Ovofit Eiprodukte IMPRESSUM

company details

ovofit Eiprodukte GmbH - St. Lorenz 4 - D-84494 Neumarkt-St. Veit
e-mail: info@ovofit.de - internet: www.ovofit.de
phone.: +49 (0) 8639 / 9836–0 - fax: +49 (0) 8639 / 9836–20
register court: Traunstein - register number: HRB 110 65
tax ID number: DE 812346883
Managing Director: Margit Kurz-Rothmaier




disclaimer

Liability for Content
We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages. According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.

Liability for Links
Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers. At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.

Copyrights
The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.

Data Protection
Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
source: S&K Rechtsanwälte www.streifler.de



General Terms and Conditions of Purchase

Application

These terms apply to the exclusion of suppliers’ standard business terms and are subject to divergent agreements pertaining to all current and future deliveries made to us. Suppliers’ business terms remain non applicable even when not specifically contradicted by us. Legal regulations applicable in individual instances shall apply where appropriate as well as the INCOTERMS set out by the International Chamber of Commerce in Paris to govern cases involving international contracts.

1. Orders


We consider only written orders binding. Confirmation of an order that deviates from our original requires the supplier to submit specific notification to us in writing.

2. Prices, Conditions of Payment, Accounting

Agreed prices are regarded as fixed. Invoices are to be issued in the language specified by us on the order. In the absence of contrary agreements, invoices will be settled by us within thirty days of receipt of delivery or, where applicable, completion of service and receipt of invoice. Single copy invoices to be submitted to ovofit Eiprodukte GmbH, St. Lorenz 4, 84494 Neumarkt-St. Veit. The order number must be specified on the invoice. We are entitled to offset claims made by the supplier against accounts payable by us to the supplier.

3. Delivery, Date of Delivery, Belated Delivery

The date of delivery specified on the order is binding. The date of delivery is the date on which we receive goods. If the supplier is unable to observe the date of delivery, written notification specifying a new delivery date is to be submitted immediately to us. Costs arising from delayed or defective deliveries will be deducted as appropriate from supplier claims.

4. Transfer of Risk

The transfer of risk is governed by the agreed conditions of delivery. Insofar as such an agreement does not exist, the risk transfers to us upon delivery of goods at the agreed receiving point.

5. Quality, Notice of Defects, Guarantee, Liability

The supplier guarantees that deliveries and performance correspond to legal and contractual quality requirements, to the agreed specifications as well as customary standards and do not display any defects. Should the quality of goods deviate from that agreed upon the delivery shall be deemed defective. Defects, in particular variations in quality and quantity, shall be immediately reprimanded by ovofit. In cases of defective delivery or performance as well as other contractual violations, we are entitled to rights, specified as follows: the supplier is liable to ovofit for all damages arising from a defective delivery, also in those cases in which the supplier is not responsible for the deficiency of delivered goods. Even if not at fault, the supplier is also liable for all damages sustained by ovofit resulting from the delivery of goods other than those agreed upon. Supplier liability for defects remains unaffected where ovofit accepts deliveries and services or approves samples. The supplier exempts ovofit from claims arising from producer liability based on product liability law. In cases of successive supply contracts, ovofit is entitled to withdraw from the order as a whole if at least two deliveries are partially or completely defective. The supplier undertakes to carry out and document all inspections necessary to maintain the quality of goods agreed upon. These include control of goods coming into supplier premises. Insofar as this corresponds to sector norms and customs, the supplier also undertakes to carry out genetic controls.

Should ovofit be required by one of its buyers to absorb costs arising from consumer protection measures (such as product recall), ovofit is entitled to charge suppliers a proportionate share of these costs (depending on the number of parties involved). This also applies when the measures taken prove redundant and/or there is no deficiency in the quality of goods delivered.

6. Environmental Protection, Occupational Safety, Accident Prevention and Safety

The supplier is obliged to observe all relevant legal regulations and policies concerning environmental protection, occupational safety, accident prevention, and transport and workplace safety. Should the supplier violate above-mentioned regulations despite having been previously cautioned we are entitled to terminate the contract without notice and claim damages where applicable. In cases of significant violations, no previous cautions are necessary. The supplier accepts our evaluation of the situation (questionnaire or audit if applicable).

7. Changes in Product or Procedures

Suppliers with whom we maintain on-going business relations are obliged to give early notice of intended changes in specifications concerning products purchased by us.

8. Production Documents

Formulas provided by us to the supplier for the production of goods may not be used for extra-contractual purposes, replicated, or ceded to third parties by the supplier. If required to do so, the supplier is obligated to return such documents to us immediately. Forms, tools, templates etc. that are charged to our account become our property once payment has been executed; they are to be stored and insured free of charge by the supplier and issued to us upon request.

9. Property Rights

The supplier guarantees that no property rights of third persons whether at home or abroad shall be infringed in connection with the proper use of the ordered goods. Should third parties nonetheless assert justified claims against ovofit, the supplier will cover all resulting costs (legal and administrative costs).

10. Applicable Law – Legal Venue

The contracts are subject to German law. Legal Venue is Mühldorf am Inn.

11. Severability Clause

Should one or more of the above stated provisions be altered or removed, the remaining provisions remain effective.



terms and conditions

1. General Information
These conditions are valid for all present and future business between ovofit Egg Products GmbH – subsequently called „ovofit “- and the buyer. This remains the case even if changes to either the purchasing conditions or confirmation from the buyer, which are hereby expressly rejected, are not formally contradicted.

2. Offers and orders
2.1. All offers are subject to change and can be retracted, provided that ovofit has not confirmed orders on offers.
2.2. Orders made with ovofit can only be changed or cancelled with approval from ovofit and under their stated condition.

3. Delivery, risk and liability
3.1. Availability and delivery options are at the discretion of ovofit. No liability is accepted for on-time arrival of the shipment.
3.2. On receipt of the goods, the client is responsible for checking the condition of the order and that it is complete. Possible problems must be noted immediately on the delivery certificate.
3.3. ovofit assumes no responsibility for losses caused by acts of God, strikes nor any other unforeseen problems in production or delivery as a result of acts of God.
3.4. The submission of a complaint does not allow for deferred payment.
3.5. Unless otherwise agreed by ovofit, products considered unsatisfactory must be returned to ovofit immediately. If this is not the case, a reduction in the purchase price cannot be claimed.

4. Ownership
The delivered goods remain the property of ovofit until all requirements from the existing contract are satisfactorily met. Until then ovofit retains the right to recover the delivered goods, wheresoever they are. Profits from the sale or future sale of the goods must be surrendered to ovofit to the amount of the unpaid invoice.

5. Terms of Payment
5.1. All payments must take place without a reduction being applied – unless otherwise agreed – within 14 days from receipt of goods, except where an alternative arrangement has been expressly agreed and confirmed by ovofit. ovofit reserves the right to demand a guarantee in the form of a deposit, security or other bank guarantee.
5.2. With a late payment, the client is in arrears, even without a reminder having been sent. Furthermore, in this case, all other outstanding sums will become immediately payable and ovofit is entitled to cancel all incomplete or partially complete agreements.
5.3. The buyer automatically owes ovofit any usual bank interest from the first day of default. This does not affect the legal entitlement to immediate payment.

6. Transportation packaging
6.1. Packaging, such as euro crates, containers, euro pallets or plastic pallets, remain the property of ovofit.
6.2. The buyer bears all costs of overhauling transport packaging which has been returned heavily soiled or damaged. Costs will be detailed in the palette release note.

7. Administrative location and jurisdiction
Discharge of all customers’ contractual obligations is at the ovofit Headquarters. All disputes are governed by German law. Jurisdiction lies with the district court in Mühldorf am Inn.