Terms and Conditions
Standard Business Terms
(including terms of delivery and payment)
I. General terms / Scope
The following Standard Business Terms apply exclusively to business transactions between the Brauerei C. & A. Veltins GmbH & Co. KG (hereinafter referred to as the “Brauerei”) and its business partners (hereinafter referred to as “Business Partners”). Any other terms and conditions are hereby expressly rejected; only individual agreements agreed in writing shall remain unaffected.
These Standard Business Terms apply only to entrepreneurs within the meaning of section 310 (1) German Civil Code (BGB).
Insofar as declarations must be made in writing in accordance with these Standard Business Terms, the text form as specified in section 126b BGB shall also be sufficient.
II. Distribution principles
- The objective of the cooperation between the Brauerei and the Business Partner is to secure and expand the distribution of VELTINS brand products and other products and brands distributed by the Brauerei in accordance with the following principles:
The cooperation between the Brauerei and its Business Partners is based on the common goal of achieving and securing the ideal distribution of products of all types under the Veltins brand, as well as other products and private labels manufactured and/or distributed by the Brauerei, in high-volume and brand-oriented eating establishments as well as in all areas of the trade on a long-term basis for the mutual benefit of both parties.
- 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.
- Offers from the Brauerei are subject to change without notice; timely orders are requested. Statements concerning dates, delivery periods and quantities will be observed as far as possible.
- Deliveries and pick-ups can be made subject to the prior payment of any outstanding obligations, or the return of a corresponding quantity of empties and/or payment of the deposit amount for such empties, or the replacement value of the empties. Empties within the meaning of these Standard Business Terms comprise casks, plastic crates, bottles and pallets. The Brauerei shall not be obliged to deliver in cases of force majeure, production stoppages and industrial action.
- If the Business Partner is in default of acceptance or culpably violates other obligations to cooperate, the Brauerei shall be entitled to demand compensation for any damages incurred, including any additional expenses. The right to assert further claims is reserved. If the conditions for default in acceptance are met, the risk of accidental loss or accidental deterioration shall pass to the Business Partner at the point in time at which the Business Partner is in default of acceptance or payment.
IV Delivery/ Invoicing/ Set-off
- Deliveries/pick-ups are made based on the prices valid on the day of the delivery/pick-up plus deposit and statutory value added tax in the respective amount. Upon notification of the Business Partner, price changes will become effective on the date indicated.
- Invoicing will be performed electronically. The Business Partner expressly consents to electronic invoicing.
- The Brauerei’s invoices are due immediately and payable without deduction by means of the SEPA direct debit procedure. Default in payment or the dishonour of SEPA direct debits or delays in the cheque/bill of exchange procedure shall entitle the Brauerei to charge default interest in the amount 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 section 247 BGB. The Brauerei is entitled to assert higher claims for damages should it be able to prove greater damages. However, the Business Partner is entitled to prove to the Brauerei that the delay in payment did not result in any damages or that damages were considerably lower. The Brauerei is also entitled to demand cash payment from the Business Partner in the event of a default in payment.
- The Business Partner may only offset amounts owed to the Brauerei with claims that are undisputed or have been finally determined by a court.
V. Reservation of title
- Ownership of goods delivered by and/or purchased from the Brauerei passes to the Business Partner only after full payment has been made.
- Goods delivered or purchased under reservation of title may only be resold by the Business Partner in the ordinary course of business. Claims against third parties accruing to the Business Partner from the sale of the goods subject to reservation of title pass to the Brauerei when they arise (so-called extended reservation of title). At the Brauerei’s request, the Business Partner is obliged to notify the third-party debtor of the assignment and to provide the Brauerei all information required to assert the respective rights and to provide relevant 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 is entitled to a release of claims in the amount of the share exceeding the 10% limit.
- The Brauerei will manufacture the products free of defects and, in particular, observe all applicable legal regulations during production.
- In the case of sales ex works, the Brauerei will make the goods available for pick-up. At the request of the party responsible for pick-up (owner of the vehicle), the goods can also be loaded onto the vehicle in accordance with the instructions of their personnel (vehicle driver). Secure loading for transport and operation in accordance with the state of the art for load securing systems shall be performed solely by the person collecting the goods, who shall use appropriately trained personnel for this purpose. The person picking up the goods shall also provide the necessary load securing equipment. The Brauerei does not inspect load securing measures performed by the person picking up the goods or their vicarious agent. The Brauerei is not liable for damage caused by insufficient load securing measures. The Business Partner shall indemnify the Brauerei in full against any claims and fines related to improper loading.
- In order to maintain the high quality of the Brauerei’s products, the Business Partner undertakes to treat the Brauerei’s products in a careful and professional manner during transport and storage. This applies in particular to the protection of full and empty casks from exposure to dust and weather during transport and storage. The same also applies to other products and trade names distributed by the Brauerei.
- The Business Partner is expressly notified of its obligation to inspect the goods and give notice of defects in accordance with section 377 HGB. Notice of defects must be provided in writing. Warranty claims presuppose that the obligation to inspect and give notice of defects has been properly satisfied.
- Claims for damages against the Brauerei - regardless of legal grounds - can only be asserted in cases of intent or gross negligence or in the case of injury to life, limb or health. The foregoing exclusion of liability does not apply in cases in which liability is imposed in accordance with the Product Liability Act or in the event of a quality guarantee, fraudulent intent or in the event of a breach of an obligation, the fulfilment of which is essential for the proper performance of the contract and compliance with which the contractual partner may and does regularly expect (material contractual obligations / cardinal obligations). Liability for a breach of material contractual obligations due to simple negligence is limited to foreseeable damages typical to the contract.
- Empties remain the property of the Brauerei. It is entitled to return shipment carriage paid to the Brauerei. Empties that are missing or damaged within the Business Partner’s scope of responsibility must be replaced by the Business Partner. The Brauerei will maintain an empties account for the Business Partner and calculate the respective deposit value on delivery/pick-up. The empties account balances stated in invoices or separate notices shall be deemed accepted if the Business Partner does not object to such balances within 10 days of notice. The deposit invoice is due at the same time as the goods invoice. The Brauerei retains ownership of the empties even after payment of the deposit amount. In addition, the Business Partner must regularly return empties to the Brauerei within the scope of picking up filled products. In the case of collection by the Brauerei, empties shall be returned at the expense and risk of the Business Partner.
- During peak sales periods, e.g. before public holidays, pick-ups/deliveries can be made dependent on the provision of empties corresponding to the full product quantity. Upon termination of the business relationship, all empties shall be returned as soon as they have been received by the Business Partner from its customers.
- Meschede-Grevenstein is agreed as the place of performance for delivery and payment.
- For all legal disputes arising from and in connection with these Standard Business Terms and contracts referring to them, the parties agree on 59872 Meschede as the exclusive place of jurisdiction, provided that the Business Partner is a merchant within the meaning of the German Commercial Code (HGB).
- In accordance with the Federal Data Protection Act (BDSG), please note that data will be stored as an aid to processing business transactions.
- Should parts of these Standard Business Terms be or become ineffective, all remaining provisions shall retain their full validity and effect. In such cases, the Brauerei will adopt a supplemental provision that takes this circumstance into account.
- All claims arising under and in connection with these Standard Business Terms, and contracts referring to them, shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflicts of law principles under international private law, in particular the ROME I Regulation.
- All agreements concerning the contractual relationship must be in writing in order to be effective. This also applies to the waiver of this written form requirement.
Monday - Thursday: 07:30 - 17:00
Friday: 07:30 - 14:00
Pick-up times for goods:
Any time between Sunday 23:00 and Friday 16:00
(with the exception of public holidays; special regulations apply before public holidays which will be announced separately on a case-by-case basis)
Brauerei C. & A. Veltins GmbH & Co. KG, An der Streue, 59872 Meschede-Grevenstein
(Last revised: September 2018)