1. The Trader retains title in goods and documents until full payment of all claims against the purchaser from the business relationship, including future claims, has been received. For transactions on a current account, the retention of title also applies as collateral for the outstanding balance.

2. The goods subject to retention of title are processed for the Trader as the manufacturer without incurring any liabilities for the Trader. The Trader is entitled to (joint) ownership of the object produced by processing, irrespective of the time and degree of such processing. If the contractual object is processed, combined or amalgamated with other items not belonging the Trader, the Trader will acquire joint ownership in the new object in the proportion corresponding to the value of the reserved object to the other processed objects at the time of processing. In the event that the purchaser acquires (joint) ownership in the goods subject to retention of title, irrespective of the preceding provision, by way of processing the object, the purchaser shall transfer (joint) ownership of the goods to the Trader and store these
goods on behalf of the Trader. The purchaser hereby assigns any claims for surrender against third parties to the Trader. The goods are deemed goods subject to retention of title in the meaning of these provisions.

3. The purchaser may only dispose of goods that are subject to retention of title during their ordinary course of business against cash payment or under retention of title. The purchaser is only permitted to pledge the goods or offer them as chattel mortgage with the express consent of the Trader and under the condition of prompt surrender of any proceeds to the Trader for the purpose of making payment for and balancing of any outstanding balance at such time. The purchaser assigns all claims stemming from such disposal, regardless of whether the disposal takes place before or after processing, combining, etc., including all ancillary rights and potential claims against debt insurance, to the Trader upon entering into a contract. In the event the Trader only holds joint title in the goods, or if the goods are sold for a total price together with other goods in which the Trader does not hold title, the claim will only be assigned in the amount invoiced by the Trader to the purchaser for the corresponding proportion of the goods.

4. The purchaser is authorised to collect claims stemming from the disposal until this authorisation is revoked. The Trader may in particular revoke this authorisation to collect claims if the purchaser fails to perform the payment obligations owed to the Trader. If the authorisation is revoked, this right will transfer to the Trader, including in the case of insolvency. The purchaser must grant the Trader access to the goods at any time, label the goods subject to retention of title as the Trader's property if requested and provide all information requested by the Trader. In the event of delayed payment, the purchaser must notify their customers of the transfer of such claims if requested to do so by the Trader. If the disposal results in the purchaser receiving bills of exchange or cheques from a third party, the purchaser assigns their claim from such bills of exchange or cheques to the Trader in the amount corresponding to the assigned claim from the disposal. The title in the bill of exchange or cheque document is transferred from the purchaser to the Trader, with the purchaser safeguarding this document on behalf of the Trader.

5. The purchaser shall observe the rights of the Trader in the event of a third party accessing the goods that are subject to retention of title and notify the Trader of any such access in writing without undue delay.

6. The purchaser must take out adequate insurance cover against the usual risks for as long as the Trader holds title in the delivered goods. The purchaser hereby assigns all claims for damages, in particular claims against insurance, to the Trader in the amount corresponding to the claim.

7. The Trader shall release any overcollateralisation to the purchaser upon request. Overcollateralisation is deemed to exist if the value of the collateral exceeds the value of the collateralised claims by more than 30%. The Trader may release collateral at its sole discretion.

General Terms & Conditions of BayWa Agrarhandel GmbH

General Terms & Conditions of BayWa Agrarhandel GmbH

Besondere Geschäftsbedingungen der BayWa Agrarhandel GmbH für den Verkauf von Saatgut

Qualitätsanforderungen und Annahmebedingungen

Spediteurbedingungen