General Terms and Conditions of Sale and Delivery

The following conditions apply to all purchase agreements. They also apply to all orders that the customer places with us in the future, regardless of whether we expressly refer to them in individual cases. If, in special cases, one or another condition is waived, or one does not apply, the remaining conditions shall not be invalidated. Purchasing conditions of the customer that conflict with our terms and conditions of delivery and sale are not binding for us, even if they were the basis of the order and we have not expressly contradicted the content.

All offers are subject to change and non-binding. All orders require our written confirmation to be valid. Verbal agreements are invalid. An order “as before” refers only to the taste type and not to the price. Deliveries will be charged at the applicable daily prices. Sales by sample are always type samples. Even in the case of sales on successive acceptance, minor deviations in quality and taste do not give the right to complaints.

Price, freight parity and payment are governed by the conditions specified in the order confirmation. If the agreed payment deadline is exceeded, we will charge default interest at a standard bank interest rate. If bills of exchange are given in payment, discount and exchange charges shall in any case be borne by the buyer. Payments are only to be made to us. Payments to third parties do not release from the obligation to pay.

The seller retains ownership of all goods delivered by him until the buyer has paid all claims arising from the business relationship — in particular also any current account balance —; in the case of payment by check or bill of exchange until they are cashed. Seizures must be reported to the seller immediately. The buyer is entitled to process the goods or sell them in the ordinary course of business. If the buyer processes our reserved goods, the buyer already transfers his ownership or co-ownership rights to the new products to us. The buyer is not entitled to pledge the goods or transfer them as security.

If the customer sells our reserved goods, he hereby assigns to us now the full claim against his customer arising from this sale with all ancillary rights until all our claims have been completely satisfied, regardless of whether he sells the goods unprocessed or processed or together with other services. If the value of the securities given to us exceeds our claims by more than 20%, we are obliged to retransfer them to that extent at the request of the customer. The customer is authorized to collect the purchase price for us. At our request, the customer is obliged to notify his customers of the assignment and to provide us with the information and documents required to assert our rights against the customers.

If loan containers are provided, they must be returned freight paid in perfect condition within 30 days. After this period has expired or after a request for return has been made, the seller is entitled, at his option, to demand return, usual loan fees or payment at the acquisition or daily price.

Unless specific dates or deadlines are firmly agreed, delivery always takes place as quickly as possible. Delivery possibility remains reserved in any case. We reserve the right to make excess or short deliveries of up to 10%. The local determination applies to alcohol content, quantity and weight. Delivery obstacles, which are justified by force majeure, difficulties in the procurement of raw materials, legal and official measures and the like, release the seller from the obligation to deliver or to comply with certain delivery periods. In such cases, claims for damages by the customer are excluded. Increase in spirits tax, sales tax or raw material costs, binding price regulations by competent authorities or instances, entitle the seller to change his final prices accordingly. Both parties are responsible for correcting obvious or verifiable errors.

The place of performance is in any case Fischach/Schw., the place of jurisdiction is Augsburg or Munich at our option.

Extended retention of title in the case of check/bill of exchange procedure:
If the delivered goods are paid for using the check/bill of exchange procedure, the seller retains ownership of all delivered goods until the seller is also released from all contingent liabilities that he has entered into in the interest of the buyer.