- Delivery and Payment Terms
Our delivery and payment terms apply exclusively; we do not recognise any conditions of the customer that are contrary to these terms or that deviate from our conditions of sale, unless we have expressly agreed to their application.
All offers are made without obligation unless a different arrangement is expressly agreed. Orders shall only be deemed accepted once they have been confirmed by Ditsch. Delivery of the goods is also deemed confirmation.
The prices shall be those taken from the price list applicable on the day of delivery – the right to make changes is retained.
Unless otherwise agreed, all prices shall be "ex works", plus packaging / pallets and transport costs. For a contract value of less than 500, - €, Ditsch charges a surcharge of 40, - € freight costs per delivery.
- Retained right of rescission
We are entitled to rescind the contract if unavoidable obstacles occur in the acquisition of raw materials or in the case of acts of God (e.g. an insufficient harvest, transport difficulties, public authority regulations, strikes, lock outs, unforeseen interruptions to operations, energy shortages, traffic problems) and these are not only temporary. Compensation claims are excluded in this case.
- Transfer of risk
In the case of delivery by Ditsch or by shipping companies commissioned by Ditsch, the risk shall pass upon hand-over at the place of destination or upon collection by the customer or by vehicles acting on the customer’s account once the goods leave the Ditsch warehouse or the Ditsch loading ramp.
Delivery dates set unilaterally set by Ditsch are non-binding. Ditsch is not in default unless prior warning notice by the customer.
Deliveries are made "ex works" (EXW Incoterms 2010) of the Ditsch production plant or warehouse.
- Acceptance default
Should the customer be in default of acceptance, Ditsch may, after expiry of an additional period of a maximum of 14 days, withdraw from the contract and claim compensation.
- Payment conditions
Unless otherwise agreed by contract, all deliveries of goods have to be paid in advance. Provided no other agreement was made, invoices are payable without deduction within 5 days of the invoicing date. Set-off or the exercise of retention rights shall only be permissible in the case of legally established or uncontested counterclaims. In the case of payment after the due date, interest will be added at the standard bank rate from the due date. Cheques will be accepted only on account of payment.
If a contractual agreement deviating from the advance payment has been made and the the financial situation of the buyer deteriorates or in the case of any other risk to the payment claim, Ditsch is entitled, even after prior confirmation of the order, to demand at its own discretion security or advance payment of the amount of the invoice. In addition, Ditsch can, in such cases, declare all unsettled claims payable immediately. Ditsch also considers the deterioration of the financial situation as, apart from announcement of bankruptcy or settlement proceedings, in particular the failure to comply with payment dates for other claims.
- Retention of ownership
Ditsch exercises a retention of ownership in accordance with § 449 of the German Civil Code (BGB) over all delivered goods until settlement of all claims (including all claims relating to the current account balance) which are due to Ditsch from the customer now and in the future. The customer may have disposal over the goods in regular business dealings as long as it is not in default of payment. Pledges or security assignments are not permissible. The claims arising out of the resale with regard to the retained ownership goods (including all claims relating to the current account balance) are assigned by the customer to Ditsch in full now, by way of security.
The customer is revocably authorised to collect in its own name the claims assigned to Ditsch. The authorisation to collect can be rescinded if the customer does not properly fulfil its payment obligations. In the case that third parties have access to the retained ownership goods the customer shall point out Ditsch’s ownership of the goods and inform Ditsch immediately. In the case of non-contractual conduct by the customer – particularly default of payment - Ditsch is entitled to take back the retained ownership goods or demand compensation. Ditsch shall, upon request, release submitted securities at its discretion provided their value sustainably exceeds Ditsch’s claims by more than 10%.
Visible defects and quantity deviations must be confirmed in writing by the forwarder immediately upon acceptance of the goods. In addition, the customer must make a reasonable check of the goods immediately after receipt and report any defects immediately after their discovery. Until a subsequent inspection is made, the goods are to be stored and handled correctly. In the case of a justified complaint the customer can demand delivery of faulty-free goods. Should subsequent performance fail then the customer is entitled to choose to rescind the contract or demand a price reduction.
- Written form/ Invalidity clause
Deviations from these conditions and other agreements are only valid if they are confirmed in writing by Ditsch. Should individual provisions of these conditions be invalid, this shall not affect the validity of the other conditions.
- Place of fulfilment and jurisdiction
The place of fulfilment and the place of jurisdiction is Mainz. All legal relations between the customer and Ditsch are subject exclusively to the law of the Federal Republic of Germany.
- Note pursuant to § 36 German Consumers' Dispute Settlement Act (“Verbraucherstreitschlichtungsgesetz”):
We will not take part in a dispute settlement procedure before a dispute resolution body (“Schlichtungsstelle nach dem VSBG”) and we are not obliged to do so.
As a leading manufacturer of pretzel dough products, pizzas, croissants and snacks, we are committed to the freshness of our products.
Please bear in mind, therefore, that some products in our range may not always be available immediately or may be subject to a minimum order quantity.