• Order Basis
    1.1 We only deliver to resellers, traders, and wholesalers.
    1.2 The basis of every order to and from us is our general terms and conditions.
    1.3 Our general terms and conditions contradict the regulations of our business partner and do not bind us. Other modifying or contradictory contractual provisions are only binding for us after written confirmation.

  • Order Confirmation
    Written and verbal information, descriptions, cost estimates, etc., regarding the subject of the order are non-binding unless they are specified by us in writing at the time of contract conclusion or with order confirmation. Additions or changes to the order also require written form or our written confirmation.

  • Delivery Conditions
    3.1 The delivery time is determined by Orient Gate GmbH. Claims for damages due to delays are excluded.
    3.2 In cases of force majeure, non-culpable operational disruptions, strikes, lockouts, and delays in material deliveries, whether at our premises or our suppliers, the storage period is extended in any case by the duration of the hindrance and a reasonable start-up time.
    3.3 We are entitled to make partial deliveries, with each partial delivery being legally considered an independent contract.
    3.4 Upon delivery, the goods must be checked for quantity and quality immediately. The customer is obliged to check the labeling of the goods upon delivery according to the German food law. If any labeling defects or incorrect expiration dates are found, the customer is entitled to return the goods immediately to the driver. Orient Gate GmbH must then re-label the goods correctly and deliver them at no charge.
    3.5 When returning goods, the invoice must note which goods were returned, stating the reasons. The invoice amount must be paid in full, and a credit note can only be issued after the goods have been returned to the warehouse. The credit amount is issued with a separate credit note.

  • Complaints
    4.1 Complaints must be raised by the buyer immediately, at the latest within one week after receipt of the goods at the destination, in writing to us. Later complaints cannot be acknowledged.
    4.2 If complaints are acknowledged by us, the buyer can only demand rectification or replacement delivery.

  • Sampling
    When samples are taken by the economic control service, a sealed counter-sample must be insisted upon. The counter-sample must be sent immediately to Orient Gate GmbH by registered mail.

  • Sale of the Business
    If you sell the business to a third party or if the owner changes, Orient Gate GmbH must be informed immediately of this change of ownership in writing. If the change of ownership is not reported by the customer, so that it can be recorded in the customer database, the last reported owner is liable with their personal assets for any damages that may arise from this connection. If the current owner sells the business to a third party while there are still claims from Orient Gate GmbH against them, this must be reported by registered mail. The customer is liable without limitation for all costs arising from the return of goods.

  • Retention of Title
    7.1 The goods remain the property of the supplier until full payment is received.
    7.2 In the event of a change of ownership and/or sale of the business to a third party, the current owner undertakes to inform the buyer in writing of the circumstances of the retention of title and to explain our retention of title. In principle, the customer undertakes to inform Orient Gate GmbH immediately in writing if the business, including the inventory, is sold so that the goods can be collected if claims are still outstanding. The customer is liable with their personal assets for any damages incurred by Orient Gate GmbH due to non-compliance with this notification. This obligation ceases if the goods have been paid for. In that case, it is only necessary to inform that the current owner has sold the business. The retention of title extends to third parties if they have not yet paid the invoice amount for acquired goods to our customer. In this case, our customer automatically assigns the claims to Orient Gate Großhandel GmbH without revocation.
    7.3 With the delivery and purchase, Orient Gate GmbH is authorized to enter the customer's premises during the legal opening hours to collect the goods. The customer waives the exercise of their property rights in advance. Furthermore, the customer is obliged to grant Orient Gate GmbH or a legal representative appointed by it access during the legal opening hours.

  • Price and Payment Conditions
    8.1 Payments to us must be made without deductions or other discounts. Otherwise, the written contract or our written order confirmation applies.
    8.2 All payments are at the buyer's risk and expense.
    8.3 The prices quoted by us apply only to the specific order; reorders are considered new orders.
    8.4 If wage, material, or other cost increases occur before the order is fulfilled, we reserve the right to adjust the prices accordingly.
    8.5 All costs incurred due to late payment, such as reminder fees, collection fees, etc., are the responsibility of the buyer.
    8.6 In the event of payment default, we are entitled, at our discretion, to withdraw from the contract or to claim damages.

  • Return of Goods
    9.1 We are not obliged to accept the return of goods without recognized defects.
    9.2 When returning goods to us, the credit is issued according to their condition, which must be assessed by an expert appointed by us upon the buyer's request.
    9.3 Goods that have spoiled due to the negligence of the customer, power failure, or external influences are generally excluded from exchange.
    9.4 Goods from special offers are generally not returnable.

  • Applicable Law
    By placing an order, the buyer acknowledges the application of German law for the order and its execution.

  • Partial Invalidity
    The legal consequences of § 139 BGB are excluded both with regard to business conditions and for any special contractual agreements between us and the buyer.

  • Place of Fulfillment and Jurisdiction
    It is expressly pointed out that only German law is applicable. The application of the uniform law on the international sale of goods or property is excluded.

  • Severability Clause
    Should individual provisions of these regulations be wholly or partially invalid or contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.

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