Terms and Conditions

 

Export to Non-EU countries is strictly ex works.

For export to EU countries please contact us for shipment conditions.

 

FRAME CONTRACT EXPORT

mind sweets GmbH, Germany, represented by Arne Schaefer, hereinafter referred to as the SELLER and (name of customer), represented by (authority to sign), acting on the basis of the Charter, hereinafter referred to as the BUYER have signed the Contract as follows:

1. SUBJECT OF THE AGREEMENT

The Seller shall sell and the Buyer shall buy the goods (food stuffs) on the term EX WORKS Berlin or any other storage area in Germany used by the Seller and intended for export/import to (target country).

2. TERMINATION

2.1. The present Contract shall come into force as from the date of its signing and shall be valid till (to be defined), and till the full execution by the parties of their obligations. In the circumstance, after the expiration date of the present Contract has passed, should it continue to be undertaken by the parties in agreement, the present Contract will be deemed prolonged for an uncertain term.

2.2. All changes, amendments and appendices to the present Contract should be made in accordance with the same procedure as for the conclusion (signing) of the present Contract.

2.3. Either parties may terminate this agreement with 30 days written notice prior to the cancellation date.

2.4. The termination of the agreement does not exempt the parties from execution of the obligations provided by the present Contract.

3. PRICE

The prices for the goods are fixed in Euro and understood like EXW Berlin according INCOTERMS 2010 including the cost of packing and marking. The total amount of the Contract includes the value of the goods delivered on EXW terms in separate lots, and totals 200.000,00 Euro. The prices of the goods, quantity and the value of each delivery are defined in the invoice.

4. METHOD OF PAYMENT

Payment is made by bank transfer in full, in advance and before delivery on the invoice of each separate delivery of goods, in Euro.

The purchase price is paid without deduction as listed on the invoice.

5. TERMS OF DELIVERY

5.1 The shipment of the goods should be made from the stock of SELLER.

5.2 Placing an order is required, minimum six weeks in advance. For larger orders minimum of three months notice is required. If these conditions are not met the seller will not be able to guarantee the delivery on time.

6. CONSIGNEE

(Complete delivery address)

7. QUALITY

7.1 The goods are to conform to the standards valid in the Manufacturer's country and conform to regulations of certified quality. The Seller shall guarantee the quality of the goods up until the expiry date of the goods. In accordance with good storage the Buyer shall take care for a temperature during transport and storage non-varying and strictly below 24 degrees Celsius.

7.2 If the Seller wishes to have other languages on the product than German, English and French he will provide the Buyer with the translation and will take full responsibility for meeting the standards of the countries where the product will be sold. The Buyer will be named as distributer on the product.

8. DELIVERY-ACCEPTANCE OF GOODS

Acceptance of the goods in quality, quantity and weight of the goods is made according to packing lists at the warehouse of the seller.

The buyer bears the risks for bringing the goods to their final destination. The seller doesn't load the goods on collecting vehicles and doesn't custom clear them for export.

9. PACKING AND MARKING

Goods should be in export packing, ensuring safety of the cargo from damage during transportation to different means of transport. The goods shall be provided with the following marking:

  • Denomination of the goods

  • Quantity

  • Gross weight in kg,g

  • Net weight in kg,g

  • Address of the Consignee

10. SHIPPING INSTRUCTIONS

10.1 The Buyer confirms with his signature in this Contract, that he will transport and deliver all lots, which are part of this Contract to the country of his origin (outside Germany).

10.2 The Seller shall inform the Buyer in written form of readiness of the goods for shipment not later than 7 days before the start of delivery dates. The Seller shall inform the Buyer in written form about leave of the goods from the stock of the SELLER.

11. THE CLAIMS ON QUALITY

11.1 The claims on quality should be made in writing.

11.2 In case of the claims on quality, the Buyer should present a reclamation act to the Seller, drawn-up by the official control organization of the Seller's country.

11.3 The claims on the quality can be made by the Buyer within 2 weeks from the date of the discovery of the damage found, during the shelf life period of the goods and under the stipulation that the storage conditions are followed by the Buyer. With this Contract the Buyer confirms to fully take care of the required transport conditions to the final point of delivery and has to prove that the storage conditions has been come up to during the transportation and afterwards.

11.4 Acceptance of the goods on quality should be made on the basis of the quality certificate EG ÖkoVerordnung: DE-Öko-013 EU/ Non-EU agriculture.

11.5 The Seller takes no responsibility for transport damages.

12. LAW AND JURISDICTION

All disputes and differences which may arise out of or in connection with the present Agreement will be settled as far as possible by means of negotiations between the Seller and the Buyer. If the Parties do not come to an agreement, the matter is to be submitted for settlement to Amtsgericht Berlin Kreuzberg (Germany) in accordance with the German rule of law.

13. FORCE MAJEURE

In the event of circumstances precluding complete or partial compliance by any of the Contracting parties with its obligations under this Agreement, namely: flood, fire, earthquake and other natural disasters, a blockade, war, or hostilities, as well as other emergencies beyond control of the Contracting parties which they were unable to predict and envisage at the conclusion of the Agreement, the period of compliance with their obligations shall be deferred to the period during which said circumstances and their aftereffects would be in existence. The Contracting party which is unable to comply with the obligations under this Agreement for reasons beyond its control must immediately notify the other Contracting party in writing of the advent of the circumstances of force majeure. The notification must be confirmed by the relevant authorized agency or organization. If the circumstances of this Agreement do not cease to exist during a period of two months, any of the Contracting parties shall be entitled to raise the question of premature termination of the present Agreement.

14. OTHER PROVISIONS

14.1 The present Contract is made in English in 2 (two) original copies, out of which one copy is made to the Buyer and one copy to the Seller.

14.2. The buyer is only able to order products in bulk if he proves to be certified organic and besides that sells the product exclusively in bulk (without packaging) to the end customer.

15. CONTACT OF SELLER

mind sweets GmbH
Arndtstr.34
10965 Berlin
Germany

www.mindsweets.de
Phone: +49 - 30 – 60 989 14 50
Email: shop@mindsweets.de
Fax: +49 -30 – 60 989 14 59