1. Scope of Application:
Trumer Privatbrauerei, under the sole proprietorship of Josef Sigl, Brauhausgasse 2, 5162 Obertrum, and henceforth referred to as “the Brewery”, provides its goods and services exclusively on the basis of the present General Terms and Conditions of Business and Delivery.
Conflicting and/or complementary General Terms and Conditions of the Brewery’s customers shall not apply to the Brewery. This holds even if the Brewery does not explicitly reject such conditions.
The present Terms and Conditions of Business and Delivery apply for all transactions with customers, including future transactions, even if no explicit reference is made to them. Ancillary agreements, modifications, additions and any assurances given shall only take effect after written confirmation by an authorised representative of the Brewery.
2. Price and Delivery Conditions:
All offers, agreements, declarations and/or other discussions shall remain non-binding until they are expressly confirmed in writing by the Brewery.
Order confirmations from the Brewery must be reviewed immediately upon receipt, and are considered to have been accepted in their entirety unless an objection is submitted by registered letter within 3 working days.
The Customer shall receive a delivery note upon delivery, or a delivery note and invoice in case of payment upon delivery; these shall simultaneously serve as the Brewery’s order confirmation to the Customer. The Customer must confirm delivery of the goods by signing the delivery document. Obvious defects/damage or missing goods that are recognised upon receipt of the goods must be noted on the delivery document, with a mention of the type and extent of the defects/damage or missing goods, if possible. Any person who takes delivery of the goods shall be considered as an authorised representative of the Customer with regard to the above. If,
contrary to their obligation, the Customer does not confirm the receipt of the goods in this way, the delivery shall be considered to have been properly and completely carried out as indicated on the delivery document and/or the shipping note from the Brewery’s representative.
Delivery dates/deadlines are strictly non-binding and are always to be understood as an estimated time of delivery. Delivery dates/deadlines are postponed or extended as necessary when events occur that are outside of the Brewery’s control, regardless of whether they arise with the Brewery itself, one of its authorised beverage retailers, and/or other contractual partners. This applies particularly in cases of force majeure, strikes and other labour conflicts, mechanical breakdowns or other operational disruptions, natural events or other circumstances that would require unreasonable effort or expense to resolve.
Beer and alcohol-free juices and beverages (henceforth “AFB”) to be delivered to the Customer shall be subject to the applicable sales prices set by the Brewery or its authorised beverage retailer for the location of the Customer’s point of sale or drinking establishment at which the beer and AFB are to be received by the Customer. All prices are subject to change and are valid until further notice, and do not include any taxes or applicable container deposits. Discounts indicated as a percentage refer to list prices, exclusive of all taxes and container deposits.
3. Payment conditions:
Unless otherwise indicated on the order confirmation or the delivery note/invoice, payments must be paid net cash upon receipt of the invoice and with no deductions of any kind, in cash or by direct debit.
In the event that the Customer is in default of payment, the Brewery shall be entitled to demand default interest in the amount specified by law, in addition to compensation for the damages actually incurred. In the event of default of payment, the Customer further undertakes to compensate the Brewery for any reminder fees and collection charges it may incur, insofar as they are necessary for appropriate prosecution. The assertion of other rights and claims shall remain unaffected by this.
The Brewery is entitled to credit all incoming payments first to recovery costs and interest, then to commercial debts, and finally to other receivables from the customer. If multiple claims are outstanding, the payment will be credited to the oldest debt first. Conflicting payment directions from the customer shall be inoperative.
If the Customer is in default of payment despite a warning with a 14-day extension, the Brewery shall be released from any further obligations to deliver goods and services, and shall be entitled to withhold any pending deliveries of goods and services and to demand payment in advance and/or payment guarantees. This shall not affect the Brewery’s right to terminate the contract prematurely if necessary.
If the Customer consists of a group of persons, those persons shall be jointly and severally liable for obligations arising from concluded transactions.
Offsetting of counterclaims by the Customer which are disputed by the Brewery and not established as legally valid is excluded. Also excluded is the exercise of any right of retention without a legally enforceable title or based on claims from other legal transactions.
In case of an agreement to payment by instalments, the payment deadline shall be considered to have been missed after the first missed instalment, with no requirement of a repeat warning. Once a payment deadline has been missed, payment shall be due immediately on the entire remaining outstanding amount.
4. Retention of ownership:
The Brewery retains ownership of all goods delivered until full payment of the invoice amount.
The Customer is entitled to continue selling consumable products subject to retention of ownership in the ordinary course of business, provided that the fulfilment of its obligations to the Brewery is ensured, but may not pledge or collateralise them. The Customer immediately transfers to the Brewery its claims arising from resale of goods to other buyers, until such time as the Brewery has received full payment for these goods. The Customer undertakes to add a corresponding annotation in its books or on its invoices. The Brewery accepts this transfer. After the transfer, the Customer is authorised to collect on the claim. The Brewery reserves the right to collect on the claim itself if the Customer does not properly meet its payment obligations and defaults on its payments. In case of resale, the Customer must inform its buyers of the existing retention of ownership and all other security rights agreed to here.
The Customer must inform the Brewery immediately if third parties raise claims to the goods delivered under retention of ownership or establish rights to them. Any legal costs shall be borne by the Customer.
The Customer is forbidden to exercise any legal control over delivered inventory and objects or other goods which are not consumable products, especially technical items and devices, etc., whether provided on loan or otherwise, until the purchase price has been completely paid, including any subsidiary claims.
After delivery, the Customer assumes the risk of damage, loss or destruction, including by accident or force majeure. Accordingly, the Customer undertakes to handle all inventory and objects or other goods carefully, to store them appropriately, and to keep them in good and useable condition.
In addition, the Customer assumes sole responsibility for the payment of all operating costs and of any repair or maintenance costs that may arise, and undertakes to replace any missing or unusable pieces with new ones of equal value.
To this end, the Customer must also sufficiently insure the inventory and objects or other goods, etc., delivered by the Brewery against fire, water, breakage, theft and other damage for the duration of the retention of ownership.
5. Reusable containers::
All reusable containers, including beer barrels, bottles and cases, remain the sole property of the Brewery, regardless of whether the Customer was required to pay a deposit for them. The Customer is obligated to return the received containers in an appropriate state as quickly as possible; otherwise, the Customer must pay compensation for containers not returned.
Beer barrels are loaned to the Customer solely for transportation and storage purposes. Any other use of the beer barrels, especially transfer to third parties, is forbidden. The Customer undertakes to refrain from using the reusable containers for any unintended purpose, and to prevent their use by third parties for unintended purposes. If necessary, the Brewery is entitled to refuse to accept the return of the reusable containers, and to demand compensation for damages instead.
In the absence of a mutual written agreement, the Customer must pay the appropriate deposit for the provision of reusable containers, in accordance with the current price list, in order to secure the claim for their return. Under no circumstances is the Customer entitled to withhold reusable containers or to offset them against outstanding receivables.
Unless otherwise agreed, a deposit of at least € 30.00 (net) per barrel shall be imposed for beer barrels.
6. Compensation and warranty:
All services are provided subject to the condition and mutual expectation that the total purchase quantity agreed upon (hl of beer and hl of AFB) will be delivered in the agreed-upon purchase period and that the annual minimum purchase quantity agreed upon (hl of beer and hl of AFB) will be delivered.
Therefore, unless otherwise agreed, if the quantity purchased falls short of the agreed-upon annual minimum purchase quantity by more than 25% on average for 12 consecutive months, the Brewery shall be entitled to demand the return of that percentage of the total goods and services provided for which it has incurred advance costs (e.g. marketing fees, assumption of interest, loyalty bonuses, advance bonus payments, etc.), plus default interest as specified by law from the time of provision, which corresponds to the ratio of the shortfall to the underlying minimum purchase quantity. The same is true if the actual quantity purchased in subsequent years again falls short of the reduced minimum purchase quantity by 25% or more. The resulting amount must be reimbursed to the Brewery within 14 days following its request. This shall not affect the agreed-upon purchase obligations, nor the Brewery’s right to terminate the contract prematurely if necessary.
In the event that the Customer otherwise loses its warranty claims and other claims, the Customer must immediately evaluate each good or service provided by the Brewery, and must provide a detailed written statement or complaint by registered letter within 3 calendar days after
delivery about any defects, especially with regard to quantity, quality or type, or with regard to packaging. Hidden defects must be reported by registered letter in a detailed written statement or complaint within a period of 3 days after discovery. The Customer must immediately mention or raise a complaint about any obvious defects or shortfalls on the delivery document; otherwise, the goods shall be considered to have been accepted.
If a defect notice is not provided, or not provided in a timely manner, the goods shall be considered to have been accepted in any case. In this case, the assertion of warranty claims or claims to compensation due to defects is excluded.
The warranty period is 3 months.
The burden of proof lies solely with the customer for all claim eligibility criteria, in particular for the defect itself, for the time when the defect was detected, and for the timeliness of the defect notice. As a requirement for warranty and liability claims, the goods must be appropriately handled, used, stored and (if necessary) maintained.
In case of a justified defect notice, the Brewery shall be entitled to make improvements or provide replacements at its discretion. Any additional claims, particularly for price reductions or contract annulation, are excluded – unless, for whatever reason, the defect cannot be resolved. In this case, the Customer can demand a price reduction instead of improvement or replacement.
Liability for slight negligence, compensation for consequential damages, unrealised savings, loss of interest, and damages from third party claims against the customer are excluded. This does not apply to any personal injury attributable to the Brewery. The amount of liability is always limited by the net order amount. For property damage suffered by the Customer as a business owner, liability for product defects is excluded. Any compensation claims shall expire 12 months after learning of the damage and the liable party.
7. Contract term and early termination:
Unless otherwise agreed, the Brewery shall be obligated to provide service only after both parties have signed the contract and, in case of an agreed-upon payment guarantee (bank guarantee, surety, etc.), only after completion of that guarantee.
The total term or duration of the contract is based on individual agreements, but is no longer than 10 years in case of a potential exclusivity agreement for beer, and no longer than 10 years for an exclusivity agreement for beer and AFB.
In case of delivery by a specialist wholesaler, the Customer agrees that the supplier will provide the Brewery with a written monthly breakdown by quantity of the beverages covered by this contract, or with the corresponding data, for the duration of this contract. The Customer agrees to instruct the supplier to take such action and to authorise it to do so in accordance with the amended Data Protection Act of 2000.
In the event that the contract is terminated before the end of the agreed-upon purchase period, the Brewery is entitled to demand repayment of the pro-rated portions of all financial services plus default interest as specified by law from the date when the services were provided by the Brewery. The pro-rated portions are calculated from the ratio of the unpurchased quantity to the underlying total purchase quantity in hl. If a total contract duration was agreed upon, rather than a total amount, the pro-rated portions shall be calculated in proportion to the purchase times in months that are missing from the total agreed-upon duration.
According to these principles, in case of premature termination of the contract, either all inventory and objects delivered shall be returned within 14 days of termination, or the Customer shall pay the pro-rated purchase prices plus default interest as specified by law (as from the date of delivery) within the same period. If neither a total purchase amount nor a total contract duration were agreed upon in the contract, a reduction in value of 10% per year is assumed. Upon complete payment, the objects shall pass into the Customer’s possession. Notwithstanding this, all inventory and objects provided on loan must be returned to the Brewery.
8. Place of performance / Jurisdiction / Law:
The place of performance is 5162 Obertrum am See.
For any disputes which arise from the business relationship with the Brewery, the parties agree that the competent court of the state capital of Salzburg shall have local jurisdiction.
Austrian law shall apply. Applications of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
All agreements must be in written form in order to be legally effective; this also applies to ancillary agreements, assurances, and any other modifications.
If an individual provision of the agreement or component(s) thereof is invalid, the validity of the remaining provisions shall not be affected. The contractual partners are obliged to make all reasonable good-faith efforts to replace the invalid provision with a valid one which, to the greatest extent possible, achieves the same commercial success.