Terms of Service
General Terms and Conditions of Privatbrauerei Gaffel Becker & Co. OHG
1. scope of application
The following terms and conditions shall apply exclusively to all present and future business relations between Privatbrauerei Gaffel Becker & Co. – hereinafter referred to as “Brewery” – and its business partners – hereinafter referred to as “Customer” – unless otherwise agreed in writing. Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract, even if the Brewery is aware of them. Customers in the sense of these conditions are entrepreneurs in the sense of § 14 BGB (German Civil Code).
The scope and content of the delivery owed as well as the delivery periods result from the agreements with the customer summarized in the order confirmation of the brewery. If no order confirmation is issued in an individual case, the brewery shall deliver according to its routing. Partial deliveries are permissible unless they are unreasonable for the customer. Each partial delivery shall be considered an independent delivery with regard to payment, acceptance, default of acceptance and the assertion of a warranty. The person to be entrusted with the delivery shall be determined by the brewery. If the customer collects the goods himself or by means of a third party, he shall be responsible for loading the goods safely for transport, taking into account the respectively valid and recognized rules for securing loads.
The Brewery shall manufacture and deliver its products in perfect quality in compliance with the statutory regulations. The products of the Brewery shall be stored and/or transported by the Customer in a frost-proof, cool, sun-protected and light-protected manner.
The customer is obliged to inspect the deliveries without delay and, if a defect is found during the inspection, to notify the brewery of any defects without delay. A complaint period of five working days is considered to be in time. The above provision shall also apply to excess and insufficient deliveries and to any incorrect deliveries. If the customer does not comply with the above obligations, the brewery’s liability for these defects is excluded. In the event of a defect, the brewery is entitled to deliver goods free of defects within a reasonable period of time. If the products are not stored or transported by the customer or by third parties after delivery – as intended – in a frost-proof, cool, sun-protected and light-protected manner, the brewery shall not be liable for the resulting defects.
In the event of intentional or grossly negligent damage, the brewery shall be liable in accordance with the statutory provisions. The same applies in the case of any culpable injury to life, body or health or in the case of liability under the Product Liability Act. The brewery is also liable if an essential contractual obligation is culpably violated. An essential contractual obligation is an obligation on the fulfillment of which the customer regularly relies and may rely for the proper execution of the contract. In this case, the liability is limited to the typically arising, foreseeable damage. Claims for damages by the customer due to a defect shall become statute-barred after one year from delivery of the goods. This does not apply if the brewery can be accused of intent or gross negligence and in the case of injury to life, body or health caused by a culpably caused defect. Any further liability is excluded. Insofar as the liability of the Brewery is excluded or limited, this shall also apply in favor of the personal liability of its organs, employees and vicarious agents.
Delivery shall be made at the agreed delivery prices plus statutory value added tax. The applicable deposit amounts for empties plus statutory value added tax shall be added to this. The deposit amounts serve only as security. They shall in no case be considered as the basis of assessment for deductions and remunerations of any kind. Price changes become effective upon notification to the customer. Insofar as binding contracts were concluded between the Customer and the Brewery at the prices applicable prior to the price change, these shall be fulfilled at the agreed prices.
6.2 Due date
Receivables from deliveries are due immediately and without deduction after receipt of the invoice.
6.3 Settlement confirmation
The Customer must check balance confirmations and other settlements for correctness and completeness and raise any objections in writing with the Brewery within four weeks of receipt of the balance confirmation or settlement. Otherwise, these shall be deemed to have been approved if Brewery has informed the Customer of this legal consequence upon receipt of the balance confirmation or statement.
In the event of default in payment Brewery shall be entitled to claim damages for default in the amount of 8 % above the fixed