GTC

Our terms and conditions for our contract filling service can be found in our framework agreement and general terms and conditions for contract filling, which we will send to you on request.

1. offers

Our offers are subject to change and non-binding; the last offer cancels all previous offers.

Our terms of delivery and payment shall apply exclusively to our deliveries. All deliveries are made according to the price list valid at the time of delivery. Deviating agreements are only binding if they are expressly confirmed by us in writing.

Our representatives are not authorized to make legally binding verbal commitments to deviations from our price list; these require our express written confirmation.

2. delivery

Unless otherwise agreed, delivery shall be made by our trucks free domicile. Freight costs for delivery by carrier shall be borne by the buyer, unless otherwise agreed with us in writing.

3. empties

Empty containers remain the property of the respective producer and must be returned to us immediately in perfect condition - the purchase price will be charged for damaged empty containers. If containers from our deliveries are returned in perfect condition, the deposit rates will be refunded. The amount of the deposit can be found in our price list.

Barrels are made available on loan for transportation or to fulfil the order and are to be emptied on arrival and handed over to the driver of our truck or the carrier commissioned by us against confirmation of receipt. In the event of other use, a usage fee will be charged at the usual rates - according to the price list. The buyer assumes full liability for any damage to the barrel. The empty bottles are to be sorted into the respective delivery crates for return.

4. reservations

The delivered goods remain our property until full payment has been made. Transfer of ownership, transfer by way of security and pledging are not permitted until full payment has been made. The buyer is obliged to inform us immediately of any seizure of the goods by third parties, in particular by way of attachment. The buyer's authorization to sell goods owned by us shall end upon the buyer's suspension of payments, the opening of insolvency proceedings against the buyer's assets or the rejection of a bankruptcy petition filed against the buyer for lack of assets to cover costs. In the event that the goods owned by us are not paid for in full by the buyer, the buyer shall be obliged to assign to us all claims arising from the sale of the goods while maintaining the seller's retention of title, to inform the buyer's purchaser of this at the latest upon conclusion of the contract and also to make a note of the assignment in his commercial books. The buyer is obliged to inform us of the third-party debtor.

5. default of payment

If insolvency proceedings are instituted against the Buyer's assets, if circumstances become known which jeopardize or impede the collectability of our claims or make the Buyer's solvency appear doubtful, or if we receive information about the Buyer's financial and/or income situation which we consider to be unfavourable, we shall be entitled, without prejudice to other rights, to demand appropriate securities or to withdraw from the contract without setting a grace period.

The Buyer shall be responsible for maintaining and securing all items serving us as collateral, unless they are held in safekeeping by us, and shall inform us accordingly.

6 Liability for defects

The buyer is obliged to inspect the goods received by him as to whether they comply with the agreement in terms of quantity, quality and type as well as packaging. Complaints about the goods must be reported immediately within 2 working days. Damage and loss on delivery, including of drums and containers, must be certified or confirmed by the driver. Delayed notification of defects shall not trigger any legal consequences, in particular no warranty claims or claims for damages.

7 Payments

Unless otherwise agreed in writing, payments must be made without any deductions upon acceptance of the goods. The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims unless these have been expressly recognized by us in writing or have been legally established by a court of law.

In the case of payments by bank or postal transfer, the customer number and invoice number must be stated on the payment slips in order to be able to carry out a correct discharge. Interest on arrears of 1.3% per month shall be charged from the day on which the due date is exceeded. The reimbursement of all reminder and collection charges shall be deemed agreed. In the event of default, the buyer/client undertakes to reimburse the collection costs of the Kreditschutzverband von 1870 in accordance with the Ordinance of the Federal Ministry for Economic Affairs on the Fees of Collection Agencies, Federal Law Gazette No. 141/1996.

8. place of performance

The place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Frankenmarkt, to which all parties to the contract submit regardless of the amount in dispute or other jurisdictions. The seller shall also have the right to appeal to the competent court at the buyer's registered office.

9. advertising material

Glasses and dispensing equipment which are provided to the purchaser with the note "free of charge", "free with refund" or with a loan bill are the inalienable property of Starzinger GmbH & Co KG and must be returned to us within seven working days on request or on termination of the business relationship, or must be paid for at the purchase price.