Terms and Conditions
General Terms & Conditions of Brauerei C. & A. Veltins GmbH & Co. KG
I. General / scope
The following General Terms & Conditions (GTC) shall apply exclusively to business transactions between Brauerei C. & A. VELTINS GmbH & Co. KG – hereinafter referred to as the “Brewery” – and its business partners – hereinafter referred to as the “Business Partners”. Any other GTC are hereby expressly rejected; only individually and in writing agreed upon individual case agreements shall remain unaffected by this.
The GTC of the Brewery shall only apply to entrepreneurs within the meaning of Sec. 310 Para. 1 of the German Civil Code (BGB).
To the extent that declarations in accordance with these GTC must be made in writing, this shall also be considered complied with by the text form in accordance with Sec. 126b of the German Civil Code (BGB).
II. Sales & distribution principles
- The objective of the cooperation between the Brewery and the Business Partner is to secure and expand the sales and distribution of VELTINS brand products as well as other products and brands distributed by the Brewery in compliance with the principles described below:
The Business Partner shall distribute the Brauerei’s products exclusively under the Brauerei’s brands and related brand slogans, however in its own name and for its own account. It is neither authorised to represent the Brauerei nor does it act as a vicarious agent of the Brauerei.
The Business Partner shall not change the nature, packaging and labelling of the products and trade names of the Brauerei in any way. Transferring the contents of one cask to another, or refilling casks, and/or transferring them for such purposes is not prohibited.
- The Business Partner shall sell the Brewery’s products exclusively under the Brewery’s brands and the brand slogans used by the Brewery, however, in its own name and on its own account. The Business Partner shall neither be authorised to represent the Brewery nor act as a vicarious agent of the Brewery.The Business Partner shall not alter the nature, containers and labelling of the Brewery’s products and brand names in any way. The transfer or refilling of containers or a passing on for this purpose shall not be permitted.
- The Brewery’s offers shall be subject to change without notice, timely ordering is requested. Information on dates, delivery deadlines and quantities will be adhered to whenever possible.
- Deliveries and pick-ups can be made dependent on the prior payment of due claims or the return of a corresponding quantity of empties or payment of the deposit amount for empties or the replacement value of the empties. Empties within the meaning of these Terms and Conditions shall be kegs, plastic crates, bottles and pallets. In cases of force majeure, production stoppages as well as in the event of labour disputes, the Brewery’s obligation to deliver shall not apply.
- If the Business Partner is in default of acceptance or culpably breaches other duties to cooperate, the Brewery may demand compensation for the damages incurred by it in this respect, including any additional expenditures. The right to assert further claims and rights shall remain reserved. If the prerequisites of a default of acceptance exist, the risk of accidental loss or accidental deterioration shall pass to the Business Partner at the point in time at which the Business Partner has fallen into default of acceptance or debtor’s delay.
IV Delivery/ Invoicing/ Offsetting
- Delivery/pick-up shall take place at the prices valid on the day of delivery/pick-up plus deposit and statutory VAT at the respective rate. Price changes shall become effective upon notification to the Business Partner as of the effective date.
- The goods are properly packed by the Brewery. The Business Partner agrees to recycle the packaging material in a proper manner. The Brewery’s statutory obligation to take back shall be excluded.
- The sending of invoices is carried out electronically. The Business Partner expressly consents to the electronic sending of invoices.
- The Brewery's invoices shall be due immediately and payable without deduction by way of SEPA direct debiting. Default of payment or non-payment of SEPA direct debits shall entitle the Brewery to charge interest on arrears at a rate of 9 percentage points (in the case of claims for payment) or 5 percentage points (in the case of other claims) above the base interest rate in accordance with Sec. 247 of the German Civil Code (BGB). If the Brewery is able to prove higher damages caused by the delay, it shall be entitled to claim these. However, the Business Partner shall be entitled to prove to the Brewery that the Brewery has suffered no damages or significantly lower damages as a result of the delay in payment.
- The Business Partner may only offset claims of the Brewery against undisputed or legally established claims.
- The customer shall only be entitled to rights of retention to the extent that these are based on the same contractual relationship and concern undisputed or legally established claims.
V. Reservation of title
- Ownership of the goods delivered and/or purchased from the Brewery shall pass to the Business Partner only after full payment of all claims arising from the business relationship up to the time of invoicing.
- The resale of these goods delivered and/or purchased under retention of title may only take place in the ordinary course of business of the Business Partner. Claims accruing to the Business Partner against third parties from the sale of the goods subject to reservation of title shall pass to the Brewery when they arise (so-called extended reservation of title). At the request of the Brewery, the Business Partner shall be required to notify the third-party debtor of the assignment and to provide the Brewery with the information required to assert the rights and to hand over the documents. In the event that the claims assigned in advance in accordance with the preceding provision exceed the secured claim by more than 10 %, the Business Partner shall be entitled to a release claim in the amount of the portion exceeding the 10 % limit; the Brewery shall be responsible for selecting the security to be released.
The goods may neither be pledged by the customer nor assigned to third parties as security.
- The Brewery shall manufacture the products in impeccable quality and, in particular, observe all existing statutory regulations in the manufacturing process.
- In the case of an ex-works sale, the brewery shall make the goods available for pick-up. At the request of the pick-up company (owner of the motor vehicle), the goods may also be placed on the vehicle according to the instructions of the pick-up company’s personnel (driver of the vehicle). Safe loading for transport and operation in accordance with the current state of the art in load securing technology shall be carried out exclusively by the pick-up company, which shall employ appropriately trained personnel. The pick-up company shall also provide the necessary means of securing the load. The Brewery shall not perform any checks on the load-securing measures carried out by the pick-up company - or its vicarious agents. The Brewery shall not be liable for damages caused by inadequate securing of the load. The Business Partner shall fully indemnify the Brewery against any claims and fines due to improper loading.
- In the interest of maintaining the high quality of the products of the Brewery, the Business Partner shall be required to treat the products of the Brewery with care and in a professional manner during both transport and storage. The goods shall be stored and transported by the Business Partner in a cool, frost-proof manner, protected from sunlight and light. The Business Partner shall ensure the protection of the full and also empty containers from dust and the effects of the weather both during transport as well as during storage. The same shall also apply to other products and brands distributed by the Brewery.
- The Business Partner is herewith expressly advised of its obligation to inspect the goods and to give notice of defects in accordance with Sec. 377 of the German Commercial Code (HGB). Notices of defects must be made in writing. Claims for defects shall be subject to the requirement that the owed obligation to inspect and give notice of defects has been duly performed.
- The warranty period for defects in the quality of the goods shall correspond to their respective best-before date and shall end with the expiry of the best-before date, but at the latest with the expiry of the statutory period of limitation.
- Claims for damages against the Brewery – irrespective of the legal reason – may only be asserted in the event of intent or gross negligence or in the event of injury to life, limb or health. The exclusion of liability shall not apply in cases in which liability is assumed under the Product Liability Act and also not in the event of providing a guarantee of specific characteristics or in the event of fraudulent intent nor in the event of a breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (essential contractual obligations / cardinal obligations). Liability for any minor negligent breach of essential contractual obligations shall be limited to the foreseeable damages typical for this type of contract.
- Empties shall remain the property of the Brewery. The Brewery shall be entitled to a return free of charge. Missing empties or empties damaged within the area of responsibility of the Business Partner shall be replaced by the Business Partner. The Brewery shall maintain an empties account for the Business Partner and shall charge the respective deposit value upon delivery/pick-up. The empties balances stated on invoices or separate notices shall be deemed to be accepted if the Business Partner does not object to the balances within 10 days of becoming aware of them. The deposit invoice shall be due at the same time as the goods invoice. Even after payment of the deposit amount, the Brewery shall remain the owner of the empties. Other than that, the Business Partner shall return empties to the Brewery on a regular basis as part of its full goods pick-ups. In the event of self-pick-up by the Brewery, the return of empties shall be at the expense and risk of the Business Partner.
- Pick-ups / deliveries may be made dependent on the provision of empties corresponding to the quantity of full goods at times of high turnover, e.g. before public holidays. Upon ending the business relationship, all empties must be returned in any case. Compensation for damages must be paid for empties that are not returned or not returned properly, whereby the deposit amount credited will be offset.
- The place of performance for delivery and payment shall be Meschede-Grevenstein (Germany), and the place of jurisdiction shall be 59872 Meschede (Germany), provided that the Business Partner is a fully-qualified merchant within the meaning of the German Commercial Code (Handelsgesetzbuch).
- Should any part of these General Terms & Conditions be or become ineffective, this shall not affect the validity of the remaining parts. The Brewery will then make supplementary arrangements to take this into account.
- The laws of the Federal Republic of Germany shall apply; the terms of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
- Any and all agreements affecting the contractual relationship must be in writing in order to be effective. This shall also apply to any waiver of the written form requirement.
- In the case of discrepancies between the language versions, the German version shall always prevail.
Monday - Thursday: 07.30 a.m. – 05.00 p.m.
Friday: 07.30 a.m. – 01.00 p.m.
Pick-up hours for goods:
Sunday 10.00 p.m. to Friday 4.00 p.m. throughout (except for public holidays, special regulations apply before public holidays, which will be announced separately in each case)
Brauerei C. & A. VELTINS GmbH & Co. KG, An der Streue, D-59872 Meschede-Grevenstein
(Version: January 2022)