For Engel & Volkers deliveries, who is responsible for additional costs incurred due to subsequent alterations to the destination requested by the purchaser?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
3. Delivery
- (1) With regard to our deliveries, the place of performance is the place of shipment. Any associated additional costs, which are incurred in the event of any subsequent alterations to the destination at the request of the Purchaser, shall be borne by the Purchaser. The shipment risk shall in all cases be transferred to the Purchaser when the goods are made available at the place of shipment, even insofar as we bear the costs of shipment as a result of a special agreement. Transport insurance, in particular for the shipment of dangerous goods, shall be taken out only at the request and for the account of the Purchaser.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the purchaser is responsible for any additional costs incurred if they request alterations to the delivery destination after the initial shipment. The place of performance for Engel & Volkers deliveries is the place of shipment. The risk of shipment transfers to the purchaser when the goods are available at the place of shipment, regardless of who bears the initial shipment costs.
This means that once Engel & Volkers makes the goods available for shipment, the franchisee (as the purchaser) assumes responsibility for the goods and any changes they request to the delivery. This includes financial responsibility for any extra costs associated with altering the destination.
For a prospective Engel & Volkers franchisee, this highlights the importance of carefully planning and confirming delivery details to avoid incurring additional expenses. It also emphasizes the need to understand the terms of sale and supply, particularly regarding delivery and acceptance of goods. Franchisees should also be aware that transport insurance, especially for dangerous goods, is only taken out at the purchaser's request and expense.