1.1 Any purchase order or sales arranged with the Global Food GmbH is subject to these 'General Terms & Conditions of Purchase & Sale', unless otherwise explicitly agreed in written form.
1.2 The supplier’s or buyer’s general terms and conditions (as specified as the general terms of buying or/and sale and delivery), which are stated in the supplier’s order confirmation, at the supplier's website, or the like, do not apply, unless explicitly accepted in writing by the Global Food GmbH.
2.1 Any purchase order submitted by the Global Food GmbH by phone, or in another way, will be accompanied by a written purchase confirmation.
2.2 The supplier shall return a signed copy of the Global Food GmbH purchase order within seven working days upon receipt thereof. If the Supplier does not so, Global Food’s order will nonetheless be considered accepted by the supplier completely and on the terms determined therein, including delivery time and price.
2.3 If the order is cancelled by the buyer within the period between approved order confirmation and time of delivery, the buyer is obligated to cover all cost Global Food GmbH incurs related to the cancellation, including –but not limited to- loss of profits.
3.1 The arranged prices are defined in the purchase order. The prices include packaging costs (if applicable) and the costs and expenses the supplier will incur resulting from the applicable term of delivery (clause 4.1).
4.1 The buyer has the obligation to immediately examine the delivered goods for any defects upon receipt. For any visible defects or shortcomings, Global Food GmbH shall be notified in writing immediately and no later than seven working days from receipt of goods. Otherwise, any claim against Global Food GmbH is forfeited.
Both parties shall be authorized to demand an independent survey carried out by an independent survey company the parties agree on. The party that is deemed not to be right will pay for the survey. The buyer shall assist the Global Food GmbH in engaging the agreed independent survey company.
4.2 If the buyer misses submitting written notification of any alleged defects, within the deadlines, any claims of the buyer relating to defects shall forfeit.
All stipulated delivery clauses are interpreted according to the latest version of INCOTERMS by the International Chamber of Commerce in Paris, France.
6.1 All shipments shall be properly packed so that the goods are fit for transportation and human consumption. The labeling of the purchased goods shall comply with Global Food GmbH’s instructions, if any, and applicable laws and regulations in the jurisdiction which the products are destined for.
6.2 The Supplier has the obligation to submit documentation about the appropriate and good condition of the container to the Global Food GmbH.
7.1 The date of delivery determined in the purchase order indicates the time when the purchased goods shall arrive at the delivery address settled in the purchase order. It may not be deviated from the fixed delivery time unless it is otherwise agreed between the supplier and the Global Food GmbH.
7.2 The ordered quantity shall be strictly monitored. Part delivery is subject to prior agreement; otherwise, the delivery may be rejected as incomplete. The Global Food GmbH, as well as the supplier, are authorized to hire an independent survey company to carry out a survey upon arrival for proof. The expenses of the survey will be borne by the party ordering the survey unless such survey indicates that the quantity of the goods does not correspond to the purchase order.
7.3 The ordered quality shall be strictly monitored. If the quality deviates from the one ordered, the Global Food GmbH is authorized to reject the whole or partly delivery by own choice. The Global Food GmbH, as well as the supplier, are authorized to hire an independent survey company to carry out a survey upon arrival for proof. The expenses of the survey will be borne by the party ordering the survey unless such survey indicates that the quantity of the goods does not correspond to the purchase order.
7.4 In case of any delay, the supplier shall inform the Global Food GmbH immediately in writing. Delays of any kind authorize the Global Food GmbH to cancel the purchase order. The Global Food GmbH reserves the right to claim damages for any direct or indirect loss suffered and its end- customers due to late delivery. This includes any expenses for agreed penalties and replacement purchase paid by Global Food GmbH.
8.1 Terms of payment shall correspond to the purchase order.
8.2 The supplier is not authorized to suspend deliveries of the goods resulting from any outstanding payment.
8.3 If payment is made and the Global Food GmbH receives it later as the due date, the Global Food GmbH may charge interest on the outstanding amount at the time in question. The interest rate is 2% per commenced month from the date of invoice.
8.4 In case of goods not being collected due to delayed payment, they will be stored and insured. The buyer has to bear the costs for this. Only after the final payment has been received by the Global Food GmbH, the goods can be released.
9.1 If default or delay in accomplishing its obligations are caused by an event beyond reasonable control, neither the Global Food GmbH nor the supplier shall be liable to the other. The affected party is obligated to give immediate written notice of any such inability to perform to the other party. Events beyond reasonable control include - but are not limited to - plagues, epidemics, natural disasters, war, civil war, riots, terror, strikes, lockouts, and compliance with any governmental rules or regulations.
9.2 If the circumstance holds longer than ten weeks, each party has the possibility to cancel the order or part of it. This will not be considered as a breach of contract. For both parties, there is no right to claim compensation for possible losses from the other party.
In case that a claim for product liability by a third party against the Global Food GmbH is attributable to the goods delivered by the supplier, Global Food GmbH shall have full right of recourse against the supplier.
If any clause(s) of these terms is/are ascertained to be invalid or impracticable, the clause(s) must be replaced by such valid and enforceable clause(s) that will come as close to the purpose and legal position of the invalid or impracticable clause(s) as possible. Still, the balance of these conditions shall remain in force.
The supplier or buyer has the obligation to keep any kind of written and/or oral information in the context of the business relationship between the supplier or buyer and Global Food GmbH secret and confidential.
Any conflict arising out of the parties’ agreement on the purchase, including the current 'General Terms & Conditions of Purchase & Sale' and questions of product liability, shall be settled in accordance with German law and shall be subject to the exclusive jurisdiction of Hamburg, Germany.
The failure of the Global Food GmbH to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Global Food GmbH ́s right subsequently to enforce and compel stict compliance with every provision of these Terms and Conditions.
The Global Food GmbH and its affiliates respect the intellectual property of others. If you believe that your work has been published on the Websites in a manner that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
The Global Food GmbH is taking part in alternative Dispute Resolutions relating to § 36 VSBG (Law about Consumer Dispute Resolutions).