Terms and conditions for Erfrischungsgetränke-Union Kulmbacher Gruppe GmbH
These terms and conditions apply to any business transactions with us, even if these terms and conditions have not been expressly made the subject of individual transactions. These terms and conditions only do not apply if expressly agreed otherwise in writing.
II. Terms of delivery
Goods are shipped at the customer’s own risk, unless the goods are being transported using our own vehicles. Risk is transferred with loading is complete. We reserve the right to make partial deliveries.
III. Terms of payment
Sales are made at the daily selling prices set by us in each case. Invoices must be paid by the customer as soon as they are received, without deduction, unless agreed otherwise in writing.
Statements of account issued are considered to have been approved if the customer has not objected to them within four weeks of the date of the statement of account. At the start of the period, we will point out in writing that failure to object after the deadline has passed is taken as approval.
We are entitled to use payments to repay commercial debts, loans, outstanding interest or other claims. The customer waives the right to make a determination pursuant to § 366 BGB [German Civil Code].
IV. Reservation of title
Goods delivered remain our property until full payment of the purchase price and any other outstanding claims.
The customer is authorized to sell on the goods through normal business channels, provided that we do not object. Claims resulting from resales are assigned to us when they originate. We are authorised to notify third parties, whose names the customer is required to provide, of the assignment and to assert the assigned claims on our own account.
If the conditions of purchase of the third party include a restriction on the assignment authority, or if the assignment of the claim is made conditional upon an agreement, this agreement must be presented to us, in written form, prior to delivery. If the goods are delivered nonetheless, we are irrevocably entitled to collect claims resulting from the resale of the goods subject to reservation of title, in the name of and on behalf of the customer. The customer thereby irrevocably issues the third party with an order for payment in their favour.
If the achievable value of a security assigned to us exceeds our debt by more than 20 percent, we will release the securities that exceed this on request. If there are several security, we can choose which to release. We are also authorised to waive securities as a whole or in part.
V. Liability for defects and compensation for damages
Complaints about defects relating to quantity must be made as soon as the consignment is received, complaints about quality must be made within 8 days of receipt. Complaints must be made in writing. Liability for defects is initially restricted to replacement delivery. If the replacement delivery fails, the customer can claim either to reduce the purchase price or cancel the contract. No further claims for liability for defects can be made. Any warranty claims and/or other counter claims do not entitle the customer to the right to set-off or the right of retention, unless the claim is uncontested or have been legally established.
No guarantee will be given that goods will be imperishable if they are delivered at the customer’s request when there is a risk of frost.
We are only liable for compensation for damages, for any legal reason, in cases of intention or gross negligence, or in the event of culpable violation of an essential contractual duty. The amount of the liability – with the exception of cases of intention – is limited to the scope of foreseeable damages that typically occur. Statutory liability because of personal injury, as well as claims by the customer resulting from the law on product liability, remain unaffected by this.
All reusable empties (kegs, crates, bottles, etc.) remain our property despite payment of a deposit. Containers should be returned promptly once they are empty. Use for other purposes is not permitted. Claims for acceptance of empty containers and return of the deposit can no longer be transferred once a container has been emptied. The customer carries the risk of loss or damage, including in cases of force majeure, until the empties are returned.
We are only required to take back crates with the types of bottles intended for this purpose that we have supplied (“selected reusable empties”).
If the customer loses any empties, we can choose whether the customer replaces them with products of equal value or pays the applicable replacement cost minus a flat-rate amount of 20% for “new for old” compensation.
VII. Promotional goods
Pitchers and glasses with our logo must not be used for serving third-party beers and alcohol-free drinks.
The customer may not set off claims with their own claims, unless we have acknowledged them or unless they are legally enforceable.
We follow the legal data protection regulations when handling personal data. We process customers’ personal data if this is necessary for establishment, performance or termination of a contractual or quasi-contractual relationship, together with pre-contractual measures, or if this it in our legitimate interest. Further information on privacy, in particular, the rights of the parties concerned, the complaints office and the data protection officer can be found at www.erfrischungsgetraenke-union.com/privacy-statement/.
X. 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 any disputes with our customers 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 ec.europa.eu/consumers/odr/. We are not obligated or prepared to participate in a dispute settlement procedure before a consumer dispute resolution board. This would be the responsibility of the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl (www.verbraucher-schlichter.de).“
XI. Place of performance and court of jurisdiction
The place of performance for all mutual obligations resulting from the contract is Kulmbach.
Only the courts at our registered office are competent for resolving disputes, including those resulting from bills of exchange, cheques or other securities - the provision only applies for persons given in § 38 I ZPO [German Code of Civil Procedure]. Furthermore, the courts at our registered office are also competent if the customer moves their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is not known at the time of commencement of the action. We are also entitled to commence actions at other courts of jurisdiction.