged to inspect the goods immediately after delivery by the seller in accordance with § 377 HGB (German Commercial Code), insofar as this is feasible in the ordinary course of business, and to notify the seller immediately if a defect is found.
(2) In the event of defects in the goods, Rexim shall initially provide warranty at its own discretion by remedying the defect (subsequent fulfilment) or by delivering a defect-free item (replacement delivery).
(3) The customer may only reduce or withdraw from the contract due to a defect if the subsequent fulfilment/replacement delivery fails.
(4) In addition, Rexim is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as Rexim is not accused of wilful breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
(5) Rexim is liable in accordance with the general statutory provisions if we culpably breach a material contractual obligation. The liability for damages is limited to the foreseeable, typically occurring damage.
(6) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(7) Unless otherwise stipulated above, liability is excluded.
(8) The limitation period for claims for defects and claims for damages due to a defect is 12 months from the transfer of risk. No warranty is assumed for used items.
(9) The limitation period in the case of delivery recourse according to §§ 478, 479 BGB remains unaffected; it is 5 years, calculated from delivery of the defective item.
(10) The customer shall not receive any guarantees in the legal sense. Manufacturer guarantees remain unaffected.
§ 6 Joint and several liability
(1) Liability for damages beyond b 5 is excluded, regardless of the legal nature of the claim asserted.
of the claim asserted in each case, is excluded. In particular, this exclusion of liability applies to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.
(2) Insofar as Rexim's liability for damages is limited or excluded, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
§ Section 7 Retention of title
(1) Rexim declares retention of title and retains ownership of all delivery items until all claims arising from the business relationship have been settled. In the case of current accounts, all goods subject to retention of title are deemed to be security for the balance claim. If the value of the goods subject to retention of title exceeds the value of the claims against the customer by more than 20 %, Rexim shall, at its discretion and at the request of the customer, declare the release of the securities in the excess amount. The declaration of release must be made in writing.
(2) The Customer must provide information in writing on the stock and whereabouts of the goods subject to retention of title on first request. In particular, he is obliged to insure them adequately at his own expense against fire, water damage and theft at replacement value.
(3) In order for Rexim to be able to assert the right arising from the third-party action against seizure under Section 771 of the German Code of Civil Procedure (ZPO), the Customer must report this immediately in writing in the event of seizure or other interventions by third parties. The Customer is liable for the resulting judicial and extrajudicial costs.
(4) If the customer defaults on payment to Rexim or otherwise breaches an obligation arising from the agreed retention of title, Rexim is entitled to
(a) to assert the rights of retention of title and demand the return of the goods and collect them from the customer without the need to withdraw from the contract. The customer is obliged to surrender the goods.
(b) To withdraw from the contract. If the Customer is an entrepreneur, goods are only taken back by way of security; this does not constitute cancellation of the contract, even in the case of subsequent permission to make partial payments, unless this is expressly declared; after cancellation has been declared, Rexim is entitled to collect the reserved goods and to enter the place where the reserved goods are stored or used for this purpose. The Customer declares that it waives any rights to which it may be entitled on the basis of unauthorised interference.
(5) The Customer is entitled to resell the purchased goods in the ordinary course of business; however, it hereby assigns to Rexim all claims in the amount of the final invoice amount of our claim which accrue to it from the resale against its customers or third parties. This applies irrespective of whether the purchased item has been resold without or after processing. Rexim accepts the assignment. The Customer remains authorised to collect the claim itself even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. Rexim undertakes not to collect the claim as long as the Customer fulfils its payment obligations, is not in default and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, Rexim may demand that the Customer discloses the assigned claims and their debtors in writing, provides all information necessary for collection as quickly as possible, hands over the relevant documents and informs the third party of the assignment in writing.
(6) If the object of sale is processed together with third-party objects, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered under reservation of title.
(7) If the purchased item is inseparably mixed with third-party goods, Rexim automatically acquires co-ownership of the new item in the ratio of the value of the purchased item to the other mixed goods at the time of mixing. If the mixing takes place in such a way that the Customer's item is to be regarded as the main item, it is agreed that the Customer shall transfer co-ownership to Rexim on a pro rata basis. The Customer shall keep the sole ownership or co-ownership thus created
ownership for and on behalf of Rexim.
(6) Rexim undertakes to release the securities at the request of the Customer to the extent that the realisable value of the securities exceeds the claims to be secured by more than 20%; Rexim alone is responsible for selecting the securities to be released.
(9) Prior cancellation of the contract is not required in order to assert the aforementioned rights of retention of title.
§ 8 Contract packaging
(1) Goods, materials and other items delivered to Rexim Lebensmittelproduktion KG by the contract packaging customer are subject to the same delivery requirements as goods purchased by Rexim Lebensmittelproduktion KG in the course of its daily business, see our current valid version of the AEB. Euro pallets that correspond at least to class B according to the application recommendation of the Gütegemeinschaft Paletten e.V., as well as industrial and disposable pallets, are accepted as loading aids. If a delivery is made on non-agreed pallets, the client is entitled to refuse acceptance of the goods. In order to minimise damage and avoid production losses, Rexim Lebensmittelproduktion may repack the delivery onto agreed pallets upon acceptance of the delivery. The expenses/costs incurred here shall be borne by the customer. The pallets must fulfil the basic requirements of a food processing industry. The load on the pallet must be secured with non-coloured, adaptive-free stretch film. The upper edge of the pallet must be included in the wrapping; fork clearance must be guaranteed.
(2) All customer specifications relating to production that are not tied to external production deadlines must be received at least one week before the start of production. If firmly agreed production capacities remain unutilised because production is impossible due to the client's failure to provide input, the client shall bear the resulting costs.
(3) All goods that the customer does not purchase from or via Rexim Lebensmittelproduktion KG are only stored by Rexim Lebensmittelproduktion KG on behalf of, for the account of and without insurance against deterioration or destruction for the customer. A transfer of risk to Rexim Lebensmittelproduktion KG is therefore excluded. The Customer shall continue to bear the risk of deterioration or loss of its goods.
(4) Agreed call-off dates for goods must be strictly adhered to. If the Customer does not collect the ordered goods as agreed, the Customer is in default of acceptance. Rexim Lebensmittelproduktion KG is entitled to charge storage fees.
(5) Goods and materials that have not been processed as part of contract packaging, so-called leftovers, shall be collected by the Customer at its own expense within a period of 3 months after the production date at the latest. The Customer has the option of storing leftovers at Rexim for its own account and at its own risk if it plans further contract packaging orders within one year of the end of production.
§ Section 9 Choice of law and place of jurisdiction
(1) These General Terms and Conditions and the contractual relationship between the Supplier and the Customer are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For merchants and legal entities under public law, Flensburg is agreed as the exclusive place of jurisdiction. For disputes arising from contracts concluded with Rexim Lebensmittelproduktion KG, the ordinary courts at the general place of jurisdiction of the client shall have exclusive jurisdiction, excluding the jurisdiction of arbitration courts.
§ 10 Data protection / Miscellaneous
The Client agrees that personal data provided may be processed and electronically processed in accordance with the statutory provisions. This consent may be revoked at any time. The Contractor may request the deletion of its personal data. The Contractor shall comply with this if any statutory retention obligations have expired and the warranty periods have expired. The Contractor may request information about the data collected by the Contractor at any time. The Client shall process the request within a reasonable period of time.
§ 11 Severability clause
Should a provision of the GTC be invalid, the validity of the contract and the remaining GTC shall remain unaffected.
General Terms and Conditions of Purchase (GTCP)
§ 1 Scope of application
(1) The General Terms and Conditions of Purchase (GTCP) of Rexim Lebensmittelproduktion KG (Client) shall apply to all purchases and orders of the Client. They apply exclusively and are an integral part of the purchase contract. They shall also apply to all future transactions with the Contractor in an ongoing business relationship. Conflicting or deviating terms and conditions of the Contractor shall not be recognised. The only exception is if the client has expressly agreed to their validity in writing. This means that we shall not be bound by the Contractor's general terms and conditions even if we do not expressly object to them or if we accept the Contractor's deliveries in the knowledge of deviating general terms and conditions of the Contractor.
(2) Provisions in framework agreements shall take precedence over the GPC. Such contracts must be in writing.
§ 2 Orders and offers
(1) Contractor offers shall be binding, in writing and free of charge. They should correspond to our enquiries. Alternative offers are welcome, but require special labelling. The Contractor shall be bound by the offer for at least 14 calendar days after submission.
(2) Our orders are only legally binding if they are made in writing. Amendments and additions to orders already placed must also be made in writing. Orders placed verbally or by telephone shall always require our written order confirmation.
(3) If the Contractor does not accept our order in writing within 14 calendar days of receipt, we shall be entitled to cancel the order. Delayed acceptance shall be deemed a new offer and shall again require our acceptance. We may demand changes to the delivery item even after conclusion of the contract, insofar as this is reasonable for the contractor. In the event of such a change, the effects on both sides, in particular with regard to additional or reduced costs and delivery dates, must be taken into account appropriately.
(4) The agreed delivery date is a fixed date on which the goods must be handed over and which must be adhered to. If the delivery cannot be made in whole or in part on time or on schedule, the contractor is obliged to inform us immediately. In individual cases, the customer's purchaser may subsequently agree a different fixed date with the customer. No separate remuneration can be demanded for unloading and any associated waiting time.
(5) We shall be entitled to withdraw from the contract if, after conclusion of the contract, we become aware of facts which, according to the dutiful exercise of commercial judgement, indicate that our claim to performance is jeopardised by the Contractor's inability to perform. These facts include, in particular, over-indebtedness or suspension of payments or the opening of insolvency proceedings against the contractor's assets as well as a delay in performance by the contractor that delays production.
(6) The Contractor shall provide any proof of origin requested by us with all necessary details and duly signed without delay. The same shall apply to VAT-related proofs for foreign and intra-Community deliveries. These documents must be submitted to us no later than 10 calendar days before the delivery date. When accepting an order, the contractor undertakes to enable the customs authorities to check proof of origin and supplier declarations and to provide the necessary information as well as any official confirmations (information sheets) that may be required. Furthermore, the Contractor undertakes to compensate us for any damage we incur as a result of the declared origin not being recognised by the competent authority. The supplier must inform us immediately if a delivery is subject to export restrictions under German or other law. In addition, the supplier shall inform us of the necessary official authorisations and reporting obligations for the import and operation of the delivery items.
§ 3 Prices, invoicing and payment
(1) The prices agreed with us and applicable to us are net prices and apply free domicile, including packaging and transport costs to Flensburg/Handewitt, as well as freight and customs duties, plus VAT at the statutory rate, unless expressly agreed otherwise. They exclude subsequent claims of any kind. If an "ex works" or "ex warehouse" price has been agreed, we shall only bear the most favourable freight costs. If no prices are stated in the order, the Contractor's list prices shall apply less the discounts agreed with us or the customary deductions.
(2) Invoices shall be due for payment after proper performance and 60 days after receipt of the invoice. The date of receipt is determined by our postmark. Unless otherwise stipulated in individual contracts or orders, payment shall be made with a 3% discount within 30 days or net within 60 days without discount. Payment shall be made subject to correction in the event of subsequent complaints.
(3) The proper invoice must be labelled with our order data (order number, internal order number, material number and order date) and sent to the postal address stated in the order. It must not be enclosed with the consignment of goods. If one or more details are missing from the invoice or if these were included with the consignment of goods and this delays our processing, the aforementioned payment deadlines shall be extended by the period of the delay.
(4) Excess quantities shall not be remunerated, short quantities shall be credited unless deviating quantities have been agreed with us in writing.
(5) We shall acquire ownership of the delivered items upon handover of the delivery. This shall not apply if there is a simple reservation of title in your favour. If ownership of the products to be delivered is already transferred to us on the basis of a contractual agreement at a time when the products are still stored at the contractor's premises, the contractor must properly label our property, store it separately and insure us against all losses at his own expense.
§ 4 Dispatch
Dispatch shall be carriage paid including packaging (for third countries including customs clearance) to the delivery address stated on our order. The transfer of risk shall only take place upon handover at the agreed place of fulfilment. The place of fulfilment for deliveries and services is our warehouse in Flensburg/Handewitt.
§ 5 Delivery dates
(1) Our delivery dates are fixed and binding dates of receipt of goods at the place of fulfilment. If a delivery date is determined according to the calendar, it is a fixed date. If a calendar week is specified, delivery must be made by the last working day of the week on Friday at the latest during our normal warehouse opening hours. An unconditional acceptance of a late delivery does not constitute a waiver of the assertion of claims for compensation. Early deliveries shall always require our written consent.
(2) If the contractor is in default, we shall be entitled to the statutory claims such as cancellation and compensation without restriction. In addition, we shall then be entitled to waive performance and to make a covering purchase at the Contractor's expense. In this case, the contractor must compensate us for any additional costs and damages caused by the delay.
§ 6 Quality requirements and inspection of defects
(1) The Contractor undertakes to deliver goods exclusively in accordance with the agreed product specification and the properties specified therein. In the case of purchase by sample, the specification is determined by the sample. The specified characteristics shall be deemed warranted.
(2) The supplier shall ensure that the labelling of wines complies with the EU requirements of the German control authorities. In this context, we refer in particular to the requirements of Regulation EC No. 479/2008, which regulates, among other things, the mandatory and optional information on the label, such as easily understandable language, batch labelling requirements, detailed and complete information on the bottler and permissible medals and awards. If there are any doubts about the quality, safety or organic quality of the delivered products, the contractor must inform the client immediately. Such doubts arise in particular if doubts are expressed by state inspection authorities, publicly appointed experts, due to customer complaints or complaints by non-governmental organisations or consumer protection associations regarding marketability, suitability for consumption, health safety or organic quality.
(3) The Client shall inspect the goods within a reasonable period of time for any deviations in quality and quantity.
This quality inspection shall be carried out without chemical or microbiological analyses. The obligation to give notice of defects shall be deemed to have been fulfilled in good time if obvious defects are reported within a period of 3 working days from receipt of the goods. Hidden defects shall be reported within a period of 7 working days from discovery. However, hidden defects can still be claimed even if they only become apparent during storage, production or as a result of complaints from our customers. We do not recognise any conflicting inspection or testing obligations.
§ 7 Warranty
(1) The customer shall be entitled to the full statutory warranty claims. The warranty period for material defects is two years, unless expressly agreed otherwise or unless the law provides for a longer warranty period. The period begins with the handover of the delivered item.
(2) The client is entitled to demand subsequent fulfilment at his discretion, i.e. rectification of defects or replacement delivery. After the occurrence of default, he is also entitled to demand cancellation, reduction, compensation or reimbursement of futile expenses. Compensation shall include damages due to delay in performance, the necessary ancillary costs, consequential damages and recall costs. The latter shall also apply in the case of preventive damage defence.
(3) If a delivery of quantity items (similar goods) shows an accumulation of defects in a partial quantity, the Contractor may complain about the entire delivery because it cannot be ruled out that the defect will show up or will still show up in the entirety of the delivered goods.
(4) The client is entitled to self-help. This means that we shall remedy the defect ourselves at the Contractor's expense if the Contractor has not remedied the defect within a reasonable period set by the Client. If there is imminent danger or particular urgency, no deadline needs to be set before the Client remedies the defect itself.
(5) The Client shall immediately fulfil its obligation to give notice of defects and inspect the goods for defects upon receipt. Obvious defects shall be reported immediately, if possible upon delivery. Hidden defects that were already present from the outset may be claimed by the client at any time thereafter. Acceptance of the delivery alone does not constitute acknowledgement that the goods are free of defects.
§ 8 Product liability
(1) The Client may make a claim against the Contractor if a claim is made against the Contractor due to a breach of official regulations or due to domestic or foreign product liability regulations or laws due to a defect in its product and this claim is attributable to the Contractor's goods, insofar as the defect is caused by the products supplied by the Contractor. This damage shall also include the costs of a precautionary recall action. Insofar as the contractor is responsible for product defects or defective products. This information must also appear on the invoice. The exact delivery date must also be stated on the delivery notes.
(2) Euro pallets that correspond at least to class B according to the application recommendation of the Gütegemeinschaft Paletten e.V., as well as industrial and disposable pallets, are accepted as loading aids. If a delivery is made on non-agreed pallets, the client is entitled to refuse acceptance of the goods. In order to minimise damage and avoid loss of production, the delivery can be repacked onto agreed pallets by the client upon acceptance of the delivery. The expenses/costs incurred here shall be borne by the contractor. The pallets must fulfil the basic requirements of a food processing industry. The load on the pallet must be secured with non-coloured, neutral stretch film. The upper edge of the pallet must be completely included in the wrapping; fork clearance must be guaranteed. The goods must be tightly wrapped and labelled per pallet with a scannable EAN128 label (NVE). The basic dimensions of the pallet must not be exceeded either by the load or by securing measures or labelling.
(3) The pallets must be delivered according to type and batch. No different material numbers may be loaded on one pallet unless Rexim Lebensmittelproduktion KG has ordered this or the corresponding delivery has been agreed with the purchaser. For each pallet that does not meet the requirements, Rexim Lebensmittelproduktion KG may, at its discretion, refuse to accept the entire delivery or charge the contractor for costs incurred as a result of subsequent processes.
(4) The pallet factor agreed with the Customer for all packaging materials must be adhered to for all deliveries.
deliveries must be complied with. The quantity of pallets delivered must be identical to the quantity of pallets ordered by Rexim Lebensmittelproduktion KG. The quantity delivered must correspond to the quantity ordered. No partial deliveries will be accepted. Only one delivery may be made per order. All differences between order and delivery must be agreed with Rexim Lebensmittelproduktion KG prior to delivery. If no agreement has been reached (and an associated change to the order), Rexim Lebensmittelproduktion KG will refuse to accept the goods or will invoice the additional costs.
(5) Safety deficiencies in vehicles and equipment or irregular behaviour always entitle us to refuse acceptance.
§ 11 Code of Conduct for Contractors
(1) Rexim Lebensmittelproduktion KG attaches great importance to the fair production of its goods in all its commercial activities. The contractor confirms that he has no knowledge of child labour or forced labour in the production of the goods. It will not participate actively or passively, directly or indirectly, in any form of bribery, violation of the fundamental rights of its employees or of AEB Rexim Lebensmittelproduktion KG, child labour. Furthermore, the Contractor confirms that it has not participated in any agreements that violate antitrust law in connection with the order and has not made any payments to employees of the Customer.
(2) The Contractor shall also ensure the health and safety of its employees in the workplace and observe and comply with environmental protection laws. If the Contractor culpably breaches these obligations, Rexim Lebensmittelproduktion shall be entitled to withdraw from the contract or terminate the contract without prejudice to further claims. Unless it is impossible to remedy the breach of duty, this right shall only be exercised after a reasonable period of time to remedy the breach of duty has elapsed without result.
§ Section 12 Foreign trade law
Rexim Lebensmittelproduktion KG engages in foreign trade. The Contractor is aware that the products supplied by it comply with the usual requirements of this business sector. In particular, the Contractor must state the country of origin of the goods on request and provide the certificates of origin required for export. He shall also be liable for the accuracy of his information. If we do not receive a required export licence and this is due to the Contractor's negligence, we shall be entitled to withdraw from the contract.
§ 13 Duty to provide information
As a food producer, the Principal shall strictly adhere to the requirements of food law. The Contractor must provide us with all available information for the products it supplies that we require to fulfil our statutory information, labelling, documentation and disclosure obligations to the authorities and consumers (including toxicological and health assessments). The provision of this information is deemed to be an essential ancillary obligation of the purchase contract, the fulfilment of which we insist upon.
§ 14 Retention of title
Retentions of title relating to the respective delivery of goods to which the contractor retains title shall only apply insofar as the retention of title relates to the payment obligation of Rexim Lebensmittelproduktion KG. Other retentions of title are excluded, in particular extended or prolonged retentions of title.
§ Section 15 Choice of law and place of jurisdiction
(1) These General Terms and Conditions of Purchase and the contractual relationship between the Contractor and the Customer are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For merchants and legal entities under public law, Flensburg is agreed as the exclusive place of jurisdiction. For disputes arising from the supply contracts concluded with Rexim Lebensmittelproduktion KG, the ordinary courts at the general place of jurisdiction of the client shall have exclusive jurisdiction, excluding the jurisdiction of arbitration courts.
§ 16 Data protection / Miscellaneous
The Contractor agrees that personal data provided may be processed and electronically processed in accordance with the statutory provisions. This consent may be revoked at any time. The Contractor may request the deletion of its personal
personal data. The Contractor shall comply with this if any statutory retention obligations have expired and the warranty periods have expired. The Contractor may request information about the data collected by the Contractor at any time. The Client shall process the request within a reasonable period of time.
§ 17 Severability clause
Should a provision of the GPC be invalid, the validity of the contract and the remaining GPC shall remain unaffected.
