I. GENERAL
1. All offers are non-binding.
2. Orders to Tradition Mexico GmbH OG, hereafter referred to as Contractor, supplier or beverage supplier, are only fulfilled on the basis of the following conditions; own terms and conditions or contractual terms of the Customer (AG) do not apply. Verbal agreements or promises do not apply, only written form for valid and binding declarations are agreed on.
3. Without exception, alcoholic beverages are sold only to persons who are of legal drinking age in their respective country. By submitting the present order, in whatever form, you confirm that you have already exceeded that drinking age.
II. PLACE OF FULFILLMENT AND JURISDICTION
1. Place of fulfillment is Innsbruck. As the exclusive place of jurisdiction, the relevant court in Innsbruck is agreed.
III. SHIPPING AND INSURANCE
1. All shipments are travel insured and are shipped with special packaging.
IV. DELIVERY
1. Force majeure (war, operational or traffic disruptions, lack of workers or raw materials, strike, lockouts by us or by suppliers) releases the delivery obligation for the duration and extent of the disruption; there is no right to subsequent delivery of the quantities thus allocated.
2. In the event of non-acceptance of ordered goods, we are entitled to demand 10% of the order value for accrued expenses or paid commissions in addition to further claims for damages.
3. Delivery obligations and delivery periods rest as long as the buyer is in arrears with payment of even one invoice.
4. If the seller has doubts about the purchaser’s ability to pay, he may make the further fulfillment of collateral appearing appropriate to him, in particular dependent on advance payments.
5. Deliveries are made ex warehouse. Additional costs for express and express consignments are borne by the recipient. Increases in freight rates after conclusion of a contract shall be borne by the buyer. The delivery is made at the discretion of the seller from a point of sale or from a supplier or the producer.
V. CASE AND STONE CLAUSE
1. The buyer shall bear the general price increases occurring between conclusion and delivery up to 5% of the seller, unless expressly agreed price fixing.
VI. WARRANTY AND DAMAGES
1. In case of other loss of any warranty, the buyer is obliged to inspect all goods for defects immediately after delivery. Any non-hidden defects shall be notified to us by the Buyer in the event of other warranty claims and damages at the latest within ten days after delivery by registered letter. Hidden defects are to be announced by the buyer in the case of other exclusion of any warranty and damage claim at the latest within three days after their discovery to the seller in case of other disclaimer of warranty by registered letter. The warranty of the seller also ends for hidden defects six months from delivery of the goods.
2. Warranty and damages are excluded in the following cases: a) if the goods are mixed with products of other manufacturers or if in previous or additional operations products from other manufacturers are used together with the delivered goods, b) if the goods are not for the purposes indicated to us or at least used in an unusual way; c) if the storage of the drinks does not comply with the storage guidelines for the product.
3. The buyer is obliged to send a sample of the goods complained about at his own expense and risk at the same time as the notice of defects and to grant a period of at least 14 days to verify the alleged defect, otherwise he loses his warranty claim.
4. If there is a warranty claim, we are obliged to exchange the defective goods for a defect-free product within a reasonable period, to compensate for the missing items or to grant the buyer a corresponding price reduction. The choice is ours. For the purpose of fulfilling the warranty obligation the buyer has to send all defective goods within 14 days to us.
VII. DAMAGES, NOTICES, RISK WARNING
1. Indemnification obligations of the seller for consequential damages or for indirect damages shall be excluded by mutual agreement. In addition, we are only liable for damages if intent or gross negligence.
2. Furthermore, any liability under the Product Liability Act for damages to property of the buyer, if this is an entrepreneur, is excluded by mutual agreement. In the case of continuation or other transfer of the goods, regardless of whether they have been processed or processed prior to further processing, the purchaser is obliged to agree with his own customer, if he is an entrepreneur, a uniform exemption clause in accordance with § 9 Product Liability Act and also this to undertake to stipulate an identical contractual condition with his possible customer, otherwise any liability or recourse to us shall be excluded in case of a claim according to the rules of the Product Liability Act.
3. The special risk of improper storage or use of carbonated products, such as sparkling wine, mineral water, champagne, mousierende wines, as well as not cooled open fermented fruit or vegetable juices, etc. is expressly noted. There is danger to life and limb if carbonated products are partially defrosted, frozen and thawed, shaken too much, or exposed to excessive heat such as in the car in sunlight, etc. The resulting pressures in a bottle exceed the usual prevailing pressure up to ten times the normal internal pressure !!! For this reason, the supplier assumes no liability for frozen, overheated, or otherwise improperly stored, as well as excessively shaken containers with carbonated beverages, or those in which such prints may be produced by fermentation. The client and the purchaser undertakes to transfer this risk and warning notice to other customers or end users, and in this regard to keep the beverage supplier completely harmless and harmless.
VIII. PAYMENT
1. Payments are due the moment you confirm your order and we are only fulfilling orders with a positive payment confirmation from Stripe or PayPal.
IX. OWNERSHIP
1. All delivered goods remain our property until complete fulfillment of all liabilities of the purchaser, regardless of their nature. When the goods are handed over, this reservation must be disclosed to the purchaser, and the seller must be notified, as well as transfer the duties to the purchaser. Bills of exchange and checks are only valid after redemption by the buyer, as payment. Payments received by us are always credited to the oldest outstanding claim. Payment assignments by the buyer are ineffective.
2. By accepting our products, the buyer assigns to us all receivables arising from the further seduction of the goods belonging to us against his customers until full payment of all our claims.
3. The buyer is entitled to dispose of our reserved property and the claims assigned to us in the ordinary course of his business as long as he fulfills his obligations to us in due time; extraordinary dispositions, such as, in particular, hedging or assignments or pledges are not permitted.
4. The buyer must notify us immediately if third parties wish to substantiate or assert rights to the reserved goods or our claims.
5. If the value of the securities given to us exceeds our claims, then we are obliged to release them at the request of the buyer.
X. PACKAGING
1. Unless agreed otherwise, we deliver in disposable packaging; which can not be withdrawn.
2. The customer or contractor is obliged to dispose of the empty container properly, and according to the relevant waste disposal regulations to dispose of at its own expense, but in any case in this regard to keep the supplier completely harmless and without complaint.
XI. ADDITIONAL AGREEMENTS
1. The above conditions are not abolished by any custom or tacit consent.
2. The invalidity of individual provisions above does not affect the effectiveness of the other. All declarations may be sent to the address of the buyer which was last announced to the seller.
As of July 2018