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    • General Terms and Conditions of Sale - Konrad Sacher GmbH – Wholesale Timber Trade (B2B)

    Scope of Application
    These General Terms and Conditions of Sale (“GTC”) apply to all deliveries and services provided by Konrad Sacher GmbH (hereinafter the “Seller”) to business entities acting in the course of their commercial or professional activities (“Buyer”) in the wholesale timber trade, including but not limited to sawn timber, panels, glued laminated timber, and construction timber.

    Any deviating, conflicting, or additional terms of the Buyer shall only apply if expressly agreed in writing by the Seller.

    §1 Offers, Contract Formation and Subject Matter

    1. All offers made by the Seller are non-binding and subject to change unless expressly designated as binding in writing.
    2. Verbal agreements shall only become effective upon written confirmation by the Seller.
    3. Information regarding dimensions, weights, delivery times, or transport costs shall be approximate only unless expressly agreed as binding.
    4. Deliveries shall be made ex warehouse of the Seller, loaded free on vehicle, or ex rail siding, loaded free on rail wagon, unless otherwise agreed.
    5. In the event of significant increases in material, production, or market prices after conclusion of the contract, the Seller shall be entitled to adjust prices accordingly. In the case of a substantial price increase, the Buyer shall be entitled to withdraw from the contract.
    6. Packaging, freight, insurance, and ancillary shipping costs shall be charged separately.
    7. Rights and claims arising from the contract may only be assigned with the Seller’s prior written consent.

    §2 Call-Off, Acceptance and Storage 

    1. If the Buyer fails to call off or accept the goods within eight 10 working days of the agreed date, the Seller may, after setting a reasonable written grace period, withdraw from the contract or claim damages.
    2. Provisional invoices may be issued on the basis of estimated quantities; final invoicing shall be based on the actual quantities delivered.
    3. Storage of the goods shall be at the Buyer’s risk and expense. The Seller is not obliged to insure the goods during storage.

    §3 Quantity Tolerances 

    Quantities stated are approximate. Deviations of up to ±10% shall be deemed in conformity with the contract and shall not give rise to any claims. 

    §4 Incoterms® (International Commercial Terms)

    1. Unless otherwise expressly agreed in writing, all deliveries shall be made in accordance with Incoterms® 2020, published by the International Chamber of Commerce (ICC).
    2. The applicable Incoterm® (e.g., EXW, FCA, DAP, DDP) and the named place shall be explicitly stated in the Seller’s order confirmation, delivery note, or invoice.
    3. The agreed Incoterms® clause shall exclusively govern the delivery obligations, transfer of risk, and allocation of costs between the parties and shall prevail over any conflicting provisions of these General Terms and Conditions.
    4. Any commercial expressions such as “free”, “delivered”, “carriage paid” or similar wording shall not constitute an Incoterms® agreement unless expressly referenced as an Incoterms® clause with a named place and reference to Incoterms® 2020. 

    §5 Delivery and Transfer of Risk

    1. Delivery, transfer of risk, and allocation of costs shall be governed exclusively by the agreed Incoterms® clause (Incoterms® 2020).
    2. If no Incoterms® clause has been expressly agreed, delivery shall be deemed to take place at the Seller’s place of business, and the risk of accidental loss or deterioration of the goods shall pass to the Buyer upon handover of the goods to the carrier, freight forwarder, or other person designated to carry out the shipment. 

    §6 Delivery Time, Delay and Force Majeure

    1. Delivery times are estimates unless expressly agreed as binding.
    2. In the event of delay, the Buyer may withdraw from the contract only after granting a reasonable written grace period.
    3. Claims for damages due to delay shall exist only in cases of intent or gross negligence on the part of the Seller or its agents.
    4. Events beyond the Seller’s control, including delays by suppliers, unforeseeable circumstances, or force majeure (e.g., natural disasters, strikes, war, governmental measures), shall entitle the Seller to extend delivery periods or to withdraw from the contract insofar as such events materially affect performance.
    5. A “prolonged disruption” shall generally be deemed to exist after thirty (30) calendar days, taking into account the circumstances of the individual case.

    §7 Payment Terms 

    1. All invoices are payable net without deduction upon the invoice date.
    2. Freight charges, customs duties, insurance, and all ancillary costs shall be borne by the Buyer.
    3. In the event of late payment, default interest shall be charged at a rate of five (5) percentage points above the applicable base interest rate, plus any additional costs incurred, without the need for a reminder.
    4. Partial deliveries shall be invoiced and payable immediately. Advance payments shall be credited proportionally.
    5. Rights of retention or set-off shall only be permissible with undisputed or legally established claims arising from the same contractual relationship and only to a reasonable extent.

    §8 Warranty and Notice of Defects

    1. Obvious defects must be notified to the Seller in writing within ten (10) working days after delivery. Quantity discrepancies stated on delivery notes must be verified separately.
    2. Goods subject to complaint must be stored properly and must not be processed until the matter has been clarified.
    3. In the event of a justified defect, the Seller shall be entitled, at its discretion, to provide replacement goods or grant a price reduction; otherwise, the Buyer may withdraw from the contract.
    4. Liability is limited to cases of intent, gross negligence, or fraudulent concealment.
    5. Timber is a natural product. Variations in color, grain, structure, or other natural characteristics do not constitute defects. The Buyer is responsible for obtaining appropriate professional or technical advice where necessary.

    §9 Creditworthiness and Data Protection

    1. Conclusion of a contract is subject to the Buyer’s creditworthiness.
    2. The Seller is entitled to process personal and business-related data for credit assessment purposes and to transmit such data to credit agencies in accordance with applicable data protection laws, including the GDPR.
    3. In the event of doubtful creditworthiness, the Seller may require advance payment or security. If such payment or security is not provided, the Seller may withdraw from the contract or claim damages.

    §10 Retention of Title 

    1. The goods delivered shall remain the property of the Seller until full settlement of all claims arising from the ongoing business relationship.
    2. Goods subject to retention of title must be stored properly and insured by the Buyer against customary commercial risks.
    3. The Buyer is entitled to resell or process the goods in the ordinary course of business. Pledging or assignment by way of security is not permitted.
    4. Claims arising from resale are hereby assigned to the Seller in advance as security (extended retention of title).
    5. Any processing, combining, or mixing of the goods shall be carried out on behalf of the Seller. Co-ownership shall be determined in proportion to the invoice value.
    6. In the event of default or other breach of contract, the Seller may demand surrender of the goods.
    7. If the value of securities exceeds the secured claims by more than 20%, the Seller shall release securities at its discretion.
    8. Upon filing for or opening of insolvency proceedings, rights of resale and collection shall automatically expire.

    §11 Liability and Trade Usages

    1. Liability for contractual breaches and other claims for damages shall be limited to intent and gross negligence.
    2. Deliveries shall be subject to applicable trade usages, including the Tegernsee Customs for the Timber Trade and trade practices of the Association of German Timber Importers, insofar as they do not conflict with these GTC. 

    §12 Drop Shipment / Direct Delivery 

    1. Where delivery is effected directly by manufacturers or third parties, the Buyer shall remain exclusively in contractual relationship with the Seller.
    2. The Seller remains responsible for proper delivery and quality of the goods.

    §13 Place of Performance, Transfer of Risk and Jurisdiction

    1. Place of Performance
      The place of performance for all payments and other obligations of the Buyer shall be the Seller’s registered office, insofar as legally permissible.
    2. Delivery and Transfer of Risk
      Delivery, transfer of risk, and allocation of costs shall be determined by the agreed Incoterms® clause (Incoterms® 2020).
      In the absence of an express Incoterms® agreement, delivery shall be deemed to take place at the location of the goods at the time of dispatch, and risk shall pass to the Buyer upon handover to the carrier.
    3. Jurisdiction
      Exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the Seller’s registered office, provided the Buyer is a merchant, a legal entity under public law, or a special public-law fund.The Seller shall also be entitled to bring legal action at the Buyer’s general place of jurisdiction.