Karl-Josef Kost
Alkohole & Produkte aus Alkohol KG

Rauentalshöhe 4   *   D - 56073 Koblenz

General Terms and Conditions
( Terms & Conditions of Sale and Supply )



1. Subject Matter of the Contract

Supplies and services shall only be executed in accordance with these Terms and Conditions.
The application of Terms and Conditions of Purchase of the customer is excluded.
All contracts, amendments, and ancillary agreements are subject to a written confirmation from Karl-Josef Kost.

2. Prices

The agreed prices shall apply, otherwise, the prices stated in the price list valid at the point of receipt of order.
Prices are quoted excluding statutory value added tax.

3. Payment Terms

Our invoices are payable immediately strictly net unless otherwise agreed.
In the event of payment default, Karl-Josef Kost shall be entitled to invoice interest of 5% above the applicable discount rate of the Bundesbank (German Central Bank), however, a minimum of 7% p.a. plus statutory value-added tax. In addition, collection costs shall be levied on the invoice at EUR 5.50 for each written dunning notice issued plus statutory value-added tax.
Karl-Josef Kost may at any time demand immediate payment or withdraw from the contract if the payment due to Karl-Josef Kost appears to be otherwise under threat.
The customer is not entitled to offset claims against Karl-Josef Kost.
Any other payment terms besides those of Karl-Josef Kost shall not be recognised.

4. Delivery / Shipment

Delivery shall be deemed as executed and risk as having passed on receipt of the object of supply at the customer's point of goods acceptance.
Should the buyer collect the goods personally from Karl-Josef Kost, or have a third party effect collection, the buyer shall assume the risk of transport.
Risk shall pass to the buyer as soon as the product is handed to the buyer or the person assigned to execute the collection on behalf of the buyer.
Once the goods have been collected by the buyer or a person assigned by the buyer, the buyer shall act as the sender as defined in the Directive on the Transport of Dangerous Goods by Road (ADR).
Therefore, the buyer must observe the regulations of the ADR.
If the shipment is effected by a third party (e.g. transport or shipping companies), delivery shall be deemed as executed three days after the goods are handed to the shipper by Karl-Josef Kost.
Deliveries shall, in principle, be made as freight collect unless agreed to otherwise.
The written confirmation of delivery schedules is not a fixed schedule.
A written warning shall be required to establish default.
Partial deliveries are permitted.
The quantity ordered may be exceeded or fall short by up to 5%.

5. Means of Transport

Should the customer make available means of transport or packaging materials, these must bear a clear identification of ownership and information regarding capacity in bulk litres.
Karl-Josef Kost is not obligated to inspect for cleanliness the means of transport and packaging materials provided by the customer.
Karl-Josef Kost reserves the right to return the means of transport and packaging materials if they cannot be filled or do not comply with the statutory requirements and provisions.
Should Karl-Josef Kost make available means of transport on a rental basis, the customer shall ensure the proper handling thereof according to the intended purpose.
The means of transport and packaging made available shall serve only to transport the products of Karl-Josef Kost to the place of delivery.
Any damages which may be sustained to the means of transport by inappropriate use and/or use not in line with the intended purpose shall be invoiced to the buyer.
Unless agreed to otherwise, the means of transport and packaging materials made available by Karl-Josef Kost shall be returned to Karl-Josef Kost, carriage paid, within one month after delivery in a fault-free condition and by observing the applicable statutory provisions.
If this deadline is exceeded, the buyer shall be invoiced a sum of EUR 1.50 plus VAT per day and receptacle.
In the return or return shipment of empty uncleaned packaging materials by the customer or a person assigned by same, the buyer shall be deemed to be the sender as defined in the Directive on the Transport of Dangerous Goods by Road (ADR).
Therefore the customer must observe the ADR regulations.

6. Reservation of Title

The delivered goods shall remain the property of Karl-Josef Kost until payment has been received in full.
For as long as the reservation of title is in force, the customer shall not be entitled to sell, transfer as security and pledge the goods subject to the reservation of title.
In the context of the reservation of title, should the delivered products be processed, the buyer shall assign to Karl-Josef Kost its ownership rights or co-ownership rights in the manufactured products.
Should the manufactured products be sold, the buyer shall assign the resulting receivables due to Karl-Josef Kost to the proportionate amount of the purchase price of the product.

7. Warranty / Notification of Defects

Notifications of defects shall only be considered if the delivered products are examined promptly upon receipt and Karl-Josef Kost is immediately notified of any defects.
A sample of at least 0.5 litres of the product in question must be sent to Karl-Josef Kost together with the notification of defect.
The product in question shall be retained in its respective transportation receptacle until a decision has been taken regarding the defect notification.
Justified defects shall be rectified at no charge by either exchange or replacement at the choice of Karl-Josef Kost.
Any further warranty claims, in particular claims for damages, including claims relating to consequential damages are excluded.
The warranty shall also not apply in the event of improper handling, storage or processing of the products acquired from Karl-Josef Kost.

8. Liability

Karl-Josef Kost shall only assume liability, irrespective of the legal grounds, towards the customer in the event of direct damage to property, personal injury or financial loss if the damage, injury or loss was caused by gross negligence or wilful intent on the part of Karl-Josef Kost.
Karl-Josef Kost shall not assume liability for consequential damages, profits foregone or other indirect damages of any kind whatsoever.
Any liability for delayed or full or partial non-delivery caused directly or indirectly by Force Majeure events or other circumstances beyond the reasonable control of Karl-Josef Kost is excluded.
Any liability of Karl-Josef Kost, irrespective of the legal grounds, shall be limited to EUR 25,000.00 (twenty-five thousand).
The statute of limitations for all damage claims shall be six months from date of delivery.

9. Permits

When ordering goods subject to excise duty under suspension arrangements, the customer shall, without being requested to do, provide us with a written confirmation that the customer is the holder of all the customs and tax permits required in law which entitle us to make deliveries to the customer.
The customer shall inform us promptly of any changes to these permits.
The customer shall release us from any actions by the authorities and third parties if the content of the customer's confirmation should differ from the permits.
This release shall also include the costs incurred in obtaining legal advice and pursuing legal action.
The customer shall, on demand, provide surety to the amount of our potential liability obligation.
The customer shall compensate us for any further damages sustained by an inappropriate confirmation.

10. Withdrawal

Karl-Josef Kost is, subject to other entitlements, entitled to withdraw from the contract in the event of the customer's insolvency and in the event that the customer does not timeously meet the material obligations arising from these Terms and Conditions of Sale despite having been appropriately warned or in the event of the customer violating a material provision.

11. Assignment

The customer may not transfer or assign to third parties its claims from this contract or any rights arising herefrom.

12. Changes to Specifications

Karl-Josef Kost is entitled to deviate from the product specifications provided that any such deviations do not negatively affect the utilisability or applicability of the product.

13. General

Information regarding options for application and other information which does not form part of this document shall be provided to the best of our knowledge, however be non-binding and exclude any liability.
The customer shall observe all the relevant legal regulations in the execution of this contract and shall also advise all its buyers thereof.
The customer agrees that personal data as defined in the Data Protection Act shall be stored and processed by Karl-Josef Kost if this is necessary and/or purposeful for the execution of this contract.
Should individual provisions of this contract prove to be invalid or inexecutable this shall not affect the validity of the remaining provisions.
In such a case, the parties shall replace the invalid provision with a valid provision which shall achieve the purpose that the contractual parties had originally intended as closely as possible.
The same shall apply should any gaps or loopholes become evident in the execution of the contract.
The law of the Federal Republic of Germany shall apply.
The place of jurisdiction for all claims shall be the place of the registered offices of Karl-Josef Kost.

Koblenz, 01.10.2003