1. Scope and Amendment of Terms and Conditions of Purchase
1.1 The following terms and conditions of purchase shall apply to all legal transactions between Viehhandel Josef Venneker GmbH & Co. KG (hereinafter referred to as 'Venneker') and the seller. Any conflicting terms and conditions of the seller which Venneker has not expressly acknowledged in writing shall be non-binding, even if Venneker does not expressly object to them. The invalidity of individual terms shall not affect the validity of the remaining terms. The same shall apply if individual terms do not become part of the contract.
1.2 The following terms and conditions of purchase shall also apply if Venneker, with full knowledge of the seller's conflicting or differing terms, unconditionally accepts the goods.
1.3 Amendments to these terms and conditions of purchase shall be communicated to the seller in text form. They shall be deemed approved if the seller does not object in text form. Venneker shall specifically draw the seller's attention to this consequence when communicating the amendments. The seller must send the objection to Venneker within six weeks of the communication of the amendments.
2. Conclusion of Contract
If contracts with entrepreneurs are concluded subject to written or telegraphic confirmation, the content of the confirmation letter from Venneker shall be authoritative, unless the recipient objects immediately.
3. Delivery
3.1 Venneker utilizes the purchased livestock in its own name and for its own account. After handover, Venneker may freely and at its own risk dispose of the animals within the scope of the contractually agreed purpose.
3.2 If the parties have agreed on delivery 'free domicile' (delivered), delivery shall be at Venneker's cost and risk. In the case of delivery 'ex farm' (ex yard), the cost and risk shall be borne by the seller until handover.
4. Payment
4.1 Payment shall be made after delivery and receipt of the correct invoice within 21 days. The payment deadline shall be extended by the period during which performance by Venneker is impossible for reasons for which Venneker is not responsible.
4.2 A transfer shall be deemed timely if the transfer order was issued before the expiry of the payment deadline.
5. Defects and Warranty
5.1 The seller warrants that the delivered animals are free from defects and diseases and correspond to the contractually agreed properties. In particular, the animals must be healthy, have the correct weight, and be suitable for the agreed purpose.
5.2 In the event of defects, Venneker may demand rectification, replacement of the animals, a reduction in price, or rescission of the contract. The choice shall be at Venneker's discretion.
6. Liability
The seller shall be liable for all damages arising from the delivery of defective or diseased animals, including consequential damages. Liability shall be limited only in cases provided for by Polish law.
7. Final Provisions
7.1 German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
7.2 The place of jurisdiction for all disputes arising from business relations with merchants, legal entities under public law, or special funds under public law shall be Nordkirchen.
7.3 If individual provisions of these terms and conditions of purchase are or become invalid, the remaining provisions shall remain in force. Invalid provisions shall be replaced by such provisions that most closely approximate the intended economic purpose.