1. Quotes
All offers are subject to confirmation.
The final offer supersedes all previous offers. All deliveries are strictly subject to Starzinger GmbH & Co KG delivery and payment conditions. All deliveries shall be carried out in the delivery timeframe stated in the current price list.
Any deviating agreements shall only be deemed binding if Starzinger GmbH & Co KG confirms the said agreement in writing.
2. Delivery
Unless otherwise agreed, delivery shall be carried out with our trucks, free of charge. Freight costs for delivery by freight carriers shall be borne by the buyer, as long as no other agreement to the contrary exists in writing.
3. Empties
Containers remain the property of their respective producers and shall be returned immediately to Starzinger GmbH & Co KG in good condition - defective empty containers shall be subject to a penalty equivalent to the cost price of the affected items. The deposit for containers will be refunded upon return of the empties, provided the said empties are in good condition. The value of the refund for each empty container is stated in our price list.
Barrels shall be loaned for the transport or fulfilment of a contract. They shall be emptied on arrival and returned to our driver or the contracted freight driver, in exchange for a confirmation receipt. Other uses of the barrels will be subject to a user fee calculated at the usual rates – as stated on the price list. Buyers shall accept full liability for damage to any barrels in their charge. Empty bottles shall be returned in the same sort of crate in which they were delivered.
4. Retention of title
Goods delivered shall remain the property of Starzinger GmbH & Co KG until payment is complete. Conveyance, transfer by means of security or pledges are therefore forbidden until full payment has been received. The buyer is obliged to inform us immediately of any access a third party may have to goods still owned by Starzinger GmbH & Co KG, particularly in the case of a pledge.
The buyer’s authorisation to sell products still in our ownership ends with the said buyer’s bankruptcy, the opening of insolvency proceedings over the assets of the buyer, or the rejection of bankruptcy application due to lack of assets to cover cost, on the part of the buyer.
In the case where payment is still outstanding for our products, the buyer is obliged to inform us of all claims arising from the sale of our products while respecting the ownership of the seller. Any acquirer of the buyers is obliged to contact us immediately, at the latest at the conclusion of the contract. The buyer is furthermore obliged to notify us of any third party affected.
5. Arrears
Insolvency proceedings over the assets of the buyer or notification of any circumstances which may jeopardise the collection of monies outstanding, or aggravate or place in doubt the buyer’s ability to pay, or the receipt of an unfavorable opinion regarding the assets and/or income of the buyer, shall grant Starzinger GmbH & Co KG the right to demand appropriate collateral, without prejudice to other rights. In such an event Starzinger GmbH & Co KG also maintains the right to withdraw from contract, with immediate effect.
The buyer shall inform Starzinger GmbH & Co KG of anything that may affect item them may be considered collateral, unless these are already keep by us.
6. Liability for defects
The buyer is obliged to inspect incoming merchandise with due care and thoroughness to establish if the quantity, quality and type of product, as well as the packaging comply with the order. An objection to the goods must be made within 2 working days.
Damage or loss during the delivery, including anything that may affect barrels or containers must be verified by the driver to get. Late damage reports shall has no legal consequence, in particular no claim for guarantee and compensation.
7. Payment
Unless otherwise agreed in writing, payments shall take place with exchange of goods, with no form of discount. The customer is not entitled to hold back or offset any payment due to warranty or counter claims, unless Starzinger GmbH & Co KG has expressly approved in writing or such has been authorised through the courts.
When paying by bank transfer or the post office the customer number and invoice number found on the payment slip must be used as a reference in order to ensure payment is credited to the correct buyer. Monthly interest of 1.3 % shall be charged for payment outstanding after the agreed date for receipt. The buyer will also be liable for any debt recovery expenses incurred. In the event of default the buyer/contractor shall bear the operation costs of the credit protection association from 1870 in accordance with the regulations of the Federal Ministry for Economic Affairs, on collection institutions, BGBI. No 141/1996.
8. Place of fulfilment
The place of fulfilment and court of jurisdiction for all contractual business, directly or indirectly, resulting in disputes is Frankenmarkt, where all contracting parties, irrespective of the size of their claim or other factors, shall address. The seller also maintains the right to address the relevant court in the buyer's jurisdiction.
9. Advertising
Glass and tapping systems, which the seller endorses with the words "free", "free with refund" or a loan slip are made available to clients. However they are the inalienable property of Starzinger GmbH & Co KG, and, on request, or termination of the contract shall be returned within seven working days to Starzinger GmbH & Co KG. Failing this the client will pay the cost price.
1. Quotes
All offers are subject to confirmation. The final offer supersedes all previous offers. All deliveries are strictly subject to Starzinger GmbH & Co KG delivery and payment conditions. All deliveries shall be carried out in the delivery timeframe stated in the current price list.
Any deviating agreements shall only be deemed binding if Starzinger GmbH & Co KG confirms the said agreement in writing.
2. Delivery
Unless otherwise agreed, delivery shall be carried out with our trucks, free of charge. Freight costs for delivery by freight carriers shall be borne by the buyer, as long as no other agreement to the contrary exists in writing.
3. Empties
Containers remain the property of their respective producers and shall be returned immediately to Starzinger GmbH & Co KG in good condition - defective empty containers shall be subject to a penalty equivalent to the cost price of the affected items. The deposit for containers will be refunded upon return of the empties, provided the said empties are in good condition. The value of the refund for each empty container is stated in our price list.
Barrels shall be loaned for the transport or fulfilment of a contract. They shall be emptied on arrival and returned to our driver or the contracted freight driver, in exchange for a confirmation receipt. Other uses of the barrels will be subject to a user fee calculated at the usual rates – as stated on the price list. Buyers shall accept full liability for damage to any barrels in their charge. Empty bottles shall be returned in the same sort of crate in which they were delivered.
4. Retention of title
Goods delivered shall remain the property of Starzinger GmbH & Co KG until payment is complete. Conveyance, transfer by means of security or pledges are therefore forbidden until full payment has been received. The buyer is obliged to inform us immediately of any access a third party may have to goods still owned by Starzinger GmbH & Co KG, particularly in the case of a pledge.
The buyer’s authorisation to sell products still in our ownership ends with the said buyer’s bankruptcy, the opening of insolvency proceedings over the assets of the buyer, or the rejection of bankruptcy application due to lack of assets to cover cost, on the part of the buyer.
In the case where payment is still outstanding for our products, the buyer is obliged to inform us of all claims arising from the sale of our products while respecting the ownership of the seller. Any acquirer of the buyers is obliged to contact us immediately, at the latest at the conclusion of the contract. The buyer is furthermore obliged to notify us of any third party affected.
5. Arrears
Insolvency proceedings over the assets of the buyer or notification of any circumstances which may jeopardise the collection of monies outstanding, or aggravate or place in doubt the buyer’s ability to pay, or the receipt of an unfavorable opinion regarding the assets and/or income of the buyer, shall grant Starzinger GmbH & Co KG the right to demand appropriate collateral, without prejudice to other rights. In such an event Starzinger GmbH & Co KG also maintains the right to withdraw from contract, with immediate effect.
The buyer shall inform Starzinger GmbH & Co KG of anything that may affect item them may be considered collateral, unless these are already keep by us.
6. Liability for defects
The buyer is obliged to inspect incoming merchandise with due care and thoroughness to establish if the quantity, quality and type of product, as well as the packaging comply with the order. An objection to the goods must be made within 2 working days.
Damage or loss during the delivery, including anything that may affect barrels or containers must be verified by the driver to get. Late damage reports shall has no legal consequence, in particular no claim for guarantee and compensation.
7. Payment
Unless otherwise agreed in writing, payments shall take place with exchange of goods, with no form of discount. The customer is not entitled to hold back or offset any payment due to warranty or counter claims, unless Starzinger GmbH & Co KG has expressly approved in writing or such has been authorised through the courts.
When paying by bank transfer or the post office the customer number and invoice number found on the payment slip must be used as a reference in order to ensure payment is credited to the correct buyer. Monthly interest of 1.3 % shall be charged for payment outstanding after the agreed date for receipt. The buyer will also be liable for any debt recovery expenses incurred. In the event of default the buyer/contractor shall bear the operation costs of the credit protection association from 1870 in accordance with the regulations of the Federal Ministry for Economic Affairs, on collection institutions, BGBI. No 141/1996.
8. Place of fulfilment
The place of fulfilment and court of jurisdiction for all contractual business, directly or indirectly, resulting in disputes is Frankenmarkt, where all contracting parties, irrespective of the size of their claim or other factors, shall address. The seller also maintains the right to address the relevant court in the buyer's jurisdiction.
9. Advertising
Glass and tapping systems, which the seller endorses with the words "free", "free with refund" or a loan slip are made available to clients. However they are the inalienable property of Starzinger GmbH & Co KG, and, on request, or termination of the contract shall be returned within seven working days to Starzinger GmbH & Co KG. Failing this the client will pay the cost price.
