General Terms and Conditions
Jahn Gesellschaft m.b.H. (JAHN)

1. General
Deliveries to JAHN customers shall only be made on the basis of these General Terms and Conditions. Deviating agreements must be made in writing. JAHN employees are not authorized to make deviating agreements orally. With the acceptance of the offers the general terms and conditions are deemed to be accepted by the buyer. The offers are subject to change and non-binding.
1.2. Orders and agreements bind JAHN only if confirmed in writing. This point is limited to feed materials and feed ingredients.

2. Delivery, transport, default of acceptance, transfer of risk
. Decisive for the settlement are the weights or quantities determined at the place of loading. The consignee must check and confirm the loading weight according to the loading documents. Weight complaints made later will not be accepted. JAHN is not liable for the timely arrival of the transport vehicles at their destination. Minor delivery date overruns are permissible. In cases of force majeure, JAHN is entitled to change the delivery date or withdraw from the contract. In the case of loose goods, excess or short deliveries of up to 10% are considered to be in accordance with the contract. In the case of purchase on call with a delivery period of several months, the customer shall call for approximately equal partial quantities in each month. JAHN is entitled to make and invoice partial deliveries. 
2.2. If the customer is in default of acceptance, JAHN is entitled to either store the goods at the expense and risk of the customer at an authorized storage company or to withdraw from the contract after setting a reasonable grace period. 
2.3. The place of performance for delivery and payment is the registered office of JAHN, even if the transfer has been agreed to be made at another location. Benefits and risks shall pass on to the customer at the latest upon the departure of the delivery from the JAHN warehouse, in the case of direct delivery ex works from the latter.
If no corresponding Incoterms are agreed, the risk shall pass on to the buyer upon handover to the shipping agent. If Incoterms are agreed, the version published by the International Chamber of Commerce (ICC), valid at the time of the conclusion of the contract, shall apply.

3. Rates
Deliveries by JAHN are based either on the agreed prices according to the offer and/or contract or the last agreed prices. If the management grants unauthorized special prices, the latter reserves the right to withdraw from the contract. Otherwise, the prices apply according to the respective valid price list. Quoted prices are subject to change.
3.2. Unless otherwise stated, all prices quoted are exclusive of VAT.
3.3. The prices are for bagged goods and big bags, including packaging.
3.4. The prices of JAHN are based on normal water. In the case of restricted shipping, freight surcharges under JAHN purchasing contracts or according to branch practices will apply.
3.5. Invoices are considered approved if they are not objected to within 8 days.
3.6. If, after the expiration of a transaction, additional costs are incurred in the purchase of goods, JAHN may charge them to the buyer if they are proven to have been caused by official or legal dispositions whose effects were unpredictable. In the same way, cost reductions have an effect in favor of the buyer.
3.7. Compound feeds and mineral feeds are delivered freight prepaid in Austria.
3.8. Deliveries of individual components e.g., Ingredients shall be ex works; freight costs are charged to the customer.
3.9. Export deliveries are generally made ex works Linz or ex works Marchtrenk.

4. Payment, late payment
4.1. Unless otherwise in the contract or at the time of placing the order, the payment must be made in EURO within 8 days from the date of invoice, net, without deduction, free of charge. 
4.2. The place of performance of the payment is the registered office of JAHN or the specified bank. The payment is considered fulfilled when the amount transferred has been received by JAHN’s bank. 
4.3.  A set-off against claims of JAHN with counterclaims, of whatever kind, are excluded.
4.4. In the event of late payment default interest in the amount of 3% above the 3-month Euribor per annum will be charged.
4.5. In the case of late payment, the customer shall reimburse all reminder and collection costs.
4.6. In the case of late payment JAHN is released from all further delivery obligations.
4.7. Justified complaints entitle the customer to withhold of a reasonable part of the gross invoice amount.
4.8. Customer payments are generally credited to the oldest debt.
4.9. JAHN-employees are only entitled to collect a written power of attorney.

5. Contract withdrawal
In case of default of payment by the customer, negative credit assessment or opening of bankruptcy proceedings, JAHN is entitled to withdraw from the contract.

6. Warranty
JAHN supplies merchandise of merchantable quality. The provided samples merely serve to identify the type of goods to be delivered. JAHN therefore doesn’t guarantee absolutely true-to-sample delivery. Changes in the composition of the feed, feed materials and additives are permitted without prior notification to the buyer, provided that they are within the scope of the given guarantee or animal nutrition legislation.
6.2. JAHN is not liable for the condition of the transport vehicles.
6.3. The warranty period results from the delivery documents or the bag trailer. Warranty claims expire after 12 months. The statutory warranty periods apply if they are longer than 24 months by law. The statutory warranty provisions apply exclusively to consumers.
6.4. The customer must immediately inspect the goods and notify all defects, which were or should have been detected through a proper inspection, with the announcement of type circumference immediately as well as in writing (notice of defects). These complaints shall only be accepted only after a joint sealed sample collection with a company representative. Hidden defects must be reported immediately after their discovery. Until the complaint has been clarified, the customer must keep the goods properly.
A determination of damage will only be made after analyzes and expert reports have been submitted. If the complaint is justified, then JAHN is free to replace the defective product with a new one, to remedy the defect, or to reimburse part of the purchase price as a reduction claim.
6.5. If a complaint is not made or not collected in time, the goods are considered approved. A subsequent assertion of any claims arising from the defect is excluded. JAHN is exempted from this warranty obligation if changes, modifications or attempts have been made to remedy the defects by other persons. If a notice of defects turns out to be unjustified, the buyer shall reimburse all expenses incurred by JAHN.
6.6. This point only applies to the delivery of compound feed and mineral feed:
In case of complaints, the customer has to provide information on the conditions of availability and the state of health of the animals at the request of JAHN, as well as to give an insight into the veterinary medical examination documents. For the clarification, it is stated that JAHN is not liable for any defects or damages, or assumes no responsibility for them, arising from the orders not made by JAHN (e.g., formulation, dosage), improper storage or transport, as well as deviations from the Animal Feed Hygiene Ordinance; this also applies to defects or damage attributable to material provided by the customer

7. Liability limitations
Liability is limited to the damage typical of the contract.
7.2. The above limitations of liability shall not apply to claims under the Product Liability Act, to damages resulting from injury to life, body or health, or in the event of the assumption of a guarantee or a procurement promise, or in the event of fraudulent intent.
7.3. Clause 6.3 applies to the limitation of claims for damages vis-à-vis entrepreneurs; for consumers, the limitation period of 3 years from knowledge of the damage and the damaging party applies.
7.4. These limitations of liability do not apply in the event of gross negligence or intent.

8. Title retention
Until the full payment of the purchase price, as well as the related interest and costs, the delivered goods remain the property of JAHN. This retention of title also extends to the new products resulting from the procession of the goods. If goods are blended or mixed by JAHN with similar goods not belonging to the buyer, JAHN acquires co-ownership of the product. In case of return of goods, JAHN is entitled to charge the incurred transport and handling costs.
8.2. If the buyer has resold the goods delivered by JAHN to third parties before full payment, the purchase price to be paid shall be deemed assigned to JAHN. At the request of JAHN, the buyer is obliged to inform the third party, the buyer is obliged to inform JAHN immediately. The buyer must ensure proper storage at his expense.
8.3. In the event of late payment, bankruptcy proceedings or the written assertion of retention of title, the customer loses the power to sell, mix, process or feed the goods on which the property was reserved.

9. Succession
All rights and obligations arising from the contractual relationship are transferred to JAHN’s individual successor to the extent and in accordance with § 38 (1) UGB. The contracting party hereby waives his right to object within the meaning of the § 38 Para. 2 UGB. Claims arising after the transfer may only be asserted against the company purchaser.

10.Privacy policy
The customer gives his consent that the personal data disclosed in the context of the business relationship will be saved and processed by us with automated support for the purpose of contract processing and customer information in the form of brochures, catalogues, e-mails, etc. The customer can revoke this consent at any time in writing, via e-mail or fax. In addition, reference is made to the data protection notice at

11.Place of performance, Applicable law, Jurisdiction
Place of performance and exclusive place of jurisdiction for all claims related to the business relationship is the competent district court Ried im Innkreis. Austrian law governs the contract. These General Terms and Conditions of Business also apply to all future legal transactions with the buyer, even if they are not agreed anew. The possible ineffectiveness of individual provisions of these General Terms and Conditions has no influence on the remaining provisions.

St. Marienkirchen a. H., January 2021