GENERAL TERMS AND CONDITIONS OF PURCHASE

  1. All purchases of FARM GOLD Handels-GmbH (hereinafter referred to as FARM GOLD) from its suppliers (hereinafter also referred to as Supplier) are exclusively governed by the “General Terms and Conditions of Purchase” stated here in the version valid at the time of the order. Their validity is also agreed for all future contract conclusions, unless otherwise agreed in writing.
  2. FARM GOLD does not recognize deviating terms and conditions of the Supplier, unless FARM GOLD has expressly agreed to their validity in writing. Subsidiary agreements and verbal agreements shall only be valid if they have been confirmed in writing by FARM GOLD.
  1. If the offer or the order confirmation deviates from the inquiry or order of FARM GOLD, the Supplier shall particularly emphasize the deviations.
  2. Unless expressly stated otherwise by the Supplier, the Supplier shall be bound by its offer for 14 calendar days from the date of receipt of the offer by FARM GOLD. 
  3. Orders are only effective if they are placed in writing by FARM GOLD. 
  4. Order confirmations sent by the supplier are without legal effect and do not require a separate objection. The acceptance of the goods or other conduct of FARM GOLD does not constitute an agreement with the order confirmation.
  1. Unless otherwise expressly agreed, a performance period of 14 days from the conclusion of the contract is agreed. 
  2. The Supplier shall provide the Purchaser with the following documents at the latest upon dispatch of the goods:
    1. the commercial invoice 
    2. Certificates of origin 
    3. Certificates of analysis from independent authorized body (e.g. independent accredited testing laboratory or equivalent) for at least the following parameters: microbiology, aflatoxin, pollutant content 
    4. the documents expressly indicated in the respective order, insofar as they go beyond the documents indicated in this point 
  3. Unless otherwise agreed in writing, delivery DDP to the registered office of FARM GOLD (IZ NÖ-Süd, Strasse 10, Objekt 40, 2355 Wiener Neudorf, Austria) in accordance with INCOTERMS 2020 shall be deemed agreed. 
  4. Partial deliveries are only permitted with express written consent.
  1. Unless other payment terms are agreed in writing, subject to para. 4, a payment term of 14 days after the fulfillment of the obligations under Article 30 of the UN Sales Convention and transmission of an invoice shall apply. 
  2. FARM GOLD is entitled to make payments also in the currency Euro. The exchange rate agreed upon is the exchange rate published by the Vienna Stock Exchange at the time the payment is made. 
  3. Interest on arrears shall be agreed at the rate of 4 % p.a. 
  4. FARM GOLD is entitled to withhold the entire purchase price if and as long as 
    1. the goods have defects for which the supplier is responsible and/or 
    2. the goods are incomplete and/or
    3. as long as the documents according to § 3 para 2 have not been submitted. 
  5. The payment period pursuant to para. 1 shall not commence until the end of the right of retention. 
  1. In any case, the Supplier waives the objection of an unreasonable time limit for the notification of non-conformity of the goods (Art 39 UN Sales Convention), provided that such notification is made within 14 days after the non-conformity was or should have been detected. 
  2. If FARM GOLD detects any lack of conformity of the goods (e.g. missing or wrong characteristics, spoiled goods etc.) within two months after the passing of the risk, it shall be presumed that such lack of conformity already existed at the time of the passing of the risk. 
  3. FARM GOLD shall also be entitled to demand replacement delivery or cancellation of the contract in the event of a breach of contract which does not constitute a material breach of contract within the meaning of Art 25 UN Sales Convention.
  4. In the event of a breach of contract, the Supplier shall pay a processing fee of 5% of the agreed price of the affected delivery, irrespective of any further claims. 
  1. Amendments, supplements or the mutually agreed cancellation of this contract must be in writing in order to be effective. The same shall apply to other declarations of the contracting parties which are required for the substantiation, preservation or exercise of their rights, in particular notices of defects, setting of deadlines or unilateral declarations of cancellation. Notifications by fax or other means of electronic transmission (e.g. e-mail) shall satisfy the written form requirement. Any waiver of the written form requirement shall also be in writing. 
  2. This shall also apply mutatis mutandis if written form or written form is required in these Terms and Conditions. 

Unless otherwise agreed in writing, the place of performance for delivery and payment shall be the registered office of FARM GOLD. 

  1. For all disputes the exclusive place of jurisdiction is agreed to be Vienna in Austria. However, FARM GOLD may also bring an action at the Supplier’s place of business. 
  2. The business relationship between the Supplier and FARM GOLD shall be governed exclusively by Austrian law, including the UN Convention on Contracts for the International Sale of Goods. 
  3. The contracting parties agree to apply the UN Sales Convention mutatis mutandis to the purchase of goods, even if the requirements of Article 1 UN Sales Convention are not met. Therefore, for example, if the supplier has its registered office in Austria, the purchase of goods shall be governed by the rules of the UN Sales Convention. 

Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the originally intended purpose.

GENERAL TERMS AND CONDITIONS OF SALE

  1. All sales of FARM GOLD Handels-GmbH (hereinafter referred to as FARM GOLD) to its customers are exclusively governed by the “General Terms and Conditions of Sale” stated here in the version valid at the time of the order. These terms and conditions do not apply to sales to consumers within the meaning of the KSchG or to sales via the online store GoldTHEKE.
  2. FARM GOLD does not recognize deviating terms and conditions of the Purchaser, unless FARM GOLD has expressly agreed to their validity in writing. Subsidiary agreements and verbal agreements shall only be valid if they have been confirmed in writing by FARM GOLD.

Prices may change due to the constantly fluctuating exchange rates, raw material prices and transport costs, customs duties and the like. Therefore, if the cost prices of raw materials for FARM GOLD change by more than 5% between the conclusion of the contract and the delivery, FARM GOLD has the right to demand the adjustment of the price in proportion to the change of the cost price. 

  1. Unless otherwise expressly agreed, a performance period of 14 days from the conclusion of the contract is agreed. 
  2. The customer is obliged to accept services in accordance with the contract. 
  3. The customer shall also be obligated to accept partial performance unless it can demonstrate good cause why such acceptance would be unreasonable. 
  4. If the Customer is in default of acceptance or culpably violates other duties to cooperate, FARM GOLD shall be entitled to claim compensation for the damage caused or incurred thereby, including any additional expenses. In any case, FARM GOLD may charge a storage fee of 0.2% of the value of the goods per calendar day or part thereof. Further claims and the right of FARM GOLD to insist on performance shall remain unaffected.
  5. In case of default in acceptance FARM GOLD shall also be entitled to sell the goods by way of a self-help sale within the meaning of section 372 of the Austrian Commercial Code (UGB), whereby in any case a private sale is permissible and all obligations to threaten the self-help sale and other obligations to give notice shall cease to apply. Goods spoiled due to default in acceptance may be disposed of by FARM GOLD at the Customer’s expense. Further legal rights of FARM GOLD remain unaffected by these provisions. 

The delivered goods remain the property of FARM GOLD until full payment of the purchase price. This also applies to products which are manufactured from the goods of FARM GOLD which have not yet been paid for. 

  1. Unless other terms of payment are agreed in writing, payment in advance shall be deemed to have been agreed. 
  2. Even in the event of a delay in payment by the Purchaser through no fault of its own, FARM GOLD shall be entitled to charge default interest in the amount of 12 % above the base interest rate, but at least 12 % p.a.. In this context, the base interest rate applicable on the first calendar day of a half-year shall be decisive for the respective half-year. This shall not affect claims for reimbursement of proven higher refinancing costs in the event of default in payment for which we are responsible.
  1. The warranty period ends when the “best-before date” indicated by the manufacturer on the purchased product is reached, provided that the product has been stored properly. If the Customer claims a defect, it is incumbent on the Customer to prove that the defect was already present at the time of handover and that the product was stored properly. A right of recourse of the Customer against FARM GOLD from own warranty obligations is excluded.
  2. Notices of defects within the meaning of § 377 of the Austrian Commercial Code (UGB) must be given within seven days. 
  3. FARM GOLD does not assume and does not grant any guarantees whatsoever. 
  1. In case of default by FARM GOLD, the Customer shall grant a grace period of at least 14 days before being entitled to withdraw from the contract. 
  2. In case of events of force majeure, official measures and the like, which affect the performance of the agreement, FARM GOLD shall be entitled, notwithstanding paragraph 1, to postpone the performance for the relevant period of time. If such events delay the performance of the agreement for more than three months, each party shall be entitled to withdraw from the agreement, whereby each party shall be released from the performance of its obligations. 
  3. If, due to force majeure, natural disasters or political instability, delivery delays, delivery failures or other gross difficulties (e.g. massive price increases) occur in the supply chain of FARM GOLD, the latter shall, notwithstanding the rights under the preceding para. 2 and § 2, optionally also have the right to withdraw from the contract, whereby each party shall be released from the performance of the obligations incumbent upon it. 
  1. Without prejudice to further limitations of liability, FARM GOLD shall only be liable for intent and gross negligence, except in case of personal injury. 
  2. Liability for mere pecuniary loss and loss of profit shall furthermore be limited to the amount of the agreed remuneration. 
  3. The limitation period for the judicial assertion of claims for damages is reduced to six months from the occurrence of the primary damage. 

A set-off against claims of FARM GOLD is only permitted with undisputed or legally established claims.

Unless otherwise agreed in writing, the place of performance for delivery and payment shall be the registered office of FARM GOLD. 

  1. For all disputes the exclusive place of jurisdiction is agreed to be Vienna in Austria. However, FARM GOLD may also sue at the Customer’s place of business. 
  2. The business relationship between the Customer and FARM GOLD shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the originally intended purpose. 

Proven Quality /