Terms and Conditions
General terms and conditions of business
The following terms and conditions apply to business transactions between Kaiserdom Specialitäten Brauerei GmbH Bamberg, Breitäckerstr. 9, 96049 Bamberg, referred to in the following as the “Brewery” and its business partners, referred to in the following as “Customer” – unless individual terms have been agreed. General Terms and Conditions of the customer are not contractually binding even if they are known by the Brewery.
Oral agreements to these General Terms and Conditions and / or the contract are not permissible. All alterations and additions must be explicitly approved in writing.
Deliveries are effected ex-works, Kaiserdom Specialitäten Brauerei, in accordance with the instructions of the Brewery and exclude liability for loading. Partial deliveries are allowed.
The Brewery undertakes to produce and supply the beverages in perfect quality and, in particular, to comply with all existing legal regulations concerning production.
After delivery, beer must be stored or transported in such a way that it remains cool and is protected from the effects of frost, sunshine and light. The best temperature for a beer cellar is 7 to 8 °C. In the case of draft beer; the oldest keg should be used first. The customer should always adhere to the “first in, first out“ principle.
The Customer must submit any complaints about quality to the Brewery without delay. Reports of broken bottles and objections to the volumes and/or prices shown on the delivery notes and/or invoices – also in the case of pallet deliveries – must be made on receipt of the goods, or in any case within 8 days. In case of late reporting of complaints, the Customer forfeits the right to a replacement delivery or credit note. Claims for damages against the Brewery may only be asserted if there has been intent or gross negligence. Liability for minor negligence can only be accepted if significant contractual obligations have been infringed and the infringement is a consequence of the Brewery’s operational organisation. Exclusion of liability does not apply to cases which fall under the product liability law. In the case of a legitimate claim, the Brewery may provide compensation in the form of goods free from defects. The Customer must allow the Brewery an appropriate grace period.
Further claims and rights, especially the withholding of the sales price are explicitly excluded: Not the case for wilful intent and product liability.
The keg contents established by the office of weights and measures shall be binding for the Brewery and the Customer.
In the case of a sale “Ex works“ the Brewery loads the goods on to the vehicle of the collector (owner of the vehicle) in accordance with the instructions of the vehicle driver. The operationally reliable securing of the load for transport shall be carried out by the collecting party in accordance with the current standards for loading security by competent well instructed haulage personnel. The collector shall provide the necessary load securing ancillary equipment. The Brewery will not inspect or control the load securing undertaken by the collector or any assignees. The Brewery does not assume any liability for damage resulting from insufficient securing of the load. Should there be no obvious equipment for load securing, e.g. planks, struts, load restraining webbing, tarpaulin, or the like, the vehicle will not be loaded. Any refusal to load will be documented.
If the goods are not stored or transported by the Customer or any third party after delivery in an environment which is frost-free, cool and protected from direct sunlight and elevated temperatures, the Brewery shall not be responsible for any defects which result from incorrect storage or transport of the goods.
In the case of any wilful or grossly negligent damage the Brewery is only liable according to the statutory stipulations. The Brewery is also liable in the case of a culpable infringement of a contractually substantially relevant obligation. The liability for replacement of the damage instead of performance shall be unaffected.
The magnitude of the liability in the above mentioned cases, with the exception of liability for wilful deliberate action, shall be limited to the amplitude of the reasonably foreseeable typically occurring damages.
Statutory liability for personal injury of any kind shall be unaffected. Unaffected are also the Customers rights under the Product Liability Statute. In the eventuality that any liability is limited by the forgoing provisions, this shall also apply to the personal liability of Brewery personnel, its assignees and representatives.
Delivery is made in line with the day prices/list prices or agreed selling prices for the customer group in question which apply on the day of delivery. Price changes become valid on notification of same to the Customer.
5.2 Settlement Date
Claims arising from delivery are due net, immediately after receipt of the invoice.
5.3 SEPA Transfer
SEPA Transfer. The time limit for pre-notification for the collection of accounts receivable by the creditor is reduced to a minimum of one day. The pre-notification takes effect with the issuing of the invoice. The Creditor Identification Number of the Brewery is: DE74ZZZ00000282556
5.4 Statement Confirmation
The Customer shall check statements of balance and other settlement documents to verify that they are complete and accurate, and shall report any objections in writing to the Brewery within 2 weeks after receipt of the statement of balance or settlement document in question. Otherwise these will be considered to have been approved, provided the Brewery has informed the Customer of the possibility of objecting.
In case of delayed payment the Brewery has the right to require payment in cash or to make further deliveries dependent on payment of outstanding sums. In addition the Brewery may demand interest at a rate of 2% over the discount rate of the Deutsche Bundesbank, with a minimum of 5% per annum, with effect from the default date. The Brewery reserves the right to claim other damages resulting from the default.
Claims by the Brewery may only be offset against undisputed or legally determined claims. Any withholding rights for the customer are only admissible if they result from the same contract.
5.7 Reservation of Title
Title to supplied goods remains with the Brewery until full payment has been received of all claims arising from the business relationship, and the Customer has settled any debit balance on his current account.
Goods which are supplied subject to retention of title may only be sold on in the normal way from the Customer’s place of business.
The goods may not be pledged by the Customer or assigned to third parties as security. The Customer hereby assigns to the Brewery all claims against third parties arising from on-sale of the goods supplied under retention of title. The Brewery hereby accepts this assignment. The Brewery has the right to inform the third party named by the Customer of the assignment of the claim and to demand fulfilment of the assigned claim in its own name.
Re-usable empties bearing the company name, lettering or labelling (e.g. crates, kegs) are distributed to the Customer exclusively on a loan basis and for proper use. They remain the unsaleable property of the Brewery. In the case of standard bottles, crates and pallets, empties are to be returned in the same quantity type and condition as supplied by the Brewery.
The Brewery will charge the applicable deposit for empties (e.g. returnable bottles, kegs, crates, Euro-pallets); this is due together with the purchase price. The deposits are to be viewed exclusively as security. They can in no way be considered a basis for assessment of deductions or reimbursements of any description.
Customer must return empties. The customer who is supplied with returnable containers from the Brewery must also bring the empties back in an acceptable condition. The Brewery has the right to refuse to accept returns which are disproportionately in excess of the supplied product. Compensation is payable for empties which are not returned, whereby the paid deposit will be offset.
The Brewery will issue credit notes for the returned empties.
The empties statements sent to the Customer by the Brewery shall be considered to have been accepted unless the Customer submits a written objection within two weeks, provided the Brewery has informed the Customer of the possibility of objecting. The Brewery is only obliged to accept crates containing the appropriate types of bottles supplied by the Brewery (sorted returnable empties). Empties which do not correspond by means of substance, colour, size and aperture or which are damaged or heavily soiled shall be considered to have not been returned. The Brewery is entitled to compensation for empties which are not returned, whereby the individual deposit balance shall be accounted for. The quantity and condition of returned empties shall be ascertained by the controls in the Brewery. Missing or heavily damaged empties shall be paid by the Customer at 80 % of the replacement cost (20 % deduction for “New for Old”).
6.4 Statement of Empties
Statement of „Empties“ sent by the Brewery to the Customer will be considered to be accepted and agreed if the Customer does not object in writing within 14 days, provided the Brewery has informed the Customer of the possibility of objecting.
7. Other Conditions
The Customer agrees to the commercially essential processing of his data; this is considered as notification under section 33 subsection 1 of the German Federal Data Protection law. The Brewery reserves the right to forward the data to third parties, i.e. insurance companies etc., in order to comply with its contractual obligations.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Hague Convention on the Law Applicable to International Sale of Goods do not apply. These terms and conditions are exclusively subject to German law.
The legal venue for commercially registered companies and all rights and obligations from all current business relationships is the registered seat of the Brewery.
So far as permitted by statute, Bamberg Germany is the sole place of jurisdiction for all disputes directly or indirectly resulting from the contract.
If any provision of these terms (or part of any provision) is, or shall become invalid, unenforceable or illegal, all other provisions shall remain in force.
In the case of differences in opinion or interpretation between the English and the German version, the German version shall be legally binding.
Last updated: January 2015