Frequently Asked Questions
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.
(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.
(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.
(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.
(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.
(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.
(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.
(1) All deliveries are subject to retention of title.
(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.
(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.
(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.
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