General terms and conditions

In case of queries concerning our general terms and conditions of business, our customer service department will be happy to assist you. Please contact:

Ibermeats.com customer service
SPAIN PHONE.: (+34) 659.665.413
UK PHONE: (+44) 7770.933788
E-Mail: info(at)ibermeats.com

A. General regulations for all contracts

A. 1. Ibermeats.com

(1) Ibermeats.com and/or its affiliated companies, hereinafter referred to as "Ibermeats.com", are leading international service providers in used machinery business that offer tailor-made solutions for production plants, machinery manufacturers and their sales partners, banks and insolvency administrators. The service portfolio includes in particular expert reports, purchases, order marketing, online auctions, storage, clearing, dismantling as well as individual combinations.

Ibermeats.com provides a trading space on the Internet (“online”), which essentially consists of a database, a website and various data programming systems (hereinafter referred to as: “Ibermeats.com platform”) through which the used machines, devices and other surplus goods and remaining stock (hereinafter referred to as: “Objects”) are marketed.

Furthermore, Ibermeats.com offers its customers support in the marketing of Objects through traditional sales and other brokerage and support services outside of the Ibermeats.com platform (“offline”).

(2) This website is operated by Ibermeats.com. Specific auction terms and conditions will be separately implemented for the respective auctions with the affiliated companies.

Ibermeats.com
© BOYD ALIMENTOS, S.L.
PASEO DEL RÍO GUADARRAMA, 41
28400 COLLADO VILLALBA - MADRID - ESPAÑA

Register no.: B88550447
VAT Reg No.: ESB88550447

A. 2. Area of applicability

(1) These Ibermeats.com general terms and conditions of business shall apply to all types of deliveries and services which Ibermeats.com provides to its customers online (referred to in summarised form as: “Online services”) and offline (referred to in summarised form as: “Offline services”) or receives from its customers; Online services and Offline service are also referred to together as “Ibermeats.com services”. Should a contract or more than one contract exist between Ibermeats.com and the Customer, these Ibermeats.com general terms and conditions of business shall be part of the said contract(s) and shall be applicable, unless agreements to the contrary are concluded. For offline auctions and for special services (provision of advice, valuations, inspections, deliveries) separate general terms and conditions of business shall also apply, which may refer to these Ibermeats.com general terms and conditions of business.

(2) Any terms and conditions of the Customer or any provisions of the Customer which alter the contract are hereby being objected to; these shall only be effective if Ibermeats.com agrees to their inclusion in writing.

(3) These Ibermeats.com terms and conditions only apply to entrepreneurs within the meaning of the Spanish Civil Code, legal entities under public law or special funds under public law. These are hereinafter referred to as "customers". Other persons may only use the services offered by Ibermeats.com with the express consent of Ibermeats.com.

(3) These Ibermeats.com general terms and conditions of business shall only apply in relation to entrepreneurs as defined in the Spanish Civil Code, legal persons under pubic law or public law special funds as defined in the Spanish Civil Code; these are referred to below as “Customers”. Other persons may only use the services provided by Ibermeats.com with the express agreement of Ibermeats.com.

A.3. Ibermeats.com remuneration

Ibermeats.com shall be entitled to remuneration for the provided services (“Ibermeats.com remuneration”) in accordance with the specifics of the respective contract.

A.4. Prices, payments, set off

(1) The statutory value added tax is not included in the prices quoted by Ibermeats.com, rather this is charged separately at the respectively applicable statutory amount on the day of issuing of the invoice.
(2) All invoices must be paid by the Customer immediately without any discount. Should the Customer fail to make payment within seven (7) calendar days of receipt of the invoice, it shall enter default, without the need for a warning.
(3) The setting off by the Customer, as well as the assertion of rights of retention (also of a commercial nature) shall only be permitted if the underlying counterclaims are undisputed or have been recognised by a court.

A.5. Registration

(1) Customers who wish to use the Online services of Ibermeats.com must register for these. For this purpose, the Customer must fully and truthfully provide the information requested in the registration form and provide identification by means of an official identity document. The Customer hereby provides an undertaking that it is not a consumer as defined in the Spanish Civil Code, rather it is an entrepreneur, legal person under public law or a public law special fund as defined in the Spanish Civil Code and that the information provided by it is truthful and complete. The Customer shall be obliged to immediately notify Ibermeats.com of any changes to the data which has been provided.
(2) During the registration process, the Customer selects a membership name and password. The membership name must not breach any third party rights, in particular naming or trademark rights, and must not infringe common decency. The Customer shall be obliged to immediately inform Ibermeats.com should it have reasons to suspect that the saved data is being abused by third parties.
(3) Should the Customer be registered by a representative, Ibermeats.com shall be entitled to request proof of the power of representation. Ibermeats.com shall determine the specifics concerning the proof of power of representation.
(4) By means of the acceptance of the registration by Ibermeats.com, a framework contract concerning the agreement and performance of contracts in accordance with the specifics of these Ibermeats.com general terms and conditions of business shall come into existence between Ibermeats.com and the Customer.
(5) By means of the acceptance of each individual order, a contract shall come into existence between Ibermeats.com and the Customer on the basis of the terms of the order and these Ibermeats.com general terms and conditions of business, unless the contrary is agreed in an individual case. No claim of the Customer to the acceptance of orders or the placing of Objects in the Ibermeats.com platform shall exist. Ibermeats.com shall reserve the right to reject the placing of an Object in the Ibermeats.com platform.

A.6. Administration of the Ibermeats.com platform

(1) The administration of the Ibermeats.com platform shall be the sole responsibility of Ibermeats.com.
(2) In order to describe the Object and carry out the respective transaction, the Customer must follow the instructions which are provided online.
(3) The right of the Customer to use the Ibermeats.com platform is limited to the internal business purposes of the Customer and shall be determined exclusively in accordance with the contract and these Ibermeats.com general terms and conditions of business. All other rights in respect of the Ibermeats.com platform shall remain reserved.
(4) Ibermeats.com hereby reserves the right to reject an Object, purchase attempt, offer or acceptance without the giving of reasons or to assign an Object to a product group other than that stated by the Customer. Ibermeats.com shall be entitle to alter the user interfaces of the Ibermeats.com platform. Should a deadline be determined according to date and time, the time of the system clock or Ibermeats.com shall be exclusively decisive.
(5) The price statements made by Ibermeats.com in the selected currency shall apply exclusively. Conversions of price statements provided on the Ibermeats.com platform merely serve the purpose of non-binding information for the Customer.
(6) The identification data of the Customer is hidden to all other users when any declarations are made by the Customer. Only in cases where a contract has come into direct existence between two Customers, as well as in the case of an on-site visit is Ibermeats.com entitled to disclose contact data of other Customers to Customers. The identification data of the Customer, as well as the data transmitted to Ibermeats.com in connection with the conclusion of a transaction will be saved by Ibermeats.com in a machine readable form. The data will only be used by Ibermeats.com in order to operate the Ibermeats.com platform and to carry out the Ibermeats.com services. Ibermeats.com is entitled to keep data in respect of completed transactions saved. The Customer hereby declares its agreement to such by means of the registration. The Customer can revoke its agreement to the use of data at any time.
(7) Unless otherwise agreed, the Customer shall be obliged to create the necessary environment for the use of the Ibermeats.com platform and to provide Ibermeats.com with all necessary information and knowledge for the carrying out of a transaction. In addition, the Customer shall immediately inform Ibermeats.com of recognisable and threatened disruptions to the Ibermeats.com services and shall support Ibermeats.com in investigating the causes and correcting these.

A.7. Confidentiality, contractual penalty

Also for 12 months following the end of the contract, the Customer shall be obliged to treat in the strictest confidence all commercial and technical information which it receives from Ibermeats.com, in particular the personal data of other Customers and all information concerning the Objects, unless such information is generally known (without the Customer being responsible for such) and shall not use such or duplicate such information for purposes other than the fulfilment of the contract or make it accessible to third parties. This shall also apply in respect of information which the Customer receives during on site visits, as well as to all technical documents, cost quotations, drawings and calculations which are provided to the Customer within the framework of the negotiations and performance of the contract. Ownership, authoring and other rights in respect of such documents shall remain reserved.
For each case of breach of this clause, the Customer must pay Ibermeats.com a contractual penalty to the amount of 3,000.00 €. The right of Ibermeats.com to assert the reimbursement of losses due to the breach of obligations which go beyond the above shall remain unaffected.
In case that the Customer uses the documents named above without being entitled to do so, Ibermeats.com shall be entitled (in its own name or in that of the legal owner) to demand their immediate surrender.

A.8. Prohibition of solicitation

For the duration of the contractual co-operation, as well as for up to 12 months following its termination, the Customer shall be obliged not to actively solicit employees of Ibermeats.com or of another Customer.

A.9. Guarantees of the Customer, release

The Customer hereby guarantees that all statutory provisions which apply to its business operation, in particular the regulations under supervisory, competition and data protection laws are being complied with and that the sale or purchase attempts submitted by it do not breach laws or third party rights, in particular ownership rights, rights of lien or other rights in rem, or patent rights, trademark rights or copyright or other property rights. The Customer shall release Ibermeats.com from all third party claims which are asserted in connection with a breach of the obligations stated above on the part of the Customer.

A.10. Liability

(1) Ibermeats.com shall incur liability in case of intent and gross negligence. In case of simple negligence, Ibermeats.com shall incur liability for losses connected to injury to life, body or health, as well as for losses connected to the breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfilment is essential for fulfilment of the contract and on whose compliance the contracting partner regularly relies and may rely. In case of a breach of essential contractual obligations, the liability of Ibermeats.com shall be limited to reimbursement of losses which are foreseeable and occur typically.
(2) The above-mentioned restrictions shall not apply should Ibermeats.com have fraudulently concealed a defect or assumed a guarantee for a specific quality.
(3) Should the liability of Ibermeats.com be restricted or excluded in accordance with the provisions above, this shall also apply to any liability on the part of its organs, employees, vicarious agents or agents in performance.

A.11. Restrictions under foreign trade laws, export controls

(1) Ibermeats.com is informing the customer that for the provision/export of items (goods, software, technology), as well as for the provision of services (such as assembly, maintenance, repairs, instruction/training etc) which takes place across national borders and which relates to the fulfilment of the contractual obligation, national and Spanish foreign trade laws apply and the individual deliveries, as well as technical services may be subject to restrictions and prohibitions under export control laws. This applies to so-called armament and dual use goods. The applicable legal regulations concern (EC) Ordinance 428/2009 (EU Dual Use Ordinance), as well as its enclosures, the Foreign Trade Law (AWG), the Foreign Trade Ordinance (AWV), as well as its enclosures (Part I Sections and B of the Spanish export list) in the respectively valid versions.
In addition, European and national embargo regulations against certain countries and persons, companies and organisations exist, which prohibit the delivery, provision, supply, export or sale of goods and the provision of services, or make these subject to the obtaining of a permit.
The customer is aware that the legal regulations referred to above are subject to constant changes and adjustments and apply to the contract in their respectively applicable version.
(2) The customer is obliged to recognise and comply with the European and Spanish export control provisions and embargo regulations, in particular if the customer is affected by restrictions in relation to a permit issued to Ibermeats.com by the authorities, for example a re-export constraint. At the latest prior to the supply or export, Ibermeats.com will inform the customer concerning corresponding constraint.
Furthermore, the customer is obliged not to directly or indirectly sell, re-export, deliver, forward on or otherwise make accessible goods delivered by Ibermeats.com to persons, companies, institutions, organisations or in countries where this breaches European or Spanish export provisions or embargo regulations.
Following a request, the customer is obliged to provide reasonable and complete information to Ibermeats.com concerning the end use of the goods to be delivered and services to be provided, in particular to issue so-called end-use certificates (EUCs) and send these to Ibermeats.com in original form, so that the end use and purpose of use in relation to goods to be delivered and services to be provided can be checked and proven in relation to the competent export control authorities.
(3) Should any export or provision permits or other permits or approvals under foreign trade laws which are necessary for the fulfilment of the contract not be issued by the competent authorities or should these not be issued by the competent authorities in good time, or should other hindrances which must be complied with by Ibermeats.com as an exporter and provider or which must be complied with by our suppliers due to regulations under foreign trade laws or embargo law prevent fulfilment of the contract or delivery, Ibermeats.com shall be entitled to rescind the contract or to withdraw from the individual delivery or service obligation. This shall also apply should corresponding hindrances under export control and embargo laws not arise until the time between conclusion of the contract and the delivery or performance of the service, for example due to changes in legislation and which make the performance of the delivery or provision of the service temporarily or permanently impossible because necessary export and supply permits or other permits or approvals under foreign trade laws are not issued by the competent authorities or are revoked or if other legal hindrances which arise due to regulations under customs, foreign trade and embargo laws which must be complied with prevent fulfilment of the contract and performance of the delivery / provision of the service. Damages claims of the customer for reasons stated in this paragraph are excluded in addition to the provisions in Letter A Number 10 (liability).
(4) Compliance with delivery deadlines may require the approval and/or issue of export or supply permits or other approvals in connection with foreign trade laws by the competent authorities. Should Ibermeats.com be unable to provide timely delivery due to the duration of the proper performance of the application, approval or inspection process in accordance with customs or foreign trade laws, the delivery time will be reasonably extended by the duration of the delay caused by these processes in relation to the authorities. Liability on the part of Ibermeats.com for any losses caused by this delay shall be excluded. The regulations in Letter C 3 (delivery/collection of the Objects, costs, transfer of risk) shall otherwise remain unaffected.
The customer shall incur full liability in relation to Ibermeats.com for losses and costs incurred by Ibermeats.com due to culpable non-compliance with European and/or Spanish export provisions or embargo regulations on the part of the customer.

A.12. No responsibility for content provided by the Customer

(1) Declarations of intent and other legal statements or actions which are published by Ibermeats.com following a request by a Customer or which are conveyed to or received by another Customer shall be attributed exclusively to the Customer and are forwarded on by Ibermeats.com as a messenger. Such actions shall not give rise to any entitlements or obligations on the part of Ibermeats.com and Ibermeats.com shall not act as a representative to this extent.
(2) Ibermeats.com cannot guarantee that the person named as the provider or recipient in the declarations of intent which are conveyed or received by Ibermeats.com actually exists. The Customer who submits are accepts such an offer is therefore acting at its own risk in respect of the existence of the other contracting partner. This shall apply accordingly in respect of the creditworthiness of the other contracting partner. In addition, it is not possible for Ibermeats.com to fully rule out a membership number, password or a URL coming into the possession of a person who is not authorised to issue declarations of intent. This risk shall be borne by the Customer itself. Number A. 10. shall remain unaffected.

A.13. Subcontractors

Ibermeats.com shall be entitled to deploy subcontractors for all Online or Offline services; the liability of Ibermeats.com in relation to the Customer in accordance with Number A. 10. shall remain unaffected.

A.14. Declarations

All declarations and notifications to be submitted in accordance with the contract or these Ibermeats.com general terms and conditions of business shall only be valid if made in writing. The written form requirement shall also be deemed to have been complied with if the declaration is submitted on the Ibermeats.com platform by using the masks provided there or by email.

A.15. Assignment

With the exception of payment claims, the Customer shall only be permitted to assign the rights under the contract with the prior agreement of Ibermeats.com.

A.16. Choice of law and place of jurisdiction

(1) The contractual relationships between Ibermeats.com and the Customer shall be subject exclusively to Spanish law, to the exclusion of the United Nations Convention governing the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes under and in connection with a contract or these Ibermeats.com general terms and conditions of business shall be Madrid. However, Ibermeats.com shall be entitled to bring a lawsuit against the Customer at its place of business.

A.17. Customs declarations:

If the Ibermeats.com is the legal exporter as per customs law, all export declarations are to be issued in the name of Ibermeats.com. The issuance of export declarations in the name of Ibermeats.com is done by Ibermeats.com itself only or by an authorized representative which has to be nominated by Ibermeats.com itself.

The issuance of export declarations in the name of Ibermeats.com by third parties without authorization of Ibermeats.com (e.g. customers freight forwarder) is prohibited.

A.18. Other

Should any individual provisions of the contract be or become ineffective or should the contract contain a loophole, the validity of the remaining clauses shall remain unaffected thereby. It is hereby agreed that the ineffective provision shall be replaced by an effective clause which comes closest to the sense and purpose of the ineffective provision and/or which fills the said loophole.

B. Supplementary special provisions for commission contracts

B.1. Sales commission contract

By means of the acceptance of an order of a Customer which wishes to engage Ibermeats.com in respect of the sale of an Object in its own name but on account of the Customer (if applicable also by means of an auction), a sales commission contract shall come into existence between the Customer as the Principal and Ibermeats.com as the contractor (commission agent) on the terms and conditions listed below.

B.2. Ownership, insurance, confidentiality

Until the sale of the Object, the Object shall remain the property of the Principal. The Principal shall insure the Object against fire, other damage and theft. If expressly agreed, Ibermeats.com shall treat the identity of the Principal confidentially in relation to prospective purchasers.

B.3. Inspection

The Principal hereby permits Ibermeats.com and prospective purchasers named by it to inspect the Object.

B.4. Prohibition of offers elsewhere

For the duration of the contract, the Principal shall be prohibited from offering the Object for purchase elsewhere. Should the Principal breach the above prohibition, it shall be obliged to pay damages to Ibermeats.com in accordance with the statutory provisions.

B.5. Right of self intervention

Ibermeats.com shall be entitled to purchase the Object itself (right of self intervention in accordance with the Spanish Commercial Code).

B.6. Delivery

The Principal shall be obliged to dismantle the Object and make it available for collection, unless otherwise expressly agreed.

B.7. Defect claims

Ibermeats.com shall not grant the buyer any rights in respect of possible material defects or defects of title of the Object which go beyond the statutory rights of the buyer, unless the Principal has agreed to a supplementary provision in an individual case. The Principal shall release Ibermeats.com on first request from all claims of the buyer connected to possible material defects or defects of title in respect of the Object.

B.8. Purchase price

Ibermeats.com shall be entitled to agree a payment deadline of up to three months. Ibermeats.com may not fall below any agreed minimum price without the agreement of the Principal. Ibermeats.com shall not assume any liability in respect of the creditworthiness of the buyer (no del credere).

B.9. Commission

Ibermeats.com shall receive commission in accordance with the specifics stated in the contract. The calculation basis for the commission is the net purchase price, i.e. the purchase price without taking into account disassembly, transportation, insurance and other costs and without value added tax. The value added tax will be charged on the commission to the statutory amount.

B.10. Collection, offsetting, rendering account

(1) Ibermeats.com shall be entitled to collect the purchase price claim and set it off against its own commission claim. The Principal shall not be entitled to collect the purchase price claim.
(2) Ibermeats.com shall render account within one month of receipt of the purchase price and will pay the purchase price minus commission to the Principal.

C. Supplementary special provisions for sales contracts with Ibermeats.com as the seller

C.1. Offer and conclusion of the contract, object description

(1) Should an order be considered an offer in accordance with the Spanish Civil Code, Ibermeats.com can accept this within 2 weeks. Cost quotations shall be non-binding and only contain invitations for the Customer to make offers.
(2) The type and scope of the respective object of purchase are in accordance with its textual description. Photographic images shall be non-binding. These can deviate from the original and only serve the purpose of the representation of the general object type. Accessories and work tools are only part of the object of purchase if expressly stated as such. Additional information which is not contained in a catalogue or on the Ibermeats.com platform can be obtained at the storage location if applicable. Each Customer is required to inspect the Objects as far as possible. Inspection appointments must be agreed with Ibermeats.com.
(3)Should offers be issued by Ibermeats.com, these shall always be under the condition precedent that the conclusion of the contract itself, as well as its contents and subject matter are in compliance with foreign trade laws and, in particular, that no specific embargo regulations prohibit such. In addition to Letter A Number 11 (restrictions under foreign trade laws, export control), Ibermeats.com reserves the express right to carry out a check in this respect.

C.2. Handed over documents

Ibermeats.com shall reserve ownership rights and copyright in respect of all documents which are handed over to the Customer in connection with the issuing of the order, such as calculations, drawings etc. The said documents may not be made accessible to third parties, unless Ibermeats.com issues the Customer with its express written agreement in this respect. Should the offer of the Customer not be accepted within the deadline stated in Number C. 1. (1), the said documents must be returned to Ibermeats.com immediately.

C.3. Delivery/collection of the Objects, costs, transfer of risk

(1) Unless otherwise agreed, the delivery of the object of purchase shall take place ex factory/warehouse (drop shipment). The prices stated by Ibermeats.com are to be interpreted accordingly.
(2) Delivery dates or deadlines shall only be considered to have been agreed to be binding in case of an express written confirmation by Ibermeats.com. Compliance shall require fulfilment of all delivery terms and conditions which the Customer must comply with. Fixed transactions shall require an express confirmation.
(3) Ibermeats.com shall be entitled to provide partial deliveries, provided that this is reasonable for the Customer.
(4) Unless other collection obligations, in particular specific collection times are agreed, the Customer shall be obliged to take receipt of the purchased Objects at their storage location immediately following conclusion of the sales agreement, at the latest one week following conclusion of the sales agreement. However, the Objects will not be delivered until full payment has been made.
In case of exceeding the collection deadline, the Customer shall incur liability for the costs incurred as a result, in particular the storage and maintenance of the Object. Any storage and shipping shall take place at the expense and risk of the Customer. In case of exceeding the collection deadline, Ibermeats.com shall be able to set a reasonable period of grace for collection. Following the fruitless expiry of the period of grace, Ibermeats.com shall be able to choose between further storage, exploitation or scrapping of the Object, in each case at the expense of the Customer.
(5) Unless otherwise agreed, the transportation of the Objects from the storage location shall take place at the expense of the Customer. In particular, the Customer shall bear all transportation, insurance, packaging and handling costs, as well as all export duties and taxes.
(6) In case that shipping of the object of purchase is agreed, the shipping shall take place at the risk of the Customer, unless otherwise stated. The risk of possible destruction and possible deterioration of the object of purchase shall be transferred to the Customer at the time of dispatch at the latest at the time of leaving the factory/warehouse (drop shipment). This shall apply regardless of whether the dispatch takes place from the place of performance or who bears the shipping costs.

C.4. Payment of the purchase price

The purchase price is payable immediately following conclusion of the sales agreement. Should the Customer enter default concerning a payment of the purchase price, the claim shall accrue interest as of the time of entering default at a rate of 9 percentage points above the respective base rate of interest (Spanish Civil Code). In case of non-payment of the purchase price, Ibermeats.com shall be entitled to the statutory rights of rescission of the contract or demanding damages in lieu of performance. Should Ibermeats.com rescind the contract and/or demand damages, Ibermeats.com shall be able to exploit the Object once again. The Customer shall not be entitled to bid during the new exploitation. Should Ibermeats.com demand damages, the Customer must also reimburse the costs of a new exploitation of the Object, as well as any reduction in revenues. The Customer shall not have any claim to additional revenues.

C.5. Reservation of ownership

The delivered objects of purchase shall remain the property of Ibermeats.com until the full purchase price has been paid. The Customer shall be obliged to immediately inform Ibermeats.com of all third party attacks against the objects of purchase which are subject to reservation of ownership; in particular, the Customer must immediately inform Ibermeats.com of enforcement measures or other seizure and of all damage caused to the objects of purchase. Should an object of purchase be located in or delivered to a country where the above-mentioned reservation of ownership is not fully effective, the Customer shall be obliged to provide Ibermeats.com with equivalent security.

C.6. Defect claims

(1) The items offered for sale by Ibermeats.com are second hand and are not newly manufactured, unless expressly stated otherwise in an individual case.
(2) Second hand and non-newly manufactured items are sold without any warranty.
The exclusion shall not apply to damages claims due to a grossly negligent or intentional breach of obligation, or due to injury to life, body or health.

C.7. Online auction

(1) Ibermeats.com states a starting price and determines the deadline for the submission of bids in terms of date and time (period of the online auction). The corresponding declarations represent a binding offer for the sale of the Objects. The offer is addressed to the bidder who submits the highest bid during the period of the online auction.
Number C.1. (3) shall remain unaffected.
The Customer declares the binding acceptance online by means of the submission of a bid. The acceptance must state a purchase price which is above the current bid by one or more of the bidding steps stated by the online mask. The bid shall expire if another bidder makes a higher offer during the period of the online auction. The official Ibermeats.com time is decisive for the measuring of the period of the online auction.
The sales agreement in respect of the Object shall come into existence between Ibermeats.com and the bidder who has submitted the highest bid by the end of the period of the online auction.
(2) Should Ibermeats.com enter an offer in the auction stating a minimum price and, if applicable, under other terms and conditions to be agreed, the sales agreement in respect of the Object shall come into existence between Ibermeats.com and the bidder who has submitted the highest bid by the end of the period of the online auction and has reached at least the stated minimum price.

D. Supplementary special provisions for sales contracts with Ibermeats.com as the buyer

D.1. Conclusion of the contract

By means of the acceptance of the offer of a Customer who wishes to sell an item to Ibermeats.com, a sales agreement shall come into existence between the Customer and Ibermeats.com in accordance with the provisions of these Ibermeats.com general terms and conditions of business. Ibermeats.com hereby reserves a deadline of one week for the acceptance of the offer.

D.2. Defect claims, liability

(1) Defect claims and liability of the Customer shall be in accordance with the statutory regulations.
(2) In the area of applicability of the Spanish Commercial Code, - commercial purchase - the inspection and complaint obligations stated therein shall apply with the following provisions: Defects to the delivered object of purchase which can be determined during the inspection within the framework of a proper business operation shall be reported by Ibermeats.com within two weeks of delivery; defects to the delivered object of purchase which are not recognisable during such an inspection must be reported by Ibermeats.com within two weeks of their discovery.

D.3. Use of the object of purchase

Ibermeats.com shall be entitled to use the object of purchase according to its discretion; in particular, it shall be permitted to sell the object of purchase.

E. Supplementary special provisions for brokerage contracts

E.1. Remuneration, follow up contracts

Ibermeats.com shall be entitled to remuneration for the brokerage of the sale of an Object (“Ibermeats.com remuneration”) in accordance with the specifics of the respective contract. For each additional sales agreement which the Customer concludes with the contracting partner brokered by Ibermeats.com (follow up contracts), Ibermeats.com shall also have a corresponding claim to Ibermeats.com remuneration.

E.2. Exclusivity

The Customer shall be obliged only to sell and purchase via Ibermeats.com in accordance with these terms and conditions Objects which are the subject of a brokerage contract with Ibermeats.com; for the duration of the contract, the Customer shall also be obliged not to engage third parties in respect of the brokerage of the Object; the Customer shall be obliged to prohibit all such activities of third parties. Should an interested party make direct contact with the Customer in order to negotiate the purchase or sale of an Object the Customer must point out that it (as the seller) is having the Object brokered by Ibermeats.com and that it (as the buyer) was made aware of the Object by Ibermeats.com. The Customer shall inform Ibermeats.com of all contact which is initiated.

E.3. Permitted dual broker activity

As a rule, Ibermeats.com works for both contracting parties to a transaction which is to be brokered. The Ibermeats.com services are generally subject to the payment of remuneration by both contracting parties of a transaction.

E.4. Termination

Ibermeats.com and the Customer can terminate the contract by giving notice of 14 days, unless a minimum term or longer notice period were agreed in an individual case. Termination shall require written form. Any existing claim to Ibermeats.com remuneration shall remain unaffected.

E.5. Object descriptions, inspection

(1) The Objects which are the subject of a brokerage contract with Ibermeats.com are second hand and are not newly manufactured, unless expressly stated otherwise in an individual case.
(2) Descriptions in a catalogue or on the Ibermeats.com platform, in particular statements concerning the origin, state, age and authenticity of the individual Object are provided to the best of our knowledge and in good faith and are based on the statements of the seller. No liability will be accepted in respect of their correctness. In particular, the object descriptions do not represent any legally binding quality statements or guarantees.
The type and scope of the respective object of purchase are in accordance with its textual description. Photographic images shall be non-binding. These can deviate from the original and only serve the purpose of the representation of the general object type. Accessories and work tools are only part of the object of purchase if expressly stated as such. Additional information which is not contained in a catalogue or on the Ibermeats.com platform can be obtained at the storage location if applicable. Number A. 10. shall remain unaffected.
(3) Each Customer is required to inspect the Objects as far as possible. Inspection appointments must be agreed with Ibermeats.com. Ibermeats.com shall be entitled at any time to exclude an Object if Ibermeats.com is of the opinion that the statements of the seller are incorrect, in particular if these do not correspond to the actual state of the Object; however, no inspection obligation shall be incumbent on Ibermeats.com.

E.6. Payment of the Ibermeats.com remuneration

The Ibermeats.com remuneration is payable to Ibermeats.com immediately following conclusion of the sales agreement. The Ibermeats.com remuneration must also be paid if a sales agreement comes into existence with a third party due to the forwarding of the information by the Customer. Number A. 7. shall remain unaffected. The Ibermeats.com remuneration shall accrue interest as of the time of entering default at a rate of 9 percentage points above the respective base rate of interest (Spanish Civil Code).

E.7. Payment of the purchase price

(1) The purchase price is payable immediately following conclusion of the sales agreement. Should the buyer enter default concerning a payment of the purchase price, the claim shall accrue interest as of the time of entering default at a rate of 9 percentage points above the respective base rate of interest. In case of non-payment of the purchase price, the seller shall be entitled to the statutory rights of rescission of the contract or demanding damages in lieu of performance. The seller who rescinds the contracts and/or demands damages shall be able to dispose of the Object once again. The buyer shall not be entitled to bid during the new exploitation. Should the seller demand damages, the buyer must also reimburse the costs of a new exploitation of the Object, as well as any reduction in revenues. The buyer shall not have any claim to additional revenues.
(2) The claim of Ibermeats.com to Ibermeats.com remuneration against the buyer and/or the seller shall not be affected by rescission of the contract and/or damages claims by the seller.

E.8. Delivery/collection of the Objects, costs, transfer of risk

Unless otherwise agreed, the regulations concerning the delivery/collection of the Objects, costs and transfer of risk in Number C.3 of these general terms and conditions of business shall apply accordingly to the relationship between the buyer and seller.

E.9. Defect claims

(1) The Objects are second hand and are not newly manufactured, unless expressly stated otherwise in an individual case. The seller hereby guarantees to the buyer hat it is authorised to dispose of the Object and that the Object is not encumbered by any third party rights.
(2) Second hand and non-newly manufactured items are sold without any warranty, unless otherwise agreed. The exclusion shall not apply to damages claims due to a grossly negligent or intentional breach of obligation, or due to injury to life, body or health.

Madrid, March 2023

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