Conditions of Purchase

Language:

All documents referring to this contract and including all delivery documents have to be in English.

 

This contract and all orders underlie our relevant product specifications, as well as our general terms and conditions, which can be seen on our homepage www.feinkost-dittmann.de and as follow-up. Changes may only be agreed within this contract.

 

This contract is made between the following parties, as mentioned: Reichold Feinkost GmbH as the client and the supplier, who is mentioned above. The client is bound by this contract buying the goods as arranged whereas the supplier undertakes to sell the before mentioned products to the client regarding the following terms and conditions.

 

In general, the mentioned quantities are based on estimated needs and can vary. Subsequent agreements only apply for the relevant products.

 

1. Packing material and printing data for branded items (4-digit article number):

 

  • The packing material has to be confirmed by Reichold Feinkost GmbH, before it will be ordered or used by the supplier.

  • The packing material has to be requested to Reichold Feinkost GmbH at least 1 week (5 working days), before the supplier needs to order to his provider. Within the same request the supplier always has to inform about all stocks of empty packing material and already packed products as well as has to send current design-PDF of the product for approval. Reichold Feinkost GmbH claims one-week time to check and answer.

  • Approval for packing material has to be always requested according to agreed prices and contract quantities with Reichold Feinkost GmbH.

  • The request of packing material has to consider always remaining contract quantities. If remaining contract quantities causes higher price of packing material the supplier has to cover this differences and costs on his own.

  • Overproduction of packing material and left stock after the contract has to be covered by the supplier.

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    2. Production samples:

     

  • During production of ready packed products (4-digit article number) one sample of every lot every two hours has to be taken.

  • During production of raw material (5-digit article number) it is necessary to take appropriate samples of each lot.

  • All samples must be stored not less than 1.5 times of its shelf life.

  • On request the supplier has to provide his own analytical results to the client.

  • In case of a claim the supplier has to deliver the requested samples within 4 hours + courier transport period.

  • Samples have to show our order number and product code, BBE date and lot number.

  • Samples of ready packed products (4-digit article number) which are not supplied to our warehouses in Taunusstein, Diez or Heidesheim must be catalogued. A summary has to be sent by every 15th of the month. We will feel free to ask for selected samples.

  • Production samples of products which are not supplied to our warehouses in Taunusstein, Diez or Heidesheim have to be send to us without further request. The supplier has to send 3 samples of each, produced best before date, to Taunusstein with attention to: incoming goods control department – samples have to be marked with the matching order No.

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    3. Requirements

     

    3.1. Requirements on ready packed products (4-digit article number):

     

  • All products must be hermetically sealed, dry on the outside and must not show lime scales (calcium carbonate).

  • The BBD has to be printed on every product exactly and sharply (no deformation).

  • Lids must not be damaged, dirty or rusty and must be clearly printed when printing is requested.

  • Labels (if requested) have to be glued properly without unevenness and in the correct, agreed position.

  • Cartons/Trays must be glued properly, and the requested information must be clearly printed.

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    3.2. Requirements on raw materials (5-digit article number):

     

    • The label on the product must contain:

      • BBD (best before date)

      • Production date

      • Article number of Reichold Feinkost GmbH

      • Total weight and drained weight

      • The English name of the product

      • The year of crop of the delivery goods

    • Products in brine must be covered with enough brine.

    • Cartons/Trays have to be glued properly and without adhesive residues. It must be used blue adhesive tape.

    • The protective foil (Inliner) in the cartons/trays must be comprised blue. The foil thickness must have at least 0,04mm, preferred are 0,05mm.

    • If there are not existing other EU regulations or agreements between the supplier and the client, used barrels and belonging equipment (sieves, cup, downholder, etc.) can be delivered but have to be absolutely clean, strong, not broken or damaged and not translucent.

    • A seal underneath the lid of the barrel, a grip and a sieve or a downholder are requested.

    • All barrels must be closed absolutely tight, no loss of liquid must be possible.

    • All barrels within the same delivery must be 100% identical, even the size of the barrels. There must not be any residues of labels on the barrels.

    • Metal drums must be new all the time.

    • The plastic barrels must have a screw cup with a minimum diameter of 25cm.

     

    3.3. Requirements on packaging/ delivery:

     

  • Each delivery must not contain more than two production lots per product.

  • Same articles have to be loaded in block/ groups, not spread among other articles.

  • Palettes with mixed BBDs have to show the exact quantity of every BBD.

  • No product, carton, foil etc. must overlap the size of the pallet.

  • The supplier is responsible to ensure the truck/ vessel is not overloaded.

  • To ensure save arrival of goods the supplier must allow the driver/ forwarder to control the load before leaving the loading place. In case of wrong loading, the forwarder is requested to reload the transport goods adequately.

  • All barrels and pallets must be secured (e.g. with strong belts) to avoid movement of the goods inside the container or truck.

  • It is only allowed to use clean and not damaged pallets. The supplier must use euro pallets, apart from there are existing other agreements with company Reichold Feinkost GmbH.

  • Pallets must not be loaded crosswise on the truck, only lengthwise for deliveries to Taunusstein. If the forwarder requests different loading, the supplier must contact the client for clarification. If there do not exist any other agreements between the client and the supplier, the supplier is asked to deliver its products on euro pallets.

  • If loading of two layers is allowed, they must be separated with stable intermediate layers (consisting of plastic).

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    3.4. Requirements on loading papers/ delivery notes/ documents:

     

    • all loading papers and delivery notes must show:

      • order number as written in our matching order

      • our article number per delivered article as written in our matching order

      • the best before dates of the product

      • the year of crop of the delivered goods

      • the English article description of the product

      • the quantity in kg or pieces (as per agreed unit)

      • if the item is certified: certification number of ASC, MSC, organic etc.

    • additionally, on invoices:

      • the price per kg or pieces (as per agreed unit)

      • invoices have to be send via electronic mail (PDF document) to the client: buchhaltung[at]feinkost-dittmann.de or to ALMI.
        The subject of the mail has to be the invoice number and supplier name.

    • Following documents and certificates, needed for the import, must be provided and sent by Email before the delivery.

      • Commercial invoice (3 copies)

      • Packing list (3 copies)

      • Bill of lading (container/ ship) or CMR (truck)

      • Both in Original

      • In case of Express BL (only sent by Email)

      • Certificate of analysis

      • Phytosanitary certificate (original document)

      • Certificate of origin / EUR 1 (original document)

      • Temperature records

      • Product declaration

      • ATR (original document)

      • Form A (original document)

      • Can Code List

      • Organic certificate (original document)

      • Veterinary certificate

      • Fishing certificate

     

    (Company Reichold Feinkost kindly points out, that the supplier must send the matching and necessary documents for the agreed products on their own responsibility to the client.)

     

    • For loading in containers/ SOLAS information:

      • The supplier must mention the Verified Gross Mass (VGM) to the shipping company/forwarder.

      • The supplier has to record the method of determination the weight and present to the shipping company/ forwarder and client.

     

    4. Certificates (e.g.: organic, MSC, ASC, Global GAP):

     

    • Have to be presented to the client and must be valid for the shipment period.

    • If a new certificate is issued during the shipment period, the supplier has to send it to the client without further request by the client.

    • If there will be any changes during the contract period, the supplier has to inform the client without further request by the client.

    • Additional requirements on organic products:

      • Delivery note and invoice has to show the control code of the certification body.

      • The control code of the certification body has to be the same as in the valid organic certificate.

      • If goods are from a third-party country, the organic certificate has to be provided to the client BEFORE every loading.

      • The numbers of MSC and ASC must be written on the invoices as well as on the labels.

     

    5. Additional agreements

     

  • Each order has to be confirmed in written form at least within 2 days after receipt.

  • Costs for a delay in delivery will be charged to the supplier.

  • Reichold Feinkost GmbH has to be informed about special factory closing times (such as local festivities, Ramadan, Bayram, easter, summer holidays, bank holidays, maintenance work, …) within January.

  • If the delivered product does not match the specification or the warehouse criteria, the client and its partners are allowed to return the goods and/ or decrease the invoice in the concerned amount for not useable product or packaging costs.

  • All additional costs caused by delivery delay will be charged to the supplier. Exceptions are delays caused by acts of nature beyond control.

  • If the supplier realizes changes of the contents of the contract and/ or product specification during the contract period, he must inform the client in written form immediately. Changes have to be confirmed in written form by the client before carried out by the supplier.

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    6. (Un)announced inspections/audits

     

  • The client Reichold Feinkost GmbH as well as its customers are authorized to do unannounced as well as announced inspections during the regular business hours.

  • In case of the client`s customers, it is only justified to do audits in the supplier`s premises, which are producing relevant goods for the customer.

  • The inspections contain controlling about compliance of the contractual obligations, including the production of the contracted good. T

  • he inspections are performed by authorized representatives of the client`s and/or the customer`s companies.

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    7. Penalty clause:

     

  • All orders must be confirmed by the supplier minimum 2 working days after receipt, otherwise the client can deduct 1% of the goods’ value.

  • If the quality of the delivered goods does not match the requirements of the specification, the client is allowed to deduct 5% of the goods’ value for each single defect.

  • In addition, Reichold Feinkost GmbH has the rights of German law, §§439 BGB.

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    This contract was automatically created and is valid without signature from our side.