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General Terms and Conditions
Delivery and payment conditions – Starzinger GmbH & Co KG
For terms and conditions regarding our contract bottling services, please see the contract bottling master agreement and general terms and conditions, which we can send you upon request.
Our offers are subject to change and are non-binding; the final offer cancels all previous offers.
Our deliveries are exclusively subject to our delivery and payment conditions. All deliveries are made according to the price list that was valid at the time of the delivery. Any agreements deviating from these conditions are only valid with our express, written approval.
Our representatives are not authorized to make any verbal agreements that deviate from our price list; any such changes require our express written approval.
Unless otherwise agreed, deliveries will be made by our trucks free of charge. The buyer is responsible for any freight costs arising from deliveries made by freight companies unless we have concluded another agreement in writing.
3. Empty containers
Containers remain the property of the respective producers, and must be returned to us in good condition – in case of damage to these empty containers, their purchase price will be added to the invoice. We will refund the deposit upon return of the undamaged containers from our delivery. The values of the deposit are in our price list.
We loan out barrels for transporting or fulfilling the order; the barrels must be emptied upon arrival and returned to our truck driver or our authorized freight handler against receipt. Any other use of the barrels will be charged at the usual rates – as specified in the price list. The buyer bears full responsibility for any damage to the barrels. Empty bottles must be sorted by type and placed back in the crates in which they were delivered for return.
The delivered goods remain our property until receipt of full payment. Transferring, transferring by way of security, or pledging the goods is prohibited until payment is made in full. The buyer must immediately inform us in the event of any third-party access to the goods, in particular by seizure. The buyer's authority to dispose of goods owned by us shall cease upon suspension of payment, commencement of insolvency proceedings over the buyer’s assets, or rejection of a bankruptcy petition filed due to the buyer’s lack of assets to cover costs. If the buyer is unable to make full payment for the goods belonging to us, then the buyer must assign all claims arising from the sale of the goods to us, while protecting the reservation of the seller's proprietary rights, and to inform the purchaser of these rights of the buyer about this at the latest upon conclusion of the contract, and to record this assignment in their account books. The buyer must inform us of the identity of the third-party debtor.
5. Default of payment
The opening of insolvency proceedings over the assets of the buyer, becoming informed of circumstances that jeopardize or hinder the recoverability of our claims or cast doubt on the buyer's solvency, or the receipt of what we consider to be unfavorable information about the purchaser's assets and/or income entitles us, without prejudice to other rights, to demand appropriate securities or to withdraw from the contract without setting a grace period.
The buyer must ensure the preservation and protection of all rights and objects serving as collateral, provided that we are not the storing these things ourselves, and to inform us accordingly.
6. Liability for defects
The buyer must check the incoming goods to verify that their quantity, quality, and type, as well as the packaging, correspond to our agreement. Any complaints about the goods must be made within two business days. Any damage or loss during shipping, including to barrels and containers, must be documented and confirmed by the driver. Any defects reported later will not give rise to any legal consequences, and in particular will not be grounds for warranty claims or claims for damages.
Unless otherwise agreed in writing, payment must be made upon receipt of the goods without any deductions. The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims unless these have been expressly acknowledged by us in writing or legally established by a court of law.
For payments made by bank or postal transfer, the customer number and invoice number must be included on the payment slips in order to ensure the payment is credited correctly. Late payments will be subject to interest on arrears of 1.3% per month, from the day on which the due date is exceeded. The buyer also agrees to reimburse all payment reminder and collection costs. In the case of default, the buyer/client agrees to pay the debt collection costs of the Kreditschutzverband of 1870 pursuant to the regulation of the Federal Ministry of Economic Affairs on the fees of collection agencies, BGBI 141/1996 .
8. Place of performance
All contracting parties agree that the place of performance and jurisdiction for any disputes directly or indirectly arising from this agreement is Frankenmarkt, irrespective of the amount in dispute or other competences. The seller also has the right to bring any such dispute before the competent court at the buyer's place of business.
9. Advertising materials
Glasses and dispensing equipment are provided to the buyer with the words "Free", "Free with refund", or with a borrowing slip, are the inalienable property of Starzinger GmbH & Co KG, and the buyer must return them to us upon request or termination of the business relationship within seven working days, or pay their purchase price.