GENERAL DELIVERY AND PAYMENT TERMS
General Delivery and Payment Terms of OeTTINGER Brauerei GmbH
§ 1 General, Scope
The following conditions apply to all our business relationships with our business partners (hereinafter "Customer"); they apply only if the Customer is an entrepreneur (§ 14 BGB), a legal entity under public law, or a public-law special fund. Deviating, conflicting, or supplementary general terms and conditions of the Customer will only become part of the contract if we have expressly agreed to them. This approval requirement applies in any case, for example, even if we execute the delivery to him without reservation or remain silent on the Customer's sent general terms and conditions, with knowledge of them.
§ 2 Conclusion of Contract
Our offers are non-binding. The customer's order of goods is considered a binding contract offer. Acceptance can be declared by us either in writing, in text form, or by delivering the goods.
§ 3 Delivery, Transfer of Risk
The delivery period is individually agreed upon or indicated by us upon acceptance of the order. If, for reasons beyond our control, we cannot meet binding delivery deadlines, we will promptly inform the customer about this and the extended delivery period. If the performance is not available within the new delivery period, we are entitled to withdraw entirely or partially from the contract; any consideration already provided by the customer will be refunded promptly. The customer's rights under § 4 and our statutory rights, especially in the case of an exclusion of the obligation to perform (e.g., due to impossibility, unreasonableness, and/or subsequent performance), remain unaffected. If the delivery of the goods is carried out by our own personnel, the risk of accidental loss and deterioration of the goods passes to the customer upon handover. In the case of a sale of the goods ex works, the transport risk passes to the customer upon the goods being loaded onto the customer's or collector's vehicle. We are not a loader within the meaning of § 412 HGB (German Commercial Code). Loading and transport of the goods according to the current state of load securing technology are carried out by the collector. The collector provides the necessary load securing means and ensures that the vehicles used for transport are technically suitable. We are not liable for damages resulting from technically unsuitable vehicles and/or insufficient load securing.
§ 4 Quality Assurance, Warranty Claims, and Liability
We guarantee that the goods will be delivered in perfect quality. If the goods are not stored frost-proof, cool, protected from sunlight, and light-sensitive after delivery, we are not liable for resulting defects. The customer must promptly inspect the goods for any complaints (especially quantity deviations from the quantity stated on the delivery note) upon receipt and immediately notify us of any complaints. Hidden defects must be reported to us immediately upon discovery. Otherwise, our liability for these defects is excluded. In the case of justified and timely notice of defects, we can, within a reasonable period, deliver a defect-free item. We are liable for damages, regardless of the legal grounds, in the case of intent and gross negligence. In the case of simple negligence, we are only liable for damages resulting from the violation of life, body, or health and for damages resulting from the violation of a material contractual obligation (an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the replacement of the foreseeable, typically occurring damage. The above limitations of liability do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to the customer's claims under the Product Liability Act.
§ 5 Prices, Payment Terms, SEPA Direct Debit
Unless otherwise agreed in individual cases, our prices, valid at the time of contract conclusion, apply within Germany free domicile plus statutory value-added tax. Separate prices apply for pickup from the warehouse and deliveries abroad. If nothing different has been agreed, the agreed prices apply for immediate payment after delivery in the SEPA direct debit procedure. If payment is made in a different way, we reserve the right to charge the customer a surcharge of €2.00/hl. The period for the pre-notification to be made by the creditor in the SEPA direct debit procedure is reduced to at least one day. The pre-notification is made with our invoice and contains all relevant information (due date, mandate reference, creditor identification number). If the due date falls on a weekend or public holiday, the due date is postponed to the next working day. The customer is only entitled to set-off or retention rights to the extent that his claim has been finally determined or is undisputed.
§ 6 Retention of Title
Until full payment of all our current and future claims from the purchase contract and an ongoing business relationship (secured claims), we reserve ownership of the goods sold ("reserved goods"). In the event of the customer's contractual breach, especially in case of default of payment, we are entitled to withdraw from the contract (realization). The customer is entitled to resell the reserved goods in the ordinary course of business until the occurrence of the realization, provided that he behaves properly in his business transactions. Pledges and transfers of security are not permitted. In the case of resale of the reserved goods, the customer hereby assigns to us the resulting claim against the acquirer as security. The same applies to other claims that replace the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from unauthorized handling in case of loss or destruction. We authorize the customer to collect the claims assigned to us in his own name, revocable. We will only revoke this collection authorization in the event of realization. If third parties access the reserved goods, especially by seizure, the customer will immediately point out our ownership and inform us of this.
§ 7 Returnable Items and Deposit
Reusable returnable items (bottle and crate empties, barrel containers) and pallets are loaned to the customer. The customer must return empties and pallets of the same type, quality, and quantity immediately after proper use. A deposit is charged for reusable returnable items as specified in the price list. It must not be sold or used for other purposes. We charge the currently valid deposit amounts for returnable items, which are due together with the purchase price plus statutory value-added tax. The customer must return the empties in proper condition. For non-returned or improperly returned empties, the customer is liable for damages. The deposited deposit credit will be offset in this case. We are not obliged to take back more than the returnable items supplied by us. There is no obligation to accept foreign deposit items (especially in a different form, size, color, or with relief imprint). The above regulations also apply to pallets.
§ 8 Choice of Law and Jurisdiction
For these and all other legal relationships between us and the customer, the law of the Federal Republic of Germany applies, excluding international uniform law, in particular, the UN Sales Convention (CISG). If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a public-law special fund, the exclusive, also international, place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Oettingen. However, we are also entitled to bring an action at the general place of jurisdiction of the customer.
Note: The customer is aware that we store data from the contractual relationship in accordance with § 28 Federal Data Protection Act for the purpose of data processing and reserve the right to transmit the data, as far as necessary for the fulfillment of the contract, to third parties (e.g., insurance companies).
FAN SHOP AND SPECIAL CUSTOMER INFORMATION
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