General Terms and Conditions of garmo AG
1. Area of application
The following terms and conditions of sale apply to all offers made by us and to contracts concluded between ourselves and the Buyer for the supply of goods. They also apply to all future business relationships, even if they are not explicitly newly agreed. Any deviating terms and conditions of the Buyer which we do not expressly recognise are non-binding for us, even if we do not reject them expressly. The following terms and conditions of sale also apply if we fulfil the Buyer’s order without reservation in the knowledge of contradictory or deviating terms and conditions of the Buyer.
All agreements which have been reached between the Buyer and us for performance of the purchasing contracts are specified in writing in the contracts.
2. Offer and contract conclusion
We may accept an order from the Buyer which constitutes an offer to conclude a purchasing contract within two weeks by sending an order confirmation or by sending the ordered products within the same period.
Our offers are subject to change and non-binding unless we have expressly defined them as binding.
Prices are net and, unless otherwise specified, stated in euros per kilogram, per piece or per packing unit. Packaging is not charged for separately unless the Buyer requests special packaging. Freight costs shall be borne by the Buyer. Prices are subject to the addition of VAT at the respectively applicable statutory rate. We reserve the right to charge the list prices that are valid on the day of shipping. If the order is not placed within the context of business-to-business transactions, we shall be bound to honour the quoted prices if delivery is to be made within four months of conclusion of the contract.
4. Payment terms
Our invoices are due for payment immediately after receipt, net and without deductions. Payments shall be made to one of the accounts specified on our invoices. Our representatives may only receive payments on presentation of a written authority to collect signed by us. Bills of exchange or cheques shall only be accepted as an undertaking to pay and without any liability for timely or proper presentation and protest. All expenses incurred shall be borne by the Buyer. Bills of exchange and cheques shall only constitute payment after they have been honoured.
Should the Buyer default on a payment, the statutory regulations regarding default interest shall apply. Currently, these regulations specify default interest in the amount of nine percentage points above the base interest rate of the European Central Bank. Should the Buyer fall into arrears with regard to a payment or should the Buyer’s financial situation deteriorate materially after conclusion of the Contract, all our debt claims arising from the business relationship, including in the case of a deferment, shall become due for immediate payment.
Any Buyer unknown to us shall receive delivery only against payment in advance or cash on delivery.
The Buyer shall only be entitled to exercise a set-off, even if it lodges claims for defects or counterclaims, if the counterclaims have been established as final and absolute, recognised by us or are undisputed. The Buyer shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.
5. Transfer of risk
Loading and shipping/delivery shall be non-insured and at the risk of the Buyer.
Unless otherwise agreed and in the event that we are classed as the initial distributor of the goods supplied to you (see Section 3 (9) of the German Packaging Act [Verpackungsgesetz – VerpackG]), we offer a service on the basis of Section 15 VerpackG whereby we will take back used packaging free of charge at the actual handover location or somewhere within its immediate vicinity provided that it has been emptied of all residues and is of the same type, shape and size as the packaging we delivered to you. This applies to the following packaging that is not subject to inclusion in the dual waste management system:
• Transport packaging
• Sales and outer packaging that typically accrues as waste for private end consumers after use.
Should shipping be delayed at the Buyer’s request or due to reasons for which the Buyer is responsible, we shall be entitled to store the goods at the Buyer’s expense and risk.
In such cases, the notice of readiness to ship shall be equivalent to shipping.
6. Reservation of title
Until settlement of all debt claims that we are entitled to assert against the Buyer (including all current account balance claims) now or in the future, we shall retain title to the delivered goods (reserved goods). Should the Buyer breach the Contract (e.g. default of payment), we shall have the right, after first granting a reasonable grace period, to repossess the reserved goods. Should we repossess the reserved goods, this shall constitute withdrawal from the Contract. Should we seize the reserved goods, this shall constitute withdrawal from the Contract. Having repossessed the reserved goods, we shall be entitled to dispose of them. Following the deduction of a suitable amount to cover the costs of disposing of the goods, the proceeds from their disposal shall be offset against the amounts owed to us by the Buyer.
The Buyer shall handle the reserved goods carefully and sufficiently insure them at its own cost and at their reinstatement value against damage due to fire, water and theft.
The Buyer shall be entitled to sell and/or use the reserved goods in the proper course of business, provided the Buyer is not in default of payment. The Buyer may not pledge the reserved goods or transfer them by way of security. The Buyer hereby assigns to us as security and in the full amount any debt claims in respect of the reserved goods that result from resale or any other legal grounds (insurance, tortious act), including all current account balance claims. We hereby accept said assignment. We revocably authorise the Buyer to collect debt claims assigned to us for its own account and in its own name. We can at any time revoke this collection authorisation if the Buyer does not properly fulfil its payment obligations. The Buyer is not authorised to transfer this debt claim, even for the purpose of collecting debt claims by means of factoring, unless the factor is simultaneously obliged to transfer an amount equivalent to the value of the claim directly to us for as long as we still have outstanding debt claims against the creditor.
Any processing or transformation of the reserved goods by the Buyer shall always be carried out for us. Should the reserved goods be processed with other items which do not belong to us, we shall acquire co-ownership of the new item according to the ratio of the value of the reserved goods (final invoice amount including VAT) to the value of the other processed items at the time of processing. The new item created by the processing shall be subject to the same provisions as the reserved goods. Should the reserved goods be inseparably mixed with other items which do not belong to us, we shall acquire co-ownership of the new item according to the ratio of the value of the reserved goods (final invoice amount including VAT) to the value of the other mixed items at the time of processing. If, after the mixing, the Buyer’s item is to be viewed as the main item, the Buyer and ourselves agree that the Buyer shall transfer co-ownership of this item in an appropriate proportion. We hereby accept this transfer. The Buyer shall store and keep safe the item to which we have gained sole or co-ownership in this way on our behalf.
If third parties demand access to the reserved goods, in particular in the form of seizure, the Buyer shall inform the third party of our ownership and immediately notify us so that we can enforce our rights of ownership. Should the third party be unable to refund us for court or out-of-court costs incurred in this context, the Buyer shall be liable for these costs.
We shall be obliged to release the securities to which we are entitled to the extent that the realisable value of the securities held by us exceeds the debt claims that are being secured by more than 20%. We shall select the securities to be released at our discretion.
The Buyer shall only be entitled to claim for defects if it has properly fulfilled its obligations to inspect the goods and notify us of defects in accordance with Section 377 of the German Commercial Code [Handelsgesetzbuch – HGB]. The complaint must be submitted in written form within a reasonable period (if possible within three days) of receipt of the goods. Should regulatory authorities take samples, the Buyer shall immediately provide us with official control samples.
In the event of a defect in the goods for which we are responsible, we shall be obliged to provide supplementary performance without the Buyer having the right to withdraw from the Contract or reduce the purchase price (price reduction), unless we are entitled under statutory regulations to refuse supplementary performance. The Buyer shall grant us a reasonable period for supplementary performance. At the Buyer’s discretion, supplementary performance may take the form of rectification of the defect or delivery of new goods. In the case of rectification the defect, we shall bear the necessary costs to the extent that these costs are not increased because the contractual item is located at a different place to the place of fulfilment.
The Buyer shall only be able to enforce warranty claims due to the defect if the supplementary performance fails.
We are not liable – in as far as this is legally permitted – for compensation to cover any direct or indirect damage. The right of the Buyer to submit warranty claims due to a defect shall expire one year after delivery of the goods. This does not apply if we, our legal representatives or our vicarious agents have acted with intent or gross negligence.
In the event of damage or loss of weight of the goods during transport, statutory regulations require that the Buyer obtains a legally valid statement of the condition of the goods from the relevant transport company and enforces any compensation claims against the transport company.
Before the goods are offered for sale to the end consumer, the Buyer shall label the delivered goods in accordance with the statutory requirements.
9. Place of fulfillment and jurisdiction
The place of fulfilment and jurisdiction for deliveries and payments (including actions arising from cheques and bills of exchange) as well as for all disputes arising between ourselves and the Buyer in respect of the purchase contracts concluded between us is our company domicile in Stuttgart. However, we are entitled to also bring actions against the Buyer at its place of residence/business domicile.
Relations between the Contracting Parties are exclusively subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10. Severability clause
Should a provision of this Contract be or become ineffective or unenforceable, this shall not affect the other terms of this Contract. The Parties hereby agree that the ineffective or unenforceable provision shall be replaced by an effective provision which comes as close as possible to the legal and economic objectives and intentions of the ineffective or unenforceable provision. The same applies to filling any omissions in this Contract.
» International specialities have been trending for years and are extremely popular worldwide – and their popularity is still increasing! «
Dr Eduardo Garcia, managing director and company founder
The highest standards of quality for our products, decades of experience, complete market orientation and international production facilities have made us the European market leader for ethnic dairy products. From the beginning, our company founder, Dr Eduardo Garcia, has given his all to that end: with his entrepreneurial intuition, passion for dairy products and the courage to make the right decisions. He has passed this spirit on to his two children, who are already active within the company. The careful selection of raw materials, strict controls and the highest standards in production technology guarantee high-quality products. All garmo products are made from the best cow’s, sheep’s or goat’s milk, produced that day.
This motto applies to all corporate departments at garmo AG. The careful selection of raw materials, strict controls and the highest standards in production technology guarantee high-quality products. All garmo products are made from the best cow’s, sheep’s or goat’s milk, produced that day. That means maximum enjoyment with garmo is not only a matter of taste, but also an expression of top quality. It goes without saying that our products meet the high IFS and BRC food safety standards and thus guarantee consistently excellent quality. They also meet the requirements for halal products, as evidenced by halal certification.
» Quality begins with raw materials and is far from over once they are processed. Fastidious hygiene, expert employees and modern technical facilities are also part of it. For us, quality is the overarching objective in every-thing we do «,
A fundamental principle of Dr. Edurardo Garcia
In order to keep up with requirements in terms of eating habits and changes in taste, we value the research and development department particularly highly. In this area, we optimise existing products and create delicious new specialities to bring variety to the table. To guarantee that consumers can always be sure to enjoy a genuine and fresh product, we prioritise the highest quality in every stage of production. With this in mind, every step is carefully monitored and evaluated by our food engineers, analytical chemists and biologists. To this end, we implement a quality system specially developed by garmo. In this way, we ensure that every product leaves our establishment in perfect condition, because quality is not only a promise we make to our customers and partners, but also our most important basic principle.
From soft cheese to yoghurt, from grill and pan cheese to braided cheese and kashkaval – there is something for every dairy lover. And that’s why people trust our brands. Because they know that these first-rate products are of the highest quality.
Indulgence and quality are best enjoyed live! That’s why we are introducing our new GAZİ food truck and parking it anywhere where we can find our target group: at events such as the UEFA European Under-19 Championship, the VfB Stuttgart season opener and Stuttgarter Kickers matches. This means we can attract significant attention and awaken curiosity. The food truck attracts customers like a magnet. And does so exactly where they most like to spend their free time.
We present our innovations and new developments every year at the most important trade fairs around the world, such as Anuga, SIAL, Gulfood and many other events. As part of our consistent brand policy, we remain on course for success: with classic, innovative and future-oriented advertising. This helps us to make the right impact and provide more incentive to buy when consumers are at the refrigerated section.
Quality and long-lasting success are no accident, but rather the result of many individual factors like motivation, willingness to perform, stamina and concentration. That applies for a company just as much as it does for athletes. That is why we have been involved in professional, youth and grassroots sport for many years with our premium brand GAZİ. In addition to the partnership with the German football club VfB Stuttgart and Stuttgarter Kickers we support more than 500 amateur football clubs and spare-time teams. GAZİ has also the naming rights of the Kickers’ stadium » GAZİ Stadion auf der Waldau «.
Alongside the main focus of our sponsorship activities in football, GAZİ is also active in boxing. Successful boxers such as Firat Arslan, Avni Yildirim and Özlem Şahin wear the GAZİ logo in the ring. The Arena Sports Promotion boxing company, with many well-known boxers, is also supported by garmo.
Alongside a professional Web presence with important information about the company and its brands, we also use other modern presentation channels such as social media sites like Facebook and Twitter and the video upload site YouTube. In this way, we establish direct contact with our customers and can reliably recognise what they want. We use this knowledge to develop innovative products.
Coca-Cola, PlayStation®, Mercedes-Benz, Weber, KitchenAid – the GAZİ brand enjoys unprompted recognition of over 90% among our target groups. This top rating is not only thanks to the high quality of our products, but also the many marketing activities that are very well received by our customers.
Children are our future
This has been the guiding principle for the GAZi Children’s Foundation, which has dedicated itself to helping children in need for many years.In addition to emergency aid in crisis situations, our focus is also on long-term projects that we are happy to support with our own funds and kind donations by third parties. As just one of its many projects, the GAZi Children’s Foundation helped rebuild an orphanage in Turkey that was destroyed by an earthquake, creating a new home for more than 150 children.
In February 2010, the pilot project » Football meets culture «, supported by garmo AG, got underway in Stuttgart. Its aim is to improve the language abilities of children and young people through a combination of football training and complementary German lessons, as, according to scientific findings, school pupils who exercise learn considerably more easily. Not only did the project receive a certificate of recognition from the City of Stuttgart, the Federal Ministry of Education and Research also awarded it the Bildungsidee prize, which honours outstanding educational ideas.
Enjoy exciting responsibilities in a varied role. Work independently in flat hierarchies. Manage interesting projects as part of a multicultural team. Welcome to the premium brand for Mediterranean dairy products.