1 Scope and amendment of the terms and conditions
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 deviating terms and conditions of the Seller which are not expressly recognised by Venneker in writing shall not be binding, even if Venneker does not expressly object to them. The invalidity of individual terms and conditions shall not affect the validity of the remaining terms and conditions. The same shall apply if individual terms and conditions do not become part of the contract.
1.2 The following Terms and Conditions of Purchase shall also apply if Venneker accepts the goods without reservation in the knowledge of conflicting or deviating terms and conditions of the Seller.
1.3 The Seller shall be notified of any amendments to these Terms and Conditions of Purchase in text form. They shall be deemed approved if the Seller does not object in text form. Venneker shall specifically point out this consequence to the Seller upon notification. The Seller must send the objection to Venneker within six weeks after notification of the changes.
2. conclusion of contract
If contracts with entrepreneurs are concluded subject to written or telex confirmation, the content of Venneker's letter of confirmation shall prevail unless the recipient objects immediately.
3. delivery
3.1 Venneker shall utilise the sold livestock in its own name and for its own account. Upon handover, Venneker may freely dispose of the animals within the scope of the contractually agreed purpose and on its own responsibility.
3.2 Venneker is entitled to choose a different type of utilisation at its discretion.
3.3 Unless otherwise agreed, the Seller shall provide the livestock intended for utilisation in an empty (sober) condition in compliance with the animal welfare regulations from the farm.
3.4 The Seller shall comply with the legal requirements for labelling and reporting the delivered livestock. The relevant documents (e.g. animal passport) shall be duly provided by the Seller.
4. cattle for slaughter
4.1 Only animals for which a slaughtering licence has been issued and which have been assessed as free of objections after an ante-mortem inspection on the basis of food hygiene regulations shall be accepted for slaughter.
4.2 The risk of destruction or damage shall pass to Venneker in the slaughter animal area from the Seller's loading ramp.
4.3 The costs arising from the slaughter and disposal of the following animals shall be borne by the Seller, unless they are borne by public authorities:
a. Animals with externally visible defects or hidden defects known or unknown to the seller (e.g. boars, internal boars, hermaphrodites, erysipelas, mange, paralysis, plague, swine leucosis and diseases of all kinds).
b. Animals that are delivered for special slaughter or due to suspected disease and that have been refused slaughter authorisation following ante-mortem inspection in accordance with food hygiene regulations.
c. Slaughter pigs with a slaughter weight of less than 80 kg.
d. Animals that are objected to on the basis of official meat sample inspections.
The slaughter order/disposal order placed with Venneker shall be deemed to have been placed in the name and for the account of the Seller.
4.4 The delivered slaughter animals must be free of active substances that are not authorised under food law. No prohibited or unauthorised substances may be administered and the specified withdrawal periods must have been observed after the use of authorised pharmacologically active substances. Only animals for slaughter shall be delivered whose meat does not contain any residues or levels of substances that exceed the specified maximum quantities or assessment values or values that are harmless to health according to scientific findings.
4.5 If the slaughtered animals are rejected due to official or legally prescribed sample tests, the Seller shall be liable for all resulting damage to Vennekers in accordance with the statutory provisions. In the event of a meat inspection complaint, Venneker shall have the right to utilise the carcasses without prior notification of the Seller.
4.6 The weighing, classification, labelling and evaluation of carcasses as well as the slaughtering or cutting of the animals shall be carried out in accordance with the applicable statutory regulations.
4.7 The invoicing for the delivered carcasses shall be based on slaughter weight and slaughter value on the basis of the approval by the statutory meat inspection and in accordance with the applicable statutory regulations.
4.8 Price reductions for reduced proceeds due to defects (cracks, hidden damage, parasites, operations) are possible.
4.9 Unless otherwise agreed, the statutory provisions shall apply to Venneker's rights and claims. Venneker shall be entitled to statutory warranty claims without limitation.
5. livestock and breeding stock
5.1 The risk of loss or damage shall pass to Venneker in the area of livestock and breeding stock upon delivery or, in the case of auctions, upon acceptance of the bid.
a. to be in normal health, normally fit for breeding and free from disease,
b. to be free from internal ovulation, hermaphroditism, anuslessness, udder prolapse, udder quarter prolapse,
c. to come from a herd officially recognised as healthy,
d. to have no defects known to the seller which significantly impair the possibility of use.
5.3 Unless otherwise agreed, Venneker's rights and claims shall be governed by the statutory provisions. Venneker shall be entitled to statutory warranty claims without limitation.
6. current account
6.1 All mutual claims arising from the business relationship may, insofar as this is agreed separately, be placed in a current account to which the provisions of §§ 355 et seq. of the German Commercial Code (HGB) apply. HGB (German Commercial Code) shall apply.
6.2 Venneker's claims on the current account shall bear interest at 9 percentage points above the base interest rate.
7. liability
7.1 Claims for damages by the seller, regardless of the legal grounds, in particular for breach of duties arising from the contractual obligation and from tort, are excluded.
7.2 This does not apply insofar as liability is mandatory by law, in particular in cases of fraudulent intent, intent and gross negligence, injury to life, body or health, the assumption of a guarantee, e.g. for the existence of a property, the breach of essential contractual obligations or liability under the Product Liability Act. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance can be regularly relied upon.
7.3 Claims for damages due to slightly negligent breach of essential contractual obligations are limited to the foreseeable damage typical for the contract.
7.4 Insofar as liability is excluded or limited, this shall also apply to the personal liability of Venneker's employees, staff, representatives or vicarious agents.
7.5 The above provisions do not imply a change in the burden of proof to the detriment of the Seller.
8. set-off/retention
8.1 Venneker may at any time set off its claims against claims of the Seller. The Seller may only set off such counterclaims which are not disputed by Venneker or which have been recognised by declaratory judgement.
8.2 The Seller may not exercise a right of retention which is not based on the same contractual relationship. If the Seller is an entrepreneur, it may only assert a right of retention on the basis of a claim that is undisputed or has been recognised by declaratory judgement.
9. data protection
The personal data processed by Venneker within the scope of the business relationship is processed in accordance with the applicable data protection regulations, in particular the GDPR and BDSG. Further information on this can be found in Venneker's data protection information, which is available at datenschutz@vieh-venneker.de;
10. liability
10.1 Claims for damages by the contractual partner, irrespective of the legal grounds, in particular for breach of duties arising from the contractual obligation and from tort, are excluded.
10.2 This does not apply if liability is mandatory by law, in particular in cases of malice, intent and gross negligence, injury to life, limb or health, the assumption of a guarantee for the existence of a property, breach of material contractual obligations or liability under the Product Liability Act. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance can be regularly relied upon.
10.3 Claims for damages due to slightly negligent breach of essential contractual obligations are limited to the foreseeable damage typical for the contract.
10.4 Insofar as liability is excluded or limited, this shall also apply to the personal liability of Venneker's employees, staff, representatives and vicarious agents.
10.5 The above provisions do not imply a change in the burden of proof to the detriment of the contractual partner.
11. data protection
The personal data processed by Venneker within the scope of the business relationship is processed in accordance with the applicable data protection regulations, in particular the GDPR and BDSG. Further information on this can be found in Venneker's data protection information, which is available at datenschutz@vieh-venneker.de.
12. place of fulfilment/jurisdiction/applicable law
12.1 Venneker's registered office shall be the place of fulfilment for all performance obligations if the contractual partner is a merchant or a legal entity under public law or a special fund under public law or if the contractual partner's place of residence is outside the Federal Republic of Germany.
12.2 If the contractual partner is a merchant or a legal entity under public law or a special fund under public law, Venneker's registered office shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, Venneker shall be entitled to sue the contractual partner before the court where the contractual partner has its registered office.
12.3 The contractual language is German. The law of the Federal Republic of Germany shall apply exclusively to declarations made and contracts concluded on the basis of these terms and conditions, to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
13th consumer arbitration board
Venneker is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
