TERMS OF DELIVERY AND PAYMENT – STARZINGER GMBH & CO KG
Our terms and conditions for our contract filling service can be found in our framework agreement and general conditions for contract filling, which we will send to you on request.
Our offers are subject to change and non-binding, the most recent offer replaces all previous offers. For all deliveries by us, our delivery and payment terms shall be exclusively applicable. All deliveries are made according to the price list applicable at the time of delivery. Diverging agreements are only binding if they have been expressly confirmed by us in writing. Our representatives are not authorised to verbally agree to legally valid changes in our price list; these require our express written confirmation.
Unless otherwise agreed, delivery is free by our lorries to the buyer’s address. Freight costs for delivery by freight carriers shall be borne by the buyer, as long as no other agreement to the contrary exists in writing.
Containers remain the property of the respective manufacturer and shall be returned to us immediately in good order and condition – for defect empties we will charge the cost price. When returning empties from our deliveries in good order and condition, the deposit will be reimbursed. Please see our price list for the amount of deposit. Barrels are made available on loan for transport or for completing the order and are to be emptied after arrival and handed over to the driver of our lorry or the haulier commissioned by us in return for a receipt. If used for any other purposes, a usage fee will be charged at the customary rates – as per pricelist. The buyer shall be fully liable for any damage to the barrels. The empty bottles shall be put back into the respective delivery crates, sorted by type.
The goods delivered by us remain our property until payment has been made in full. Conveyance, assignment as security and pledging are therefore prohibited until payment has been made in full. The buyer is obligated to immediately notify us of possible access to the goods by third parties, such as seizure in particular. The buyer’s authorisation to sell products still in our ownership ends with the said buyer’s bankruptcy, the opening of insolvency proceedings over the assets of the buyer, or the rejection of bankruptcy application due to lack of assets to cover costs, on the part of the buyer. In the event the goods in our property are not paid in full by the buyer, the buyer shall be obligated to relinquish all claims arising from the sale of the goods to us, while maintaining the reservation of ownership, to inform the buyer of the buyer about this about this no later than at the time of conclusion of contract and also to enter a note about the assignment made in his account books. The buyer is obligated to identify the garnishee to us.
5. DELAY OF PAYMENT
In the event of the opening of insolvency proceedings against the assets of the buyer, circumstances becoming known which could jeopardise or hamper the collectability of our claims or make the buyer’s solvency appear questionable, or the receipt of in our opinion unfavourable information regarding the buyer’s financial circumstances and/or earning capacity, we shall be authorised, irrespective of any other rights, to demand corresponding sureties or to withdraw from the contract without setting a final deadline. The buyer shall ensure at own initiative the preservation and safeguarding of all items serving as surety on our behalf, unless they are in our safekeeping, as well as any rights, and inform us accordingly.
6. LIABILITY FOR DEFECTS
The buyer is obligated to inspect the arriving goods with regard to whether they conform to the quantity, quality and type as well as packaging agreed upon. Any complaints about the goods are to be made promptly within 2 working days. Any damage and losses upon delivery, including to/of barrels and containers, must be certified or confirmed by the driver. Late notices of defect do not trigger any legal consequences, in particular no claim for guarantee and compensation.
Payments, unless otherwise agreed in writing, shall be made without any deductions when receiving the goods. The buyer is not authorised to withhold or offset payments due to warranty claims, unless these have been expressly recognised by us in writing or have been established as judicially legally binding. When paying by bank or postal transfer, the customer ID and invoice number shall be indicated on the payment slip so that a corresponding credit entry can be made. From the day the deadline for payment is missed, interest on arrears will be charged at 1.3 % per month. The reimbursement of all expenses for reminders and collection is deemed to have been agreed upon. In case of default, the buyer/client undertakes to reimburse the operating costs of the association for the protection of creditors from 1870 in accordance with the act by the Austrian Ministry for Economic Affairs regarding the fees of debt collection agencies, BGBI. No. 141/1996
8. PLACE OF FULFILMENT
The place of fulfilment and court of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is Frankenmarkt, which all contracting parties shall submit to regardless of the amount in dispute or any other jurisdictions. The vendor shall further have the right to call upon the court with subject matter jurisdiction at the buyer’s place of business.
9. ADVERTISING MATERIALS
Glasses and taproom technology, which have been made available to the buyer with the note “free”, “free with refund” or with a borrowing slip, are the unsellable property of Starzinger GmbH & Co KG and shall be returned to us on request upon termination of the business relationship within seven working days or paid for at cost price.