This English version is provided as a translation for convenience. The German terms are the legally authoritative version.
1. Terms of contract
Unless otherwise agreed in the sales confirmation, we sell and deliver exclusively in accordance with the conditions of the Waren-Verein der Hamburger Börse e.V. in the version applicable at the time the contract is concluded. The buyer acknowledges that the Waren-Verein designations are known to them. These conditions may be obtained from:
Waren-Verein der Hamburger Börse e.V., Große Bäckerstrasse 4, 20095 Hamburg
The buyer’s, broker’s or agent’s terms and any side agreements or contract amendments become effective only if we consent in writing.
2. Sales
- All sales are ex quay and/or warehouse of the seller, unless the sales note expressly provides otherwise.
- All sales, in particular those depending on shipment dates from countries of origin, are subject to import and/or export licence and to correct and timely self-supply. In the event of force majeure, such as war, acts of public authorities, blockades, fire, epidemics, riot, strike, lock-out, operational disruption at the seller or its suppliers, ice, flooding, traffic disruption, or new regulations and acts of governments and authorities entering into force after conclusion of the contract, the rights and obligations set out in section 15 of the conditions of the Waren-Verein der Hamburger Börse e.V. apply to both parties.
- These “Sales” conditions also apply if a contract or sales confirmation expressly confirms a delivery date. Such confirmations are always subject to these conditions.
3. Retention of title
- The goods remain the seller’s property until all present, conditional or future claims of the seller against the buyer arising from the mutual business relationship have been paid in full (reserved goods). In the case of a current account, retention of title secures the seller’s respective balance claim.
- The seller is authorised to resell reserved goods in the ordinary course of business under retention of title; pledging or transfer by way of security is prohibited. The buyer hereby assigns to the seller, by way of security, all customer claims including ancillary rights arising from resale, whether before or after processing, mixing or combination.
- If, following resale, the buyer receives bills of exchange or cheques from its customer, the buyer hereby assigns to the seller the corresponding bill or cheque claims against that customer, to the amount of the claims assigned under paragraph 2. Title to the bill and cheque documents is hereby transferred from the buyer to the seller. The buyer holds the documents for the seller.
- The buyer is authorised to collect the assigned claims from the goods sold on to its customers. If the seller does not exercise this right, it must be revoked in writing and the buyer must provide the seller with all information required to collect the claim, notify its customers of the assignment and hand over incoming customer bills and cheques to the seller.
4. Place of jurisdiction
Unless the conditions, arbitration and arbitral tribunal of the Waren-Verein der Hamburger Börse e.V. apply by express agreement or otherwise, Hamburg is the place of jurisdiction and Hamburg is the place of performance for all present and future claims arising from the business relationship, including bill or cheque claims, vis-à-vis merchants, legal persons under public law and special funds under public law.
5. Partial invalidity
If one or more provisions are invalid, the validity of the remaining provisions is not affected.
