2) Risk and Delivery Dates
As soon as the consignment leaves the plant, risk transfers to the buyer. Transport risk and weight loss during transportation are to be borne by the buyer. If dispatch of the goods ready for dispatch is not possible through no fault of our own, or if the buyer does not want the goods delivered, we can – if capacity is available – store the goods at the buyer's cost, whereby the delivery is deemed to be completed and the risk transfers to the buyer. Compliance with delivery dates is applicable except in cases of unforeseeable circumstances which include Acts of God, intervention by authorities and labour conflicts. The aforementioned circumstances entitle us to a choice of withdrawing from the contract or extending the delivery date as we so wish.

Partial deliveries are generally permitted.

If the contract includes a provision for a penalty to be paid for delayed delivery (Liquidated Damages), the penalty will only be paid when the buyer can prove that he/she has suffered damages to the amount mentioned in the penalty clause. We shall not be liable for any damage claims resulting from impossibility of performance on our part due to ordinary negligence.

3) Warranty
Notices of defect or deficiency can only be taken into account if they are substantiated and made in writing promptly on delivery of the consignment.

The goods delivered are to be checked upon receipt and appropriately stored. The goods are to be stored according to the storage conditions designated by us. Definitions:

• "Store refrigerated" means: Storage of the goods in cool rooms or refrigerators at a temperature of  from +2°C to +4°C
• "Store cool" means: Storage of the goods in a cool, dry location at a temperature of up to +18°C
• "Store frozen" means: Storage of the goods in an appropriate location, a deep freeze or a cool room at a temperature of at least -18°C or lower.

If the goods are not stored according to these regulations then liability on our part is null and void.  Returned goods will only be accepted by us if substantiated notice of defect or deficiency has been made beforehand and we have agreed to the return of the goods in writing.

If we acknowledge that the goods delivered are defect or deficient, this entitles us to choose whether we make a substitute delivery with a suitable revised delivery date, or we issue a stock credit note to the amount of the invoiced sum.
Warranty claims or claims for damages which exceed the invoiced value as well as claims for consequential losses are excluded.

We are liable to the customer for defects in goods which were not produced by us, only to the extent that our supplier or producer of said goods is liable to us. In this case we are also entitled to assign claims made by the recipient of the goods to our supplier and in this case we are free of all liability.

If the goods are rejected by authorities or upon sample testing carried out by foodstuffs inspectors, the customer is obligated to request a second sample. The customer is obligated to freeze this second sample immediately and to notify us. If the customer does not comply with this obligation then he/she becomes liable for damages to us.

4) Terms of payment
Our prices are net prices, payable in full and due upon receipt of the invoice. In the case of delayed payment we are entitled to request interest. Dunning costs (€ 15.00 for the first reminder; € 20.00 for the second reminder; € 30.00 for the third reminder, with VAT added in each case) are to be borne by the customer, this also applies to any costs arising in advance of a court case such as the services of a debt collection agency or similar, as far as they are applicable and necessary for us to assert our legal rights.

We reserve the right to assign customer demands to third parties.

All exclusions of assignment in the Terms and Conditions of our customers, and all other contractual terms and conditions which pertain to the assignment of demands are not recognized by us and are deemed as not having been written.

The customer is not entitled to withhold payment or to counter-invoice due to warranty claims or any other counterclaim. We are entitled to demand payment in cash on delivery or payment in advance if the customer is in arrears with payments, or in any other circumstances at our discretion.

In the case of private limited companies we are entitled to lodge a claim against the respective Chief Executive. Liability of the Chief Executive remains valid until our claims have been paid in full.

5) Retention of Title
We retain title to the goods delivered, respectively to the income generated by their resale until they have been paid in full. The retention of title is not diminished in any way due to further processing, or mixing of the goods in any form at all. As long as the delivered goods have not been paid in full any income from the resale is to be treated as borrowed capital and is to be held in trust. Claims by third parties (execution orders etc.) to goods to which we retain title, or income generated by their resale, are to be reported to us immediately.

6) Residues
The fresh meat contains no residues in amounts which exceed the permissible limits, and no forbidden residues.

7) Final clause
Place of performance is 4323 Münzbach; Austrian Law is applicable.