Terms and Conditions

Terms and Conditions

If you visit or shop at  ButchersBestFriend.com, you accept the following conditions.  Please read them carefully.  Please review our Confidentiality Agreement, which also governs your visit to ButchersBestFriend.com, to understand our practices.
Terms and Conditions 
General
  • Our offers are exclusively for business clients.  Orders from private persons are not accepted.
  • All sales of the company GEMA Lebensmitteltechnik are governed by these and other specifically stated conditions.  Exceptions are subject to our written consent.  Our offers carry no obligation.
 
Orders
  • It is the responsibility of the buyer to inspect used machinery before purchasing.
  • Orders must include the address and telephone number of the buyer.
  • All items are subject to prior sale.  Prices exclude labour at original location and destination of machine. 
  • Orders that do not meet these requirements or that contain conditions or additions may not be accepted.
 
Sales
  • The order request is valid upon acceptance by us.  Our acceptance of the order is shown by either sending a bill, sending the item or by sending a letter of acceptance.
  • The automatically generated email response only shows that we have received your email and does not imply any acceptance of the order.
 
Payment
  • We accept money orders or bank transfers.
  • All prices are net prices, you have to add sales tax.  Packaging and delivery costs are not included in the list price.
  • Any customs duties or import taxes are the responsibility of the buyer. 
  • All payments must be made in Euros.  Prices in other currencies are for reference purposes only.  Prices are exclusive of banking fees or exchange rate fees - these are the responsibility of the buyer.
  • Payment Conditions: cash advance.  Payment must be wired over to our account in full within 10 days of ordering, otherwise the order will be canceled.
 
Delivery
  • If we are shipping your order across a border we will ensure that it meets any customs requirements that may exist.
  • Any customs duties that may be incurred must be paid by the buyer.
  • Used machines are sold from either their storage place or their original location.  The buyer is responsible for all shipping costs including loading, shipping and/or any equipment or additional manpower needed in the case of used machines.
  • In cases where the buyer wants to pick up the item personally, he must do so within three weeks of the purchase date after which we are no longer responsible for the item.

  • Tax free export to third countries (non-EU countries):
    In order to comply with German Tax and Export Laws and to obtain the export certificate, we collaborate with German Shipping companies.  In case a customer picks his machine/s up himself or organises a foreign shipping company, we will add the VAT to the price of the machine.  When we receive the export certificate (not later than 3 months after delivery of the machine/s), we will refund the VAT within 30 days.

 
Property Ownership
  • Full ownership of the item is transfered to the buyer upon receipt of payment.
 
Limitation of Liability
  • Used machines may have been taken out of service for various reasons.  It may be that the company has upgraded their equipment, technical or production line requirements may have changed or the machine may have broken down.  Some machines may require major repairs.  Machine specifications listed on the website are for general information and are not legally binding.  The posted descriptions are not proof as to the actual state of the specific item.  Therefore it is the responsibility of the buyer to personally inspect the item before purchasing it.
  • The sale of used machines include no warranty whatsoever unless otherwise specifically stated in writing.  We do not sell to private individuals.
  • The company GEMA Lebensmitteltechnik offers no guarantee as to quantity, quality, usability or state of repair of used machines.
  • The company GEMA Lebensmitteltechnik is only liable in cases of not fulfilling our side of the contract.
  • We are not responsible for any losses in production incurred due to delays in shipping.  There may be backlogs in the ports or ships may be delayed due to severe weather.  These are circumstances beyond our control and we will not be held responsible.
 
Outstanding Debts
  • Outstanding debts will incur an 8% p.a. penalty charge.
 
Governing Law and Jurisdiction
  • The website (excluding linked websites) is controlled by GEMA Lebensmitteltechnik.  The website can be accessed from all countries around the world.  As each of these countries has laws that differ from those of Germany, by accessing the website, the user agrees that all matters relating to access to, or use of, the website, shall be governed by the laws of Germany.  The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of German Courts and acknowledges that the user does so voluntarily and is responsible for complying with local laws.  Any legal dispute incurred must be handled in Weissenburg, Germany.  The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.  Terms and Conditions are binding.
Pleinfeld,  02.02.2011
 
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