Unless other written agreements are made, the purchases are concluded exclusively under the following conditions. Deviating terms and conditions will not become part of the contract, even if we do not expressly object to them. The Seller’s terms of delivery shall not be valid if they are not acknowledged in writing.
A. General conditions
1. Conclusion of contract
The contract is only concluded with the written acceptance by the buyer. Verbal, telephone or teletyped declarations, as well as additions and amendments to agreements, require written confirmation by the buyer.
2. Visit, loading, Tegernseeer customs
The buyer is entitled to visit the wood at any time. For operational reasons, he may also demand the immediate temporary cessation or restriction of loading if the delivery time is extended accordingly, without any claims arising from this against him. The application of Tegernseer customs is excluded. In addition, the framework agreement applies to the raw wood trade (RVR) in the version valid at the time of conclusion of the contract.
3. Delivery
a) The contract quantity must be distributed evenly within the agreed delivery time or delivered according to the buyer’s dispatch plan. This is entitled to change the receipt provided for in the purchase contract. In the event of non-fulfilment/deviation of the monthly subsets, the buyer reserves the right to make cover purchases at the header or to reduce the contract quantity accordingly.
b) war, war-like events, operational and traffic disruptions, unrest, strikes, lockout and force majeure, which directly or indirectly disturb or prevent the acceptance of the goods, release the buyer from all contractual obligations for the duration and extent of the resulting operational disruption.
c) The buyer is entitled to reduce the purchase contract quantity in the event of a market-related consumption and, if necessary, to withdraw from the purchase contract.
4. Acceptance and measurement
For sawing products, forest wood purchases, forest wood purchases and weight purchases, customised or weighted purchases, the acceptance is made according to customised quality and according to quality in the reception plants, unless otherwise agreed. The result determined there is the basis for the settlement of the delivery. The seller receives the result in writing with a settlement or wooden entrance notification, which at the same time contains the notification of defects if breach of contract wood is determined. In addition, the buyer does not meet any obligation to make notification.
The Seller agrees to an immediate processing. At the latest with processing, the product is transferred to the sole ownership of the buyer. If the cargo or parts of the cargo does not correspond to the agreed quality, the buyer is entitled to make the entire charge available to the seller. Possibly Costs (also pre-paid) shall be borne by the seller.
5. Train delivery
Load free of charge or free wagon:
The regulations of the railway operator must be complied with. Charging and load-bearing capacity of the cars must be made full use. Empty or additional loads or stand funds shall be borne by the seller if necessary.
Wood chips:
The seller must keep every car cleanly before loading and warrant that the delivery is free of foreign objects, including those that come from residues from earlier loads when they ship. He is liable for such damages by foreign codies even without fault.
6. Truck shipping
The providers are commissioned on the basis of the proNARO guidelines for freight services, which exist as suspended services agreements between proNARO and the freight forwarders. The delivery times of the works must be observed. When supplying industrial wood by weight, the special loading conditions of the sampling in the factory must be observed.
7. Shipping papers
These must include:
- Supplier
- Order
- Client order
- Place of leaving
- Cargo carrier
- Sale measure at purchase from street, free truck/wagon (forest wood)
8. Calcacy clause
If biotic or abiotic calamities (wind throw, breakage, beetles, mushrooms, etc.) occur during the contract period, the price and quantity agreement has been renegotiated.
9. Stage and quality conditions
The quality and storage regulations of the acceptance plants must be adhered to in a binding manner.
10. Jurisdiction
proNARO GmbH as buyer:
The exclusive place of jurisdiction for all disputes arising from the concluded contract, including such concerning its conclusion, is the factual court competent for the place of business of the buyer or at the discretion of the buyer the competent court for the place of his premise to which the delivery is to be made in accordance with the purchase contract. For the orders placed on and the contracts with the seller, including the assessment of the conclusion of such a condition, German law applies exclusively to the exclusion of reference standards. The Vienna UN Convention on the International Sale of Goods (CISG) does not apply.
B. Special conditions for forest wood
11. Foreign body
Deliveries from former war zones or military exercise sites must be reported. In the event of non-announcement, the seller is also liable for foreign bodies in the wood.
12. Provision
The woods are to be provided in the largest possible units on forest paths/roads, which can be used by a wooden truck at any time and where wood loading with crane is possible without difficulties.
In order to prevent quality reduction, the wood must be relying on documents. Various wood qualities must be stored separately.
13. VAT
The Seller assures that the contractual deliveries are provided by him within the scope of an operation to which the provisions of Section 24 of the VAT Act are to be applied and taxed in accordance with these provisions. Any deviating VAT rates for suppliers must be notified to the buyer when concluding the contract.
C. Special conditions for wood chips
14th. Quality conditions
Wood chips must have been produced from healthy, bark-free woods (cutting angle 45°). The hack and counter knives or. Chip gauges often need to be sharpened and correctly adjusted around. Coarse and vines must be screened and free of loose bark parts as well as foreign body of all kinds (metal parts, stones, number platelets, etc.).
Dimension of wood chips:
Length: in center of gravity 30 mm
Thickness: in center of gravity 6 mm
Deviations from the quality specifications may result in deductions.
The seller is liable for direct and indirect damage caused by non-quality goods (foreign body) in the factory.
D. Special conditions for purchases from trading
15. Contract fulfillment
In the event of breach of contract, such as delays in delivery and deliveries of timber from unconventional areas, as well as in the event of non-compliance, the buyer shall be entitled to the statutory and contractual claims even without setting a deadline and reminder. The buyer may, at his discretion, exercise the entire contract for the entire contract or for the part of the delivery, to pay damages in the event of any non-compliance.
E. Clearing clause
The buyer is entitled to charge his liability out of deliveries of the seller against his claims from deliveries to the seller (counter-off-calculation).
Status: 07/2019