I. Scope of application

The following terms and conditions apply to business transactions between Altenburger Brewery GmbH - hereinafter referred to as ‘Brewery’ - and its business partners - hereinafter referred to as ‘Client’ - provided that there are no other deviating written individual agreements. The Client’s deviating, conflicting or supplementary general terms and conditions do not constitute a contractual component, even if Brewery is aware of them. These terms and conditions also apply to future transactions, even if they are not referred to again or the application of them is not explicitly agreed, if the Client has only been notified of these for a previously confirmed order.

II. Delivery

All Brewery offers are non-binding with respect to quantity, price, delivery time and delivery availability. A delivery contract is only concluded by our written order confirmation or successful delivery. The Customer is bound to the order for 2 weeks. In cases of force majeure, or other events for which Brewery is not responsible, delivery periods shall be extended accordingly. The same applies to excess seasonal demand. In these cases, Brewery is entitled to make corresponding replacement deliveries from affiliated breweries. In specific cases, Brewery is entitled to make the delivery of full containers conditional on empties being returned. Verbal subsidiary agreements and guarantees require Brewery’s explicit confirmation in writing in order to be effective.

III. Payment

1. Prices: Delivery is made based on the list prices or individually agreed sales prices valid on the day of delivery or collection for the respective client group, plus statutory VAT. Price changes are effective when the Client is notified of this.

2. Due date: Unless there is a deviating agreement, trade receivables are due for payment without deduction immediately upon delivery when the invoice has been received. Notices of defects do not give an entitlement to withhold due payments. Rights of retention and set-offs for contested counterclaims or counterclaims that are not legally enforceable are excluded.

3. Settlement confirmation: With respect to receivables and empties accounts and other settlements, the Client must review balance confirmations for accuracy and completeness, and object to these in writing within two weeks of receiving the balance confirmation or settlement, by notifying Brewery. Otherwise, these will be considered to have been approved if Brewery has informed the Client of the possibility of objecting.

4. Default: If payments are delayed, Brewery has the right to request cash payment upon delivery and to make other services conditional on the payment of arrears. It is also entitled to refuse performance in advance. Legal default consequences also apply.

5. Payment via centralised settlement (collection or confiscation): If the Client makes payments to a specified party, usually a debt collection or confiscation company, for receivables to be settled centrally, these Brewery receivables only expire when the money has been deposited in their accounts. Client payments to such parties are not deemed to have been received by Brewery even if the word ‘Collection (Inkasso)’ or similar phrasing is used in these (framework) agreements or by Brewery. The Client may request at any time in writing to no longer take part in such centralised settlement.

IV. Retention of title

Until current or future receivables that Brewery asserts against the Client, have been paid (including any balance claims from a current account), regardless of the legal basis, Brewery shall be granted the agreed security that Brewery shall release at its discretion provided that the value of such security is consistently 20% more than the existing receivables.

Delivered goods remain Brewery’s property. The Client is revocably entitled to sell the reserved goods in a proper business transaction under retention of title. Pledges and chattel mortgages are not permitted. The Client shall assign any receivables from the onward sale or any receivables that are based on other legal grounds that relate to the reserved goods (including any balance claims from a current account) to Brewery in advance as security, without a separate agreement being required on a case-by-case basis.

Brewery revocably authorises the Client to collect any assigned receivables for its own account and in its own name. The Client must calculate the onward sale of these goods separately from other goods to guarantee the advance assignment. With respect to onward sales, the Client must reserve its customers’ conditional ownership of the reserved goods to which it is entitled until they have paid the purchase price in full.

If third parties access the reserved goods, the Client must immediately refer to our ownership and notify us immediately. If it becomes apparent that our purchase price claim has been jeopardised by defective performance, Brewery may revoke authorisation for the onward sale and/or confiscation, disclose the assignment of the Client’s claims to its customers from the onward sale or claims based on other legal grounds, and request direct payment to Brewery. If the purchase price claim is jeopardised by defective performance by the Client or by the Client’s conduct that is contrary to the contract, Brewery is entitled to withdraw from the contract and retract the reserved goods under the conditions of Section 323 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). The Client hereby consents to granting persons engaged by the Brewery to collect such goods for these purposes access to, and use of, the premises and buildings on which or in which the reserved goods are located. The Client must provide all required information at all times and provide documentation such that Brewery is able to realise claims from the onward sale assigned in advance.

V. Empties and bottle deposits

Empties intended for reuse that have company/brand tags, inscriptions or labels (crates, reusable bottles, barrels, drinks containers and pallets) are only given to the Client for the intended use. It remains the non-negotiable property of Brewery. Brewery calculates the respectively applicable bottle deposit amounts for empties; these are due for payment together with the purchase price, plus statutory VAT. Bottle deposit amounts are only used as security. They never form the basis of assessment for deductions or fees of any kind.

The Client must return empties in a proper condition without undue delay. Brewery may reject unreasonably high return volumes. Compensation is to be paid for empties not returned or not properly returned, whereby the bottle deposit credit paid is offset. Depending on the type of empty, compensation to be paid is the new value less a deduction with respect to ‘new for old’ logic.

The empties balance provided to the Client by Brewery shall be considered to have been accepted if the Client does not object to it in writing within two weeks and Brewery has referred the Client to the possibility of objecting.

VI. Liability for defects

Brewery always manufactures and delivers its products in perfect quality, in compliance with legal provisions. The Client must immediately submit any complaints about quality, delivered quantities or wrong deliveries, to Brewery immediately in writing. Complaints concerning visible defects and deviations from the quantities stated on the delivery note must be made upon receipt of the goods, however within 8 days of receipt at the latest. Otherwise, Brewery’s liability for such defects is excluded. For justified and timely complaints relating to defects, Brewery is entitled to supply an item that is free of defects. The Client must give Brewery a reasonable deadline to do so. Brewery is liable for intentional or grossly negligent damage in accordance with legal provisions. If, after delivery, products are stored or transported by the Client or third parties in a way that is not frost-resistant, cool, or protected from sunlight and light, Brewery shall not be liable for any resulting defects. Brewery is also liable if an essential contractual duty is culpably breached. Liability for compensation for damages instead of delivery remains unaffected. The extent of liability is limited to the extent of foreseeable, typically occurring damage in the above-mentioned cases - except liability for intent. Any liability for Brewery under German Product Liability Law (Produkthaftungsgesetz), or any liability for personal injury, remains unaffected.

VII. Transport and load restraint

In accordance with the German law on action against illegal employment in legal freight traffic (Gesetz zur Bekämpfung der illegalen Beschäftigung im Güterkraftverkehr, GüKG), drivers or carriers may only be employed if they meet the conditions of Section 7b of the GüKG when collecting goods. Foreign drivers from third countries require a valid work permit. These drivers’ vehicles are only loaded if Brewery is presented with an official certificate with a certified translation into German under Section 7b Paragraph 1 Sentence 2 of the GüKG on request. Costs of loading not taking place caused by the above-mentioned conditions not being met shall not be borne by Brewery. Irrespective of supplier obligations pursuant to Section 22 of the German Road Traffic Regulations (Strassenverkehrsordnung), the Client is obligated to independently ensure that all security requirements under road traffic law and transport law, with particular reference to load restraint, are complied with for the specific loaded goods.

The Client is also obligated to release the brewery from any damages that may occur by the Client breaching the above-mentioned obligation.

VIII Miscellaneous

1. Data processing: The Client consents to its data being processed where this is required for business purposes; the above shall be considered to be notification pursuant to Section 33 Paragraph 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz).

2. Place of jurisdiction: The place of jurisdiction for registered traders is Gera. Brewery may also file a suit against the Client in its own place of jurisdiction. The law of the Federal Republic of Germany exclusively applies to the contractual relationship. Applicability of the CISG is excluded.

Altenburg, 1 July 2013.

Altenburger Brauerei GmbH
Brauereistraße 20
04600 Altenburg

Tel.: 03447 3129 – 0
Fax: 03447 3129 – 19

info@altenburger-brauerei.de

Brewery museum
Opening hours brewery museum:
Saturday and Sunday by appointment only Registration possible under:
+49 3447-3129-0
or info@altenburger-brauerei.de