Frequently Asked Questions
Here you’ll find the answers to the questions we’re often asked. If you can’t find the answers you need below, please
Most Popular Questions
(1) The following general terms and conditions apply to all sales by AKNAN Lebensmittelgrosshandel GmbH & Co. KG (hereinafter AKNAN) in corporate transactions.
(2) AKNAN works exclusively on the basis of these General Terms and Conditions. This also applies if the customer works on the basis of his own general terms and conditions. In this case, the corresponding terms and conditions of both parties apply in the event of agreement, in the event of divergence, the statutory provisions apply instead of the deviating regulations. In the event that only one party has regulated a subject in its terms and conditions, this becomes part of the contract. If an order is placed that deviates from our terms of delivery and payment, then only our terms of delivery and payment apply, even if we do not object. Deviations therefore only apply if they have been expressly recognized by us in text form.
(3) Unless otherwise agreed, only the offer or the written order confirmation from AKNAN is decisive for the scope and quality of the deliveries and services. Subsidiary agreements and changes require confirmation in text form.
(1) Customer offers/inquiries are only considered accepted if AKNAN accepts the offer in text form. The quantity, quality and properties of the goods are evident from the sales specification.
(2) If the customer has agreed a successive delivery contract with AKNAN, AKNAN has a right of retention with regard to the new delivery in accordance with Section 320 (1) BGB if the customer has exceeded the agreed payment terms.
(3) AKNAN offers are non-binding. Patterns, specimens or information (such as weights, images, descriptions, etc.) resulting from the sales specification show the goods as well as possible. In the event of deviations from the offer, the service descriptions of the last offer or the last order confirmation are always decisive.
(4) AKNAN reserves the right to change product descriptions with regard to the described properties in such a way that the current legal requirements are taken into account.
(5) Agreements on quantities or quality specifications that deviate from the service descriptions of the goods or services are only binding if they have been confirmed in text form. The same applies to information from suppliers and employees of AKNAN. Cost estimates and freight information are also non-binding until they have been confirmed in text form by EUROBRABDS.
(6) Information on the quality of the goods and services are not guarantees. Guarantees must be expressly designated as such.
(1) The information provided by AKNAN on the processing, storage, labeling and intended use of the goods must be complied with by the customer. The customer bears sole responsibility for ensuring that the instructions for processing, storage, labeling and intended use are fulfilled in accordance with the information provided by AKNAN.
(2) If the goods are used and/or processed outside of the Federal Republic of Germany, the customer himself is responsible for compliance with the relevant legal provisions that apply in the respective country of destination.
(3) Description of services, processing and storage instructions for the goods result from the respective specification of the goods.
(1) The customer’s obligations to cooperate stated in the offer/order confirmation are main obligations. AKNAN will notify the customer if it is foreseeable that a contractually owed service cannot be provided in good time because the customer has not fulfilled an obligation to cooperate.
(2) AKNAN can request the customer to fulfill the obligation to cooperate, setting a deadline. If the customer still does not comply with the obligation to cooperate, AKNAN has the right to terminate the contract and to claim damages.
(1) Delivery by AKNAN is subject to the proviso that AKNAN itself is supplied correctly and on time. The delivery period depends on the goods and is given to the customer with the order confirmation without obligation.
(2) In the event of delays in delivery due to force majeure, sovereign intervention, natural disasters, war, riots, strikes or other circumstances for which AKNAN is not responsible, AKNAN is entitled to make up for the delivery after the reason for the impediment has ceased to exist.
However, both parties can withdraw from a concluded contract in whole or in part if one of the aforementioned events leads to a delay in delivery of more than two months beyond the agreed deadline. Further claims of the contracting parties are excluded.
(3) The delivery period begins at the earliest with the dispatch of the order confirmation, but not before receipt of a deposit of 30% of the order value. The duties to cooperate specified by AKNAN must be observed.
(4) Delivery is made by making the goods available to the customer at the location specified in the agreement. This is usually the headquarters of AKNAN in Cologne. The delivery period is met when AKNAN has informed the customer that the delivery item is ready for dispatch.
(5) The customer must collect the ordered goods immediately, but no later than 14 days after notification of readiness for dispatch.
(5) The customer must present AKNAN with the confirmation of the transport company plus a notification of the license plate number of the transport vehicle in text form 2 days before the intended transport. If the customer does not fulfill his contractual secondary obligation, AKNAN can cancel the transport at no cost. The same applies if the customer’s transport company culpably arrives at AKNAN 2 hours after the confirmed time.
(6) Delivery will only take place after full payment of the order value. Full payment is due upon receipt of the goods by AKNAN. In the event of a delay in payment, the customer must pay damages of 0.5%/ day of the order value from the 6th day.
(7) In the case of deliveries on call, the goods must be accepted in quantities distributed as evenly as possible over the term, unless otherwise agreed. At the end of the agreed call-off period, AKNAN is entitled to deliver the entire remaining quantity immediately. In the event of later acceptance, AKNAN reserves the right to calculate the current price.
(8) If another delivery location is agreed, the goods will be made available to the customer at this location.
(9) During the delay in acceptance, AKNAN will store the goods at the customer’s expense and risk. After the deadline has been set with the threat of rejection, AKNAN has the option of terminating the contract and claiming damages from the customer.
(10 ) The goods can only be stored at AKNAN for longer than 14 days after agreement in writing .
(1) If the customer has taken on the transport, the risk of accidental loss passes to the customer as soon as the goods have been handed over to a freight forwarder, a rail carrier, the post office or the customer or have been made available for collection. Subject to other written agreements, the delivery time is met when the ordered goods are ready for dispatch and the customer has been informed of this.
(2) If AKNAN takes over the transport, the risk passes to the customer at the latest when the goods are dispatched, even if partial deliveries are made or AKNAN has taken on other services, e.g. the shipping costs or delivery and installation.
(3) If there is transport damage, this must be reported to both AKNAN and the forwarding company in a verifiable form immediately. This obligation is a contractual secondary obligation of the customer.
(4) If the transport is delayed as a result of circumstances for which the customer is responsible, the risk passes to the customer from the day the goods are ready for dispatch.
(5) Section 377 HGB must be observed. Upon delivery, the customer must immediately take a number of samples appropriate to the delivery quantity. There is no defect if the delivered goods correspond to the agreed quality and the legal regulations in the arithmetic mean.
(1) The prices quoted to the customer may differ from the original amounts quoted in the offer. These are price increases that AKNAN cannot influence and result from commercial usage. However, price increases at the expense of the customer can only be made if material costs for necessary components or personnel costs have demonstrably increased from the moment the order was placed and AKNAN is not responsible for this. This also includes unforeseeable changes in customs duties, import and export fees, foreign exchange control, etc. AKNAN will inform the customer immediately after recognizing the increase and will explain the reasons for the price increase to the customer.
(2) All prices do not include the VAT applicable on the day of delivery. The product prices shown do not include shipping and insurance costs.
(3) If changes to the original order are agreed, the customer shall bear the resulting additional costs. The customer must send the change requests in writing to AKNAN immediately, but no later than seven days before the agreed delivery time. Changes to the order must be confirmed by AKNAN in writing beforehand.
(4) If the goods are sold abroad, the customer is responsible for paying the corresponding public-law fees, in particular taxes.
(5) The customer can only offset claims that are undisputed by AKNAN or legally recognized.
(6) The sales tax is only paid by AKNAN if this has been expressly agreed.
(7) AKNAN is entitled to assign the claims arising from the business relationship with the customer.
(1) All deliveries are subject to retention of title.
(2) The assertion of the retention of title does not constitute withdrawal from the contract, unless AKNAN notifies the customer otherwise.
(3) In the event of breach of contract by the customer, AKNAN can take back the goods subject to retention of title or demand the assignment of the claims for return against third parties and, after warning with a reasonable period of time, sell the goods at your expense. Taking back or pledging the goods subject to retention of title by AKNAN does not constitute a withdrawal from the contract. This must be explicitly stated.
(4) The customer hereby assigns to AKNAN as security the claims arising from the resale or any other legal reason (insurance/tort) with regard to the reserved goods in proportion to the value of the reserved goods.
(5) In the event of attachments or other interventions by third parties, the customer must notify AKNAN so that AKNAN can file a suit in accordance with § 771 ZPO.
(6) AKNAN undertakes to release the securities to which it is entitled at the customer’s request insofar as the realizable value of the securities exceeds the claims to which AKNAN is entitled. AKNAN is responsible for selecting the securities to be released.
(1) In the event that defects are asserted, AKNAN initially has the right to undertake a reasonable number of attempts to rectify the defect within a reasonable period of time. If the supplementary performance fails, the customer is fundamentally entitled to choose to reduce the price, withdraw from the contract and/or demand compensation.
(2) In the case of insignificant defects, the right to withdraw or to assert claims for damages is excluded.
(3) The customer bears the burden of proof that AKNAN is responsible for the defect, insofar as the defect is due to the fact that the customer stored goods delivered without AKNAN’ consent in a manner different from that specified by AKNAN.
(4) The warranty period is 12 months from delivery of the goods. This also applies to claims for damages, provided AKNAN cannot be accused of intentional, grossly negligent behavior or claims from injury to life, limb or health are affected or a guarantee commitment is affected and/or claims under the Product Liability Act are affected.
(1) AKNAN is liable for financial losses caused by negligence, limited to the amount individually negotiated between the parties. This limitation of liability does not apply to damage caused by gross negligence or intentionally, damage to life, limb or health or the breach of a guarantee. Claims under the Product Liability Act remain unaffected.
(2) Claims for damages become time-barred within one year after the customer has become aware of them or should have become aware of them if due diligence had been exercised. This limitation of liability does not apply to damage caused by gross negligence or intentionally, damage to life, limb or health or the breach of a guarantee. Claims under the Product Liability Act remain unaffected.
(1) Both parties undertake to maintain the strictest secrecy about all confidential transactions that they become aware of in the course of their work for the other party, in particular business or trade secrets of the other party, and to neither pass them on nor use them in any other way. This applies to any unauthorized third party, ie also to unauthorized employees of the parties, provided that the disclosure of information does not serve to properly fulfill the contractual obligations.
(2) In cases of doubt, each party is obliged to ask the other party for consent before such a transfer.
(3) The above obligations do not apply to facts that are demonstrably obvious or belong to the known state of the art or that the respective party became aware of prior to notification by the customer or after notification by the customer again through third parties who were not subject to any obligation of confidentiality towards AKNAN.
The customer has been informed in detail about the scope, location and purpose of the collection, processing and use of the collection, processing and use of personal data required for the execution of orders. Express reference is made to the data protection provisions of EUROBRAND.
(1) Should a provision of this contract or the respective supplementary agreement be or become invalid, the validity of this contract and the supplementary agreements shall not be affected.
(2) With regard to all legal relationships arising from this contractual relationship, the parties agree on the application of the law of the Federal Republic of Germany, in particular the Civil Code and the Commercial Code.
(3) German law is applicable to the contractual relationship between the parties.
(4) If the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Cologne is agreed as the exclusive place of jurisdiction for all disputes that arise in the course of the processing of this contractual relationship