General terms & conditions
of PARK & Bellheimer Brauereien GmbH & Co. KG
status: from November 2011
The following terms and conditions apply to business transactions between PARK & Bellheimer Brauereien GmbH & Co. KG - hereinafter referred to as the brewery - and its business partners - hereinafter referred to as the customer - unless otherwise agreed individually.
A direct delivery takes place – if the order has arrived in time - according to the delivery schedule of the brewery.
If the customer is a merchant, the customer must assert a material defect against the brewery immediately, at the latest within 10 days after receipt of the delivery. In case of a delayed complaint, the customer loses his right to warranty.
In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. If the customer is an entrepreneur, the brewery shall not be liable for slightly negligent breach of insignificant contractual obligations. The exclusion of liability expressly does not apply to injury to life, body or health. Furthermore, the exclusion of liability does not apply in cases of liability under the Product Liability Act.
Delivery takes place on the daily prices / list prices valid on the day of delivery for the respective customer groups or agreed prices plus statutory VAT. Price changes become effective upon notification to the customer. Receivables from deliveries are due net immediately upon receipt of the invoice. The customer must check balance confirmations, delivery notes, invoices and other settlements for correctness and completeness and raise objections in writing to the brewery within 3 weeks of receipt of the balance confirmation, delivery notes, invoices or settlement. Otherwise, these shall be deemed approved if the customer remains silent. In the event of default in payment, the brewery shall have the right to demand cash payment or to make further deliveries dependent on payment of the arrears.
6. Retention of title
The brewery retains title to the delivered goods until full payment of all claims arising from the business relationship and settlement of any balance arising from the current account relationship to the debit of the customer. The resale of the goods delivered under retention of title may only take place in the manner usual in the business of the customer. The goods may neither be pledged by the customer nor transferred by way of security to third parties. The customer hereby assigns to the brewery in advance any claims of the customer against third parties arising from the resale of the goods subject to retention of title. The brewery hereby accepts this assignment. The brewery is entitled to notify the third parties to be named to it by the customer of the transfer of the claim and to assert the assigned claim in its own name. The brewery undertakes to release the securities to which it is entitled in accordance with the above provisions at its discretion at the customer's request insofar as the realisable value exceeds the claims to be secured by 20 % or more.
Empties (crates, returnable bottles, barrels, beverages - containers, carbon dioxide bottles, crates, pallets and other returnable containers) intended for reuse and provided with company identification, labelling or label shall only be handed over to the customer for intended use. It remains the inalienable property of the brewery. The brewery charges the valid deposit amounts for the empties; these are due together with the purchase price plus statutory value added tax. The deposit amounts serve only as security. Under no circumstances shall they serve as a basis for assessment of deductions and remuneration of any kind whatsoever. The customer must return the empties in proper condition and return them when collecting them himself. The brewery is only obliged to take back the empties to the extent that the customer has obtained them from the brewery. The brewery shall issue credit notes for the returned empties plus statutory value-added tax. Empties not returned shall be paid at the replacement price. The deposit shall be deducted. The empties extracts sent to the customer by the brewery shall be deemed accepted if the customer does not raise objections in writing within 3 weeks and the brewery has informed the customer of the possibility of objection. The brewery is only obliged to take back crates with the bottle types intended for this purpose and delivered by the brewery (so-called sorted returnable empties).
The customer has been informed and expressly agrees that the brewery may electronically store and process the personal data required for business transactions in accordance with the interests of the customer.
9. Agreement on jurisdiction
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship shall be the Amtsgericht Pirmasens and if the regional court has jurisdiction to do so shall be the Landesgericht Zweibrücken. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is unknown at the time the action is filed.