Our terms and conditions for our contract filling service can be found in our framework agreement and general terms and conditions for contract filling, which we will send to you on request.
Our offers are subject to change and non-binding, the last offer cancels all previous offers.
Our terms and conditions of delivery and payment shall apply exclusively to deliveries from us. All deliveries shall be made at the price list valid at the time of delivery. Deviating agreements are only binding if they are expressly confirmed by us in writing.
Our representatives are not entitled to make legally valid verbal promises to deviate from our price list; these require our express written confirmation.
Unless otherwise agreed, delivery shall be made free domicile by our lorries. Freight costs for delivery by carriers shall be borne by the buyer, unless otherwise agreed with us in writing.
The container remains the property of the respective producer and must be returned to us immediately in perfect condition - the purchase price will be invoiced for defective empty containers. The deposit rates will be refunded for the return of perfect containers from our deliveries. The amount of the deposit can be found in our price list.
Drums are made available on loan for transport or for the fulfilment of the order and are to be emptied on arrival and handed over to the driver of our lorry or to the carrier commissioned by us against confirmation of receipt. In the case of other use, a usage fee will be charged at the usual rates - according to the price list. The buyer shall assume full liability for any damage to the barrels. The empty bottles are to be put back into the respective delivery crates for return sorted by type.
The delivered goods remain our property until full payment has been made. Transfer of ownership, transfer by way of security and pledging are not permitted until payment has been made in full. The buyer is obliged to notify us immediately in the event of any third party access to the goods, such as in particular seizure.
The buyer's right to sell goods owned by us ends with the buyer's suspension of payments, the opening of insolvency proceedings against the buyer's assets or the rejection of a bankruptcy petition filed against the buyer for lack of assets to cover costs..
In the event of the goods remaining our property for lack of full payment by the buyer, the buyer shall be obliged to assign all claims arising from the sale of the goods to us in compliance with the seller's retention of title, to notify the buyer's purchaser of this at the latest when the contract is concluded and also to make a book note in its commercial books of the assignment that has taken place. The buyer is obliged to inform us of the third party debtor.
Opening of insolvency proceedings against the buyer's assets, the discovery of circumstances which jeopardise or impede the collectability of our claims or make the buyer's solvency appear doubtful, or the receipt of information about the buyer's assets and/or income which is unfavourable in our opinion, we shall be entitled, without prejudice to other rights, to demand appropriate securities or to withdraw from the contract without setting a period of grace.
We shall be entitled to demand appropriate securities or to withdraw from the contract without setting a period of grace.
The buyer himself shall be responsible for the preservation and safeguarding of all items serving as security for us, insofar as they are not held in safe custody by us, and shall inform us accordingly.
The buyer is obliged to check the goods received by him whether they correspond to the agreement in quantity, quality and type as well as with regard to packaging. A complaint about the goods must be reported immediately within 2 working days.
Damage and loss during delivery, including of barrels and containers, must be certified or confirmed by the driver. Late reports of defects do not trigger any legal consequences, in particular no warranty claims or claims for damages.
Unless otherwise agreed in writing, payments shall be made upon acceptance of the goods without any deduction. The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims unless these have been expressly recognised by us in writing or have been legally established by a court of law.
In the case of payments by bank or postal transfer, the customer number and invoice number must be stated on the payment slips.
In the case of payments by bank or postal transfer, the customer number and the invoice number must be stated on the payment slips in order to be able to make a correct discharge. Interest on arrears amounting to 1.3% per month will be charged from the day on which the payment deadline is exceeded. The reimbursement of all reminder and collection charges is deemed to be agreed. In the event of default, the buyer/client undertakes to reimburse the collection costs of the Credit Protection Association of 1870 in accordance with the Ordinance of the Federal Ministry for Economic Affairs on the Fees of Collection Agencies, BGBI. No. 141/1996.
The place of fulfilment and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Frankenmarkt, to which all parties to the contract submit regardless of the amount in dispute or other jurisdictions. The seller shall also have the right to appeal to the competent court at the buyer's place of business.
Glasses and dispensing equipment which are provided to the buyer with the note "free of charge", "free of charge with refund" or with a loan note are inalienable property of Starzinger GmbH & Co KG and must be returned to us within seven working days upon request or termination of the business relationship, or paid for at the purchase price