General terms and conditions of business
I. Preamble
These terms and conditions apply to all business transactions with the Kulmbacher Brauerei Aktien-Gesellschaft, hereafter called "Brewery", and apply even when they are not explicitly mentioned in association with the individual business transaction, insofar as nothing to the contrary is agreed in writing.
II. Terms and conditions of delivery
Despatch of goods is effected, insofar as this is not undertaken by the company's own vehicles, always at the customer's risk for the transport path from the Brewery or warehouse. Partial deliveries are permissible.
III. Terms and conditions of payment
The respective daily sales prices stipulated by the Brewery are agreed.
Brewery invoices are to be settled without deduction on receipt of the invoice insofar as nothing to the contrary has been agreed in writing.
The statements of account delivered by the Brewery are deemed to be correct and accepted by the customer if the customer does not raise any objections within four weeks from the date of the statement of account. The Brewery undertakes to point out to the customer at the commencement of the period that his silence after expiry of the term is seen as acceptance of the statement of account.
The Brewery is authorised to use granted loans, interest in arrears and other receivables to settle trade debts as it deems appropriate. The customer or debtor renounces the right of decision in accordance with Section 366 German Civil Code.
IV. Retention of title
The goods delivered remain the property of the Brewery until full payment of the sales price and until payment of any other receivables, including accessory claims have been received. Nevertheless, the customer is authorised to sell the goods as part of a proper business transaction, but only as long as the Brewery does not object to this.
Insofar as the customer sells goods still under the reservation of title of the Brewery, the receivables due to the customer from the third party under such contracts are assigned to the Brewery in full. The Brewery is authorised to notify the customer's buyer, the name of which the customer is obliged to disclose, of the assignment and to assert the claim for the assigned receiveables in his own name.
Should the sales terms and conditions of the third party contain a restriction on assignment authorisation, or should the third party make the assignment of the sales prices claim dependent on his assent, the assent of the third party is to be submitted to the Brewery in writing before delivery is effected. In the event that assent is refused, the Brewery is, upon order placement, immediately and irrevocably authorised to collect any receivables in the name of and for the account of the customer arising from the further sale of the reserved goods with respect to both main and secondary matters, in particular from the invoiced turnover tax. With this the customer issues the third party an irrevocable payment instruction in favour of the Brewery. Insofar as the securities that the Brewery is entitled to exceed the realisable value of the receivables by more than 20 per cent, the Brewery is obliged to release relevant collateral securities should the customer so demand; the choice of collateral securities to be released is at the discretion of the Brewery.
V. Warranty and compensation
Complaints concerning incorrect quantities are to be submitted in writing immediately upon receipt of the consignment; complaints concerning quality are to be submitted in writing within 8 days. The date of the delivery note is taken as the first day. The warranty of the Brewery in general or relating to individual parts is restricted to the right of a replacement delivery. If the replacement delivery fails, the customer can, at his discretion, claim a reduction of the sales price or the cancellation of the contract. Further warranty claims are excluded. Any defects and/or counter claims do not give the customer the right of offsetting or retention, unless the claim is undisputed or established by a court of law.
No warranty of durability can be accepted for goods which leave the Brewery on request of the customer despite there being a danger of frost.
The Brewery is liable for damages, for whatever legal reason, only in the event of intent or gross negligence. The Brewery is also liable insofar as it is culpable of infringing a contractual duty. The extent of the liability is - excepted in the event of intent - restricted to the extent of the foreseeable, typically occurring damage. The legal liability on account of personal injury, as well as customer claims deriving from the product liability act, remains unaffected.
VI. Empties
All of the returnable empties (barrels, crates, bottles etc.) remain the property of the Brewery despite the deposit payment. They may neither be sold nor used for other purposes. The claim to return empties and reimburse the deposit can, after the containers have been emptied, no longer be assigned. The customer bears all risk of loss or damage, even in the event of force majeure until they are returned into the possession of the Brewery.
The Brewery is only obliged to accept crates with the type of bottles supplied by the Brewery for the respective crate (so-called sorted returnable empties).
The customer is to replace any articles that he has lost at the discretion of the Brewery by articles of equal value or by payment of the respectively valid day price minus a fixed sum of 20 per cent as compensation "new and old" of a new article of the equal value.
VII. Advertising material
Mugs and glasses supplied by the Brewery are not to be used to serve other makes of beer and alcohol-free drinks.
VIII. Offsetting
The customer is not permitted to offset receivables due to the Brewery unless they are agreed to or stipulated by a court of law.
IX. Data processing
The customer agrees to the processing of his data necessary for conducting business: The aforementioned is deemed as notification in accordance with Section 33 I Federal Data Protection Act.
For the purposes of the decision on the establishment, execution or termination of a contractual relationship, the Brewery records or employs probability figures in the calculation of which other data flows such as address data.
X. Place of fulfilment and of jurisdiction
The place of fulfilment for all mutual obligations deriving from this contract is Kulmbach. The Brewery chooses between the courts of Kulmbach or Bayeruth as the venue responsible for decisions concerning legal disputes, including those concerning bills of exchange, cheques or other securities.
These provisions only apply for the persons named in Section 30 I Code of Civil Procedure
Moreover, the courts responsible for Kulmbach are agreed as responsible in the event that the customer moves his domicile or usual place of abode abroad after the conclusion of the contract or his domicile or usual place of abode is unknown at the time the legal action is brought.
XI. Consumer disputes (information pursuant to Article 14(2) Regulation on consumer ODR and § 36 VSBG [Consumer’s Alternative Dispute Resolution Act])
We always endeavour to resolve by mutual agreement with our customers any disputes resulting from a contract. We have always kept in close contact with our customers for this reason. The European Commission provides a platform for online dispute resolution, which is available at <link http: ec.europa.eu consumers odr _blank external link in new>