factual

For sales by the Engel & Volkers Group of companies, where is the place of performance for delivery?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

For sales by any of the ENGEL & VÖLKERS Group of companies, the place of performance for delivery is the seller's registered head office in Hamburg, Germany. As far as these Terms of Sale and Supply do not contain specific regulations which provide for the contrary, the United Nations Convention on Contracts for the International Sales of Goods (1980) – CISG shall apply in addition. The place of performance for payment (also for bills of exchange and checks) and the place of jurisdiction for any disputes is Hamburg, Germany alone. The contractual relationship shall be subject to the laws of the Federal Republic of Germany.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to Engel & Volkers's 2025 Franchise Disclosure Document, the place of performance for delivery for sales by any of the Engel & Volkers Group of companies is the seller's registered head office in Hamburg, Germany. This means that the point at which Engel & Volkers is considered to have fulfilled its delivery obligations is when the goods are made available at their headquarters in Hamburg. The document also states that the United Nations Convention on Contracts for the International Sales of Goods (1980) – CISG shall apply unless the Terms of Sale and Supply contain specific regulations to the contrary.

For a prospective Engel & Volkers franchisee, this is important because it clarifies where the responsibility for the goods shifts from the seller to the purchaser. Any costs or risks associated with transporting the goods from Hamburg to the franchisee's location are generally the responsibility of the franchisee, unless otherwise agreed. This is a standard international business practice, where the seller's obligation is often limited to making the goods available at a specific location.

Additionally, the FDD specifies that the place of performance for payment, including bills of exchange and checks, and the place of jurisdiction for any disputes is also Hamburg, Germany. The contractual relationship is subject to the laws of the Federal Republic of Germany. This stipulation highlights that any legal or financial matters related to these sales will be governed by German law and resolved in German courts, which could have implications for franchisees located outside of Germany.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.