General Terms and Conditions
The following terms and conditions shall apply to all business transactions with us, even if they are not made the subject of individual transactions. This shall only not apply if expressly agreed otherwise in writing. Our General Terms and Conditions (GTC) shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of a customer shall only become part of the contract if and to the extent that we have expressly consented to their application. This requirement of consent shall apply in any case, even if we carry out deliveries to a customer without reservation in the knowledge of the customer's conflicting terms and conditions. The General Terms and Conditions shall apply to all goods which the customer obtains within the scope of delivery by us. This also includes types of containers and transport aids used by us.
II. Terms of Delivery, Delivery Obstacles, Force Majeure
Goods are shipped at the risk of the customer; unless the transport is carried out with our own vehicles. The risk shall pass upon completion of the loading process. We reserve the right to make partial deliveries. The delivery obligations of the Brewery are subject to complete and timely self-delivery, unless the incomplete or delayed self-delivery is the responsibility of the Brewery. Delivery hindrances due to force majeure or due to unforeseen events or events for which the brewery is not responsible, such as operational disruptions, labor disputes, strikes, lockouts, official orders, pandemics and epidemics, subsequent loss of export and import possibilities, riots, acts of war or terrorism and blockades of transport routes release the brewery from the obligation to comply with agreed delivery times or delivery scopes for the duration and to the extent of the delivery hindrances. As far as possible, Brewery will inform the Customer of the reason, the expected scope and the expected duration of the impediment to delivery. In such cases Brewery is entitled to adjust the scope of delivery and/or the time of delivery. If the impediment to delivery is due to incomplete or delayed self-supply or if the impediment to delivery or its effects cannot be remedied in the foreseeable future and if Brewery is not responsible for the reason for the impediment to delivery, both parties shall be entitled to extraordinary termination.
The Brewery manufactures its products in compliance with the legal regulations. The customer must store and transport the goods properly after receipt - in particular cool, frost-proof, protected from sunlight and light. The customer undertakes - unless it is a consumer - to serve draught beer in accordance with the requirements of good hygiene practice and in compliance with the hygiene requirements customary in the industry (see the current guidelines of the German Brewers' Association "Good Hygiene Practice and HACCP"). This applies in particular with regard to the appropriate maintenance and proper care of the dispensing equipment.
IV. Terms of payment
Sales shall be made at the daily sales prices fixed by us plus statutory value-added tax, ex ramp. Invoices are due and payable by the customer immediately without deduction upon receipt of the invoice, unless otherwise agreed in writing. Statements of account and other invoices issued shall be deemed to have been approved if the customer does not object within four weeks of the date of the statement of account. We shall point out in writing at the beginning of the period that silence after the expiry of the period shall be deemed to be approval. We are entitled to use payments optionally for the redemption of debts on goods, loans granted, interest in arrears or other claims. The customer waives the right of determination according to § 366 BGB. In case of delayed payment, the Brewery has the right to make further deliveries dependent on the payment of arrears from the same contractual relationship.
V. Retention of title
The delivered goods remain our property until the purchase price and any other due claims have been paid in full. The customer is entitled to resell the goods in the ordinary course of business - as long as we do not object. Claims arising from resale shall be assigned to us as soon as they arise. We hereby accept the assignment. We are entitled to notify third parties, whom the customer is obliged to name, of the assignment and to assert the assigned claim in our own name. If the third party's terms and conditions of purchase contain a restriction on the authority to assign or if the assignment of the claim is made dependent on consent, the third party's consent must be submitted to us in writing prior to delivery. In the event that delivery is nevertheless made, we shall be irrevocably authorized to collect the claim arising from the resale of the reserved goods in the name and for the account of the customer. At the same time, the customer irrevocably issues a payment instruction to the third party in our favor. If the realizable value of a security transferred to us exceeds our claims by more than 20 percent, we shall release the securities exceeding this amount upon request; the selection in the case of several securities shall be incumbent on us. As for the rest, we shall be entitled to waive securities in whole or in part.
VI Warranty and Compensation
Quantitative defects are to be notified in writing immediately upon receipt of the consignment, obvious quality defects within 8 days of receipt and non-apparent defects within the same period from discovery. The warranty is initially limited to a replacement delivery. If the replacement delivery fails, the customer is entitled to a reduction of the purchase price or the cancellation of the contract at his discretion. Further warranty claims are excluded except for the cases mentioned in the following paragraph. Possible claims for defects and/or other counterclaims do not give the customer any right of set-off or retention, unless the claim is undisputed or legally established. We shall be liable for damages, irrespective of the legal grounds, only in the event of intent or gross negligence, furthermore in the event of culpable breach of a material contractual obligation. The amount of liability is - except in the case of intent - limited to the extent of the foreseeable, typically occurring damage. The statutory liability for personal injury as well as the customer's claims under the Product Liability Act shall remain unaffected. For goods that are delivered at the request of the customer at the risk of frost, a shelf life guarantee is not assumed. If the products are not stored or transported by the customer or third parties after delivery in a frost-proof, cool, sun-protected and light-protected manner or if the hygiene requirements customary in the industry for serving draught beer are not complied with (see Clause III), the brewery shall not be liable for the resulting defects. The customer is responsible for providing evidence and proof of compliance with the above requirements.
All returnable empties (barrels, crates, bottles, etc.) remain our property despite the deposit payment. It must be returned promptly after emptying; no other use is permitted. The claim for return of the empties and refund of the deposit cannot be assigned after the containers have been emptied. The customer bears the risk of loss or damage until the return, including in cases of force majeure. We are only obliged to take back crates with the respective types of bottles provided for this purpose and delivered by us (so-called sorted returnable empties). The customer shall, at our discretion, replace lost empties with empties of equal value or pay the respective replacement price less a flat rate of 20% as compensation "new for old".
VIII. Advertising items
Mugs and glasses with our logo may not be used for serving other beers and non-alcoholic beverages.
The customer may not offset his own claims unless these are undisputed, acknowledged by us or have been legally established. In the event of defects in the delivery, the customer's counter rights shall remain unaffected.
X. Data protection
We comply with the statutory provisions on data protection when handling personal data. We process personal data of the customer to the extent that this is necessary for the establishment, implementation or termination of a contractual or quasi-contractual relationship including pre-contractual measures or is in our legitimate interest. Further data protection information, in particular on the rights of data subjects, the complaints office and the data protection officer, can be found in accordance with Art. 13, 14 DS-GVO at www.mönchshof.de/en/privacy-policy. This notice is deemed to be a notification pursuant to Section 33 (1) BDSG.
XI. Consumer arbitration
(Information according to Art. 14 para. 2 ODR-VO and § 36 VSBG) We always try to solve possible disputes arising from a contract amicably with our customers. For this reason, we have always maintained close customer contact. The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. The universal arbitration board of the Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl (www.verbraucher-schlichter.de) would be responsible.
XII Place of performance and jurisdiction
The place of performance for all mutual obligations arising from this contract is the registered office of the company. This does not apply if the contractual partner is a consumer. The courts at our registered office shall have exclusive jurisdiction to settle any disputes, including those arising from bills of exchange, checks or other securities - this provision shall only apply to the persons named in Section 38 I of the German Code of Civil Procedure (ZPO). In addition, the courts at our registered office shall also have jurisdiction if the customer moves his place of residence or habitual abode abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought. We are also entitled to file suit at other places of jurisdiction