General Terms of Sale and Delivery

This English version is provided for convenience. The German version is legally binding. Deutsche Fassung

General Terms of Sale and Delivery of Nile Harvest Import & Export, owner Nourhan Salheen, Wakendorfer Weg 14, 22417 Hamburg, Germany ("Nile Harvest"). These terms apply to businesses only.

1. Scope

1.1 These terms apply to all quotes, deliveries and services of Nile Harvest to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law ("Customer"). We do not sell to consumers.

1.2 The Customer's own terms do not apply unless Nile Harvest expressly agrees to them in writing, even if Nile Harvest delivers without reservation in the knowledge of such terms.

1.3 Individual agreements in the quote or order confirmation take precedence.

2. Quotes and conclusion of contract

2.1 Products shown on the website are not a binding offer. Requests via the website, email, phone or WhatsApp are a non-binding invitation to submit a quote.

2.2 Quotes are non-binding unless expressly stated otherwise. A contract is concluded only by written order confirmation (text form, e.g. email) or by delivery of the goods.

2.3 The product specification stated in the quote or order confirmation governs quality, cut, calibre and tolerances. Images are examples. Natural variations in colour, size and taste within customary trade tolerances are reserved.

3. Prices and payment

3.1 All prices are in euros, net plus statutory VAT. Unless agreed otherwise, prices are ex warehouse or ex port of Hamburg, excluding packaging, transport and insurance.

3.2 Invoices are payable without deduction within the period stated in the quote, otherwise within 14 days of the invoice date. Nile Harvest may require prepayment, in particular for first orders.

3.3 In case of late payment, statutory default interest (§ 288(2) BGB) and the lump sum under § 288(5) BGB apply.

3.4 The Customer may only set off undisputed or legally established claims.

4. Delivery and passing of risk

4.1 Delivery method and date follow from the order confirmation. Agreed Incoterms® apply in their current version. Delivery dates are binding only if expressly confirmed as binding.

4.2 As goods are produced in Egypt and imported, delivery periods are extended reasonably for events beyond Nile Harvest's control, in particular force majeure, crop failure, delays in sea freight, port or customs clearance and official measures.

4.3 Partial deliveries are permitted where reasonable for the Customer.

4.4 Risk passes to the Customer on handover at pick-up or, for shipments, on handover to the carrier, unless agreed otherwise.

5. Cold chain and acceptance

5.1 Goods are deep-frozen and must be kept at −18 °C or colder at all times. The Customer ensures suitable receiving and frozen storage facilities at the agreed time.

5.2 The Customer checks product temperature on arrival and records any deviation on the delivery note. Additional costs caused by delayed acceptance are borne by the Customer.

6. Inspection and notice of defects

6.1 The Customer must inspect goods immediately upon delivery. Obvious defects, quantity deviations and transport damage must be noted on the delivery note and notified to Nile Harvest in text form within two working days. Hidden defects must be notified immediately upon discovery. § 377 HGB remains unaffected.

6.2 Rejected goods must be kept properly frozen until clarified; retained samples must be provided on request.

7. Warranty

7.1 For justified complaints Nile Harvest will, at its option, provide replacement goods or a credit note. If this fails, the Customer may withdraw or reduce the price in accordance with statutory provisions.

7.2 Warranty claims become time-barred twelve months after delivery, except for damage claims under section 8.1 and in cases of intent or fraud.

7.3 There is no warranty for damage caused by improper storage (in particular a broken cold chain after passing of risk), handling or processing by the Customer.

8. Liability

8.1 Nile Harvest is liable without limitation for intent and gross negligence, injury to life, body or health, under the German Product Liability Act and under any guarantee given.

8.2 For slightly negligent breach of essential contractual obligations, liability is limited to typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

9. Retention of title

Goods remain the property of Nile Harvest until all claims from the business relationship have been paid in full. The Customer may resell or process them in the ordinary course of business and hereby assigns to Nile Harvest the resulting claims up to the invoice amount.

10. Samples

Samples serve to assess product quality. The agreed specification is binding; natural variations within customary tolerances are reserved.

11. Private label

For products under the Customer's brand, the Customer ensures that designs, trade marks, texts and information supplied by it do not infringe third-party rights and comply with food law. As the food business operator under whose name the goods are marketed, the Customer is responsible for the food information (Art. 8 Regulation (EU) No 1169/2011) and indemnifies Nile Harvest against third-party claims arising from content it supplied.

12. Data protection

Nile Harvest processes the Customer's personal data in accordance with its privacy policy.

13. Final provisions

13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 If the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Hamburg.

13.3 The German version of these terms is binding; translations are for information only. Should any provision be invalid, the remaining provisions remain valid.

Last updated: September 2026