AVB

General sales and delivery conditions of soda button®

For business customers

§ 1 Scope, shape

    1. The present general sales conditions ("AVB") Apply for all of our business relationships with our customers ("Buyer“). The AVB only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
    2. The AVB apply in particular to contracts for the sale and/or the delivery of movable things ("Goods"), Regardless of whether we manufacture the goods ourselves or buy it from suppliers (§§ 433, 650 BGB). The goods we deliver and sold are primarily decay devices and sodastasts®, i.e. flavored carbon dioxide, which is either in CO2 cylinders, which either in newly produced CO2 cylinders (" "New cylinder") Or in used CO2 cylinders ("Exchange cylinder“) Is delivered.
    3. Unless otherwise agreed, the AVB apply in the version that is valid at the time of ordering the buyer or at least in the recently communicated version as a framework agreement for similar contracts, without us having to point out it again in each individual case.
    4. Our AVB only apply. Deviating, conflicting or complementary general terms and conditions ("Terms and conditions“) We hereby expressly contradict the buyer, regardless of the way or in what form these conditions are placed in connection with the conclusion and fulfillment of the contract; rather, such terms and conditions of the buyer will only become part of the contract when we have expressly agreed to your validity. This consent requirement applies in any case, for example, even if the buyer refers to his GTC as part of the order Or we know without reservation to the buyer, contrary to conflicting or deviating conditions of the buyer.
    5. Individual agreements (e.g. framework delivery contracts, quality assurance agreements) and information in our order confirmation have priority before AVB. In doubt, trade clauses must be interpreted in accordance with the Incoterms® published by the International Chamber of Commerce in Paris (ICC) in the version valid when the contract is concluded.
    6. Legal explanations and advertisements of the buyer in relation to the contract (e.g. deadline, notification of defects, resignation or reduction) must be submitted in writing. Written in the sense of this AVB concludes written and text form (e.g. letter, email, fax).
    7. Notes on the validity of legal regulations are of only significant importance. Even without such clarification, the legal regulations apply, insofar as they are not immediately changed or expressly excluded in this AVB.
    8. Our AVB also applies to all similar follow -up transactions in the recent version at the time of ordering the buyer, without this having to be expressly mentioned or agreed when it is completed.
     

    § 2 Contract conclusion, technical changes

      1. Our offers are subject to change and non -binding, unless they are expressly described in writing as binding. Sentence 1 also applies if we have left catalogs, technical documentation, other product descriptions or documents - also in electronic form. The delivery contract as well as any changes, side agreements and other agreements only become effective by written confirmation, unless a stricter form is intended in accordance with the law or if the order is implemented by delivery of the goods to the buyer; In the latter case, the delivery note or the invoice for goods replaces the written declaration. Oral explanations are also only effective by written confirmation. The written form is equivalent to the written form or electronic data transmission. Other information and information contained in the offer documents, in particular about the scope, type and quality of our deliveries and services, are only binding if we have been confirmed in writing as binding.
      2. Product descriptions, drawings, Representations etc. are performance descriptions, but no guarantees. A guarantee requires the written statement by us.
      3. The purchase of the goods by the buyer is considered a binding contract offer. Unless otherwise arisen from the order, we are entitled to accept this contract with us within 2 weeks of receipt.
      4. We reserve the right to do technical changes, construction changes as well as other changes in technical data and performance features, insofar as they serve technical progress.

           § 3 Copyright and other rights

            1. We reserve the property and/or copyright on all offers and cost estimates we submitted as well as drawings provided to the buyer, illustrations, illustrations, calculations, brochures, catalogs, models, and other documents and aids.
            2. The buyer may not use these items in the sense of (DIFFERENT, SUMPLE or accessible or otherwise put them on the market for other purposes other than the contractually agreed purposes, and have to return them to us at any time at any time.
            3. The buyer is not entitled to recreate our products themselves or by third parties on his behalf or under his help. Also, the attachment of any signs that are considered to be the original or could give the appearance that it would be the buyer or a third party product. Violations entitle us to request compensation. We are entitled to point out our company in a suitable manner on our products. The buyer can only refuse his approval if he has a predominant interest.
               

              § 4 Delivery periods, delay in delivery, force majeure

                1. The expected delivery period is individually agreed or stated by us on the order confirmation. The deadlines and appointments for deliveries and services we have provided by us always apply only approximately, unless it is expressly promised or agreed a fixed period or a fixed date. If the dispatch has been agreed, the specified delivery deadlines and delivery dates, unless expressly stated by us, refer to the time of handover to the freight forwarder, carrier or other third parties.
                2. Compliance with delivery deadlines requires the timely and proper fulfillment of the buyer's obligations, the timely provision of the buyer's timely provision and the payment of a down payment. The deadlines are extended by the period in which the buyer is in accordance with his contractual obligations, possibly a multiple of this period of time if, due to the result, the interruption indebted by the customer is not possible.
                  The objection of the non -fulfilled contract is reserved.
                3. If we cannot adhere to binding delivery periods for reasons that we are not responsible (non -availability of the service), the buyer will be informed immediately and the expected new delivery period will be communicated to her at the same time. The non -availability of the service is, for example, in the case of (i) non -timely self -delivery by our suppliers, unless the non -correct or late self -delivery is indebted by us, or (II) other disorders in the supply chain, for example due to force majeure. Powers of force violence refers to unforeseeable and extraordinary circumstances and events that are outside of our control (especially war, unrest, natural disasters, strikes and lockouts outside of their own company of the relevant party, embargos, pandemics and epidemics such as corona pandemic, operating closures, transport delays, difficulties in material or energy, lack of Labor, energy or raw materials, etc.). All events of force majeure free us from the fulfillment of the affected contractual obligations for the duration and in the scope of the effects of force majeure, even if we are in default. If an event occurs in force majeure, the buyer must be informed immediately in text form
                4. If events of force majeure change the economic importance or the content of the delivery significantly or significantly influence our operation beyond an extension of delivery periods, the contract is adequately adequately adjusted in compliance with faith. Insofar as this is not economically justifiable, we have the right to withdraw from the contract. If we make use of this right of withdrawal, we will immediately inform the buyer this, even if an extension of the delivery time was initially based on paragraph 3.
                5. The occurrence of the delay in delivery is determined according to the legal regulations. In any case, a reminder from the buyer is required. If we are in default of delivery, the buyer can, if he believes that he has actually caused damage, require a flat -rate replacement of his default damage. The damage flat rate for each completed calendar week of the delay is 0.3% of the net price (delivery value), but a maximum of 5% of the delivery value of the late delivered goods. We reserve the right to prove that the buyer has no damage or only much less damage than the above flat rate. Due to further liability for compensation, § 10 applies.
                6. Insofar as the buyer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract in accordance with this paragraph 6 by the contract. However, the buyer is obliged to explain this to explain this within a reasonable period of time we set whether he will withdraw from the contract due to the delay in delivery or to deliver. The right of withdrawal expires if the resignation is not declared before the expiry of the reasonable period of time we set (§ 350 BGB analogous). The goods already produced by us until the time of a declaration of withdrawal must be removed and paid for.
                7. The rights of the buyer in accordance with Section 10 of these AVB and our legal rights, in particular if the obligation to pay benefits (e.g. due to impossibility or unreasonableness of the service and/or subsequent performance), remain unaffected.
                   

                  § 5 Delivery, transfer of danger, default of acceptance

                      1. We are always entitled to deliver up to 5% more or less than agreed.
                      2. Unless otherwise agreed, we determine the way of packaging at a cheap discretion. For transporting to the buyer through us used pallets, containers and other reusable packaging (together "reusable packaging") remain in our property. The return of the reusable packaging to the factory with us is basically a debt of the buyer. The buyer is free to fulfill this debt by returning reusable packaging of the same type and quality. In coordination with us, the return of reusable packaging to us can be organized when the goods are delivered (e.g. by handing over to the carrier or other transport person). We are not entitled to withdraw from reducing packaging.
                      3. The delivery takes place from warehouse, where the place of performance for delivery and any subsequent performance is also. At the request and costs of the buyer, the goods are sent to another destination (shipping purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport companies, shipping route) ourselves. At the request of the buyer, the delivery is insured by us against the usual transport risks; The buyer bears the costs for this.
                      4. The risk of random doom and the random deterioration of the goods passes to the buyer at the latest. When buying a shipping purchase, however, the risk of random loss and the random deterioration of the goods as well as the risk of delay already passes to the freight forwarder, the carrier or the person or institution otherwise determined to carry out the shipment). The risk of random loss or the random deterioration of the goods also passes to the buyer as soon as he is in default of acceptance or in any other way violates his obligations to cooperate.
                      5. If the shipping of the goods is delayed on request or for reasons that the buyer is responsible, the danger passes to the buyer at the time the willingness to ship.
                      6. For delay in acceptance or if the goods are dispatched at the buyer's request by more than two weeks
                        (i) is delayed after the agreed delivery date, or
                        (ii) If no precise delivery date was agreed, after the display of the readiness for shipping, or
                        (III) In the event of other culpable violation of obligations on the part of the buyer, we are entitled to charge the buyer flat -rate for every customary warehousing benefit i.S.S.V. § 354 HGB in the amount of 0.5 % of the net price of delivery, but at most 5 %. The proof of higher damage and our legal claims (in particular replacement of additional expenses, adequate compensation, termination) remain unaffected. The buyer is permitted to prove that we did not occur any or only a much less damage than the above flat rate.
                      7. We are only entitled to partial deliveries or partial services and the position of corresponding partial invoices if they are of interest to the buyer based on the purpose of the contract and this does not result in a significant additional effort for the buyer.
                         

                        § 6 Prices, payment terms

                          1. Price lists and other general prices are subject to change. Subject to any price changes in accordance with paragraph 3, our prices valid at the time of the conclusion of the contract apply, unless we have a different fixed price offer in writing or it has been expressly agreed. The prices specified only apply to the respective individual order. Confirmed fixed prices only apply when the confirmed amount is accepted.
                          2. When ordering sodastaste®-CO2 cylinders, the buyer will be charged the new prices for filled CO2 cylinders, unless the buyer returns us in accordance with Section 7 of emptied CO2 cylinder; If Empty CO2 cylinders are returned in accordance with the conditions of § 7, the buyer will only be calculated a refill price afterwards. Refill prices are billed in the crediting procedure.
                          3. Our prices are available at the factory plus the respective statutory sales tax and exclusively the costs for packaging, loading, transport and insurance, unless expressly agreed differently.
                          4. If there are more than 4 months between the conclusion of the contract and the agreed delivery date and no fixed price agreement was made, reasonable price adjustments are reserved for significant changes in wage, energy, material and sales costs.
                          5. All payments of the buyer must be made to the accounts mentioned in our invoices. Subject to other agreements between us and the buyer, the buyer's payments are due 30 calendar days from invoicing and without any deduction, unless there is expressly agreed another due date with the buyer. In the case of payments within 14 calendar days - provided that the money receipt within this period - we grant a 2% discount if this has been explicitly agreed beforehand. The above discount may only be used on a prerequisite that all payment obligations from previous invoices are completely fulfilled. Invoice amounts under 500.00 euros are immediately net without deduction.
                          6. After the due date, default interest in the amount of 9 %points above the respective base rate p.a. is calculated without the need for a reminder. We reserve the right to assert a further default damage.
                          7. We are entitled to carry out or provide the outstanding deliveries or services only for advance payment or security if the fact that the buyer is significantly suitable for reduce the creditworthiness of the buyer after the conclusion of the individual contract and which endangers the payment of our open claims from the respective contractual relationship (including other individual orders for which the same framework contract is valid), especially if a recovery insurance concluded by us is exhausted is (insofar as goods are made only within the existing credit limits.
                             

                            § 7 Return of CO2 cylinders and price calculation

                              1. The buyer is entitled to return emptied CO2 cylinders from SodaTaste® (new cylinder or exchange cylinder) to us, in particular for the purpose of refilling (so-called refill), in accordance with the following regulations.
                              2. Unless otherwise agreed, after returning sodastaste®-CO2 cylinders and/or other standard cylinders (i.e. those that correspond technically in their design to the SodaTast® cylinders), but not for Sodastream Quick Connect (CQC) cylinder, the buyer a credit for those within one (1) month (from 1. To the last month) Down-to-be exchangeable CO2 cylinder in accordance with our price list, i.e. in the amount of the difference between the new cylinder Classic/aroma sales price and the refill prices for cylinder classic/aroma. Only those CO2 cylinders that have no externally visible damage to the cylinder housing (no dents, bumps, other damage) or on the valve are exchangeable. The credit releases are subsequently carried out within 30 calendar days after the end of the respective calendar month.
                              3. The return quantity for CO2 cylinders and thus the credits are limited to the previous order quantity minus the reciprocated CO2 cylinder, i.e. on the amount of cylinders ordered by the buyer that are still in circulation.
                              4. In the case of the (follow) of the (follow-up) of (re) filled CO2 cylinders by the buyer, we are and the buyer is entitled to offset the amounts in accordance with the credits issued.
                              5. For non-returned CO2 cylinders after the end of the contract period, we subsequently charge a purchase price for the CO2 cylinder not returned by the buyer in accordance with the calculation method in paragraph 2.
                              6. Unless otherwise agreed, the return of emptied CO2 cylinders will be returned at your own expense and risk. A different agreement can, however, provide in particular to provide that the buyer handed over to us to the carrier, freight leader, freight leader or other transport person for the purpose of return to us (e.g. also together with our reusable packaging or reusable packaging of the same type and quality.
                                 

                                § 8 Warranty rights, claims for defects

                                  1. The legal provisions apply to the buyer's warranty rights of the buyer for material and legal defects (including false and less delivery or poor instructions), unless otherwise determined. Warranty rights in this sense means the claims/rights resulting from § 437 BGB (supplementary performance, reduction/resignation, reimbursement of expenses and compensation).
                                  2. Claims of the buyer to reimbursement of expenses according to Section 445a (1) BGB are excluded, unless the last contract in the supply chain is a purchase of consumer goods (§§ 478, 474 BGB). In all cases, the statutory special provisions for withdrawal, expenses and damages when the newly manufactured goods are made to a consumer (supplier regress in accordance with Sections 478, 445a Paragraph 2, 445b and Sections 45c, 327 Paragraph 5, 327U BGB), if not, e.g. as part of a quality assurance agreement, an equivalent compensation. The rights remain unaffected from a guarantee that we have added additional.
                                  3. We assume no liability for public statements by the manufacturer (for third -party manufacturers) or from other third parties.
                                  4. We are not liable for deficiencies that the buyer knows when the contract is concluded or does not know through gross negligence (§ 442 BGB). Furthermore, the buyer's claims for defects require that he has complied with his statutory investigation and notification obligations (§§ 377, 381 HGB). If there is a deficiency in the delivery, the examination or at any later point in time, we must be displayed immediately in text form. A complaint that is not sufficient for the text form is ineffective and is not suitable for maintaining the deadline. In any case, there are obvious defects (i.e. to be openly open) within 3 working days (whereby on Saturday is a working day) from delivery and defects that are not recognizable during the examination within the same period from discovery in text form, whereby the timely sending of the display meets the timely. When buying a shipping, there is a delivery in the above sense at the latest if the goods are delivered to the buyer or the third party to the buyer or the third party specified by the buyer.
                                    If the buyer misses the proper examination and/or defect indicator, our liability is excluded for the defect that is not or not in time or not in good time or not properly. Costs for the examination and examination of the goods are considered the cost of accepting the item in the sense of § 448 Paragraph 1 BGB and must therefore be borne by the buyer.
                                  5. If the delivered thing is defective, we can choose whether we provide supplementary performance by eliminating the defect (rectification) or by delivering a deficiency -free thing (replacement delivery). If the type of supplementary performance we chose is unreasonable for the buyer in individual cases, he can reject it. Our right to refuse to fulfill the subsequent performance under the legal requirements remains unaffected.
                                  6. We are entitled to make the subsequent performance owed dependent on the fact that the buyer pays the purchase price. However, the buyer is entitled to retain a part of the purchase price that is appropriate in relation to the deficiency. § 13 to exclude the right of retention. Incidentally, it remains unaffected.
                                  7. There are no claims for defects in the event of natural wear or damage, which arise after the transfer of danger as a result of incorrect or careless treatment, excessive stress or the due to special external influences that are not required according to the contract. If changes or repair work are improperly made by the buyer or third parties, there are no claims for defects for these and the resulting consequences, as well as with operating errors of the buyer or the third party.
                                  8. The buyer has to give us the time and the opportunity required for the subsequent performance to be given, in particular to hand over the contested goods for exam purposes. In the event of a replacement delivery, the buyer has to return the defective matter to us at our request for the legal regulations; However, the buyer does not have a return claim. The expenses required for the purpose of the examination and subsequent performance, in particular transport, road, work and material costs as well as costs as well as possibly removal and installation costs. Otherwise, we can request the costs incurred from the unauthorized request of deficiency to be replaced by the buyer if the buyer knew or did not know that there was actually no defect.
                                  9. The right to replacement of transportation, path, work and material costs as part of the subsequent performance, including any expenses and installation costs, is excluded, insofar as the expenses increase because the object of delivery was subsequently brought to a location other than the branch of the buyer, unless the transfer corresponds to its intended use.
                                  10. If a reasonable period to be set for the subsequent performance of the buyer is unsuccessful or unnecessary according to the legal regulations, the buyer can withdraw from the contract in accordance with the statutory provisions or reduce the purchase price/remuneration. However, there is no right of withdrawal in the event of an inconsiderable deficiency.
                                  11. Claims of the buyer to compensation or compensation in vain expenses also only exist for defects in accordance with Section 10 and are also excluded.
                                  12. Recording claims of the buyer against us in accordance with Section 445a (2) of the German Civil Code (BGB) only exist to the extent that the buyer and his customer did not make any agreement beyond the legally mandatory claims. Furthermore, paragraph 8 and paragraph 9 also apply accordingly for the scope of the buyer's right to recourse against us.
                                     

                                    § 9 Legal defects, property rights violations

                                        1. If a third party levies authorized claims against the buyer due to the violation of property rights by the contractual claims in accordance with the contract, we are liable to the customer within the deadlines determined in § 11 as follows:
                                          • a) We will either obtain a right of use at our choice and at our expense for the deliveries in question, change it in such a way that the right of protection is not violated or exchange. If this is not possible for us at reasonable conditions, the buyer is entitled to the statutory cancellation or reduction rights.
                                          • b) Our obligation to perform compensation is based on § 10.
                                          • c) The previously mentioned obligations only exist for us if the buyer immediately notifies us in writing about the claims made by the third party, does not recognize an injury and are reserved for all defense measures and comparison negotiations. If the buyer hires the use of the delivery for damage reduction or other important reasons, he is obliged to point out the third party that the usage setting does not involve any acknowledgment of a violation of a property right.
                                        2. Claims of the buyer are excluded if he is responsible for the violation of the property rights.
                                        3. In the event of other defects in the law, the provisions of Section 8 apply accordingly.
                                             

                                            § 10 Liability; Right of resignation and termination in the event of non-deficiency breaches

                                              1. Our liability for compensation, regardless of the legal reason, in particular from impossibility, delay, delay, default, defective or incorrect delivery, breach of contract, violation of obligations in contract negotiations and unauthorized action, insofar as this is due to the fault, in accordance with this.
                                              2. We are not liable in the event of simple negligence.
                                              3. The buyer's claim for damages if the delivery is impossible is limited to 10 % of the value of the part of the delivery, which has become impossible. A claim for damages due to delay in performance and/or delay is excluded if the limits of Section 4 (5) have been exceeded.
                                              4. The disclaimers and restrictions of this § 10 apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents (hereinafter referred to as "Vicarious agents") From us.
                                              5. Insofar as we provide technical information or are advisable and this information or advice does not belong to the contractually agreed scope of services that we have owed, this is done free of charge and with the exclusion of any liability.
                                              6. The above limitations of this § 10 in accordance with paragraph 1 - 5 do not apply to the liability of us and our vicarious agents
                                                • a) Because of intentional or grossly negligent breaches of duty,
                                                • b) due to violation of life, body or health,
                                                • c) according to the Product Liability Act,
                                                • d) for guaranteed quality characteristics or if and if we have given an additional guarantee promise (in this respect the details of liability result from the guarantee conditions),
                                                • e) due to violation of contractual obligations.

                                                  In the event of a violation of contractual obligations, however, our liability is limited to damage, which we have predicted as a possible consequence of a breach of contract when the contract was concluded or that we should have foreseen when using traffic. Contracts of the contract are obligations, the fulfillment of which enables the proper execution of the transport contract and which the buyer can regularly trust, in particular the obligation to deliver the goods and their freedom of legal defects as well as material defects that more than impair their functionality or usefulness.
                                                  Indirect damage and consequential damage, which are the result of defects of the goods, are also only compensated for, provided that such damage is typically expected when using the goods. The regulations of the above sentence 2 and 4 do not apply in the case of intentional or grossly negligent behavior by us and our vicarious agents.
                                              7. Due to a breach of duty that does not exist in a defect, the buyer can only withdraw or cancel if we are responsible for the breach of duty or there is a case of Section 4 (6).
                                                   

                                                  § 11 Limitation

                                                    1. In deviation from Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims from guarantee for property and legal defects is one year from delivery. As far as we give the customer a guarantee promise, the details result from the guarantee conditions, in particular with regard to the scope, the guarantee and limitation period.
                                                    2. The above limitation periods of the purchase law also apply to contractual and non -contractual claims for damages by the buyer, which are based on a lack of goods, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the buyer from the violation of life, body or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, from the violation of contractual obligations and according to the Product Liability Act and claims according to § 445b BGB only become statute -barred according to the statutory limitation periods.
                                                       

                                                      § 12 Reference to title; Remaining property of cylinders

                                                        1. Until the full payment of all of our current and future claims from the purchase/delivery contract and an ongoing business relationship (secured claims) with the buyer, the goods remain owned by our ownership. In the event of contractual behavior of the buyer, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions or/and to request the goods due to the retention of title. The request for surrender does not also include the explanation of the withdrawal; Rather, we are entitled to only request the goods out and to reserve the resignation. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously unsuccessfully made the customer a reasonable period of payment or is unnecessary in accordance with the statutory provisions.
                                                        2. The buyer must have the goods subject to retention of title ("Reserved goods“) Treat care.
                                                        3. The goods subject to retention of title may not be pledged to third parties before the secured claims are fully paid or transferred to security. The buyer must notify us in writing immediately if an application for the opening of an insolvency proceedings or insofar as third parties (e.g. attachments) are made to the reserved goods.
                                                        4. The buyer is b. authorized to sell the reserved goods in the proper course of business. In this case, the following provisions also apply.
                                                            • a) The claims against third parties resulting from the resale of the goods or the product and the claims of the buyer regarding the goods subject to retention of title, which arise from another legal reason against his customers or third parties (in particular claims from unauthorized action and claims on insurance benefits), including all balance claims from an account collent, the buyer already takes overall to us for safety. We accept the assignment. The duties of the buyer mentioned in paragraph 3 also apply in terms of the assigned claims.
                                                            • b) The buyer next to us remains authorized to collect the claim. We undertake not to collect the claim as long as the buyer fulfills his payment obligations towards us, there is no lack of his performance and we do not assert the retention of title by exercising a right in accordance with paragraph 1. However, if this is the case, we can request that the buyer announced the assigned claims and their debtors, provide all the information required for moving in, hand over the associated documents and inform the debtors (third parties) the assignment. In this case, we are also entitled to revoke the buyer's authority for further sale and processing of the reserved goods.
                                                            • c) If the buyer requires this, we are obliged to release the collateral we are entitled to insofar as your realizable value exceeds the value of our open claims against the buyer by more than 10%. However, we can select the releases to be released.
                                                            1. The cylinders as such (exchange and new cylinder) remain in our property; They are only left to the buyer for intended use. The customer does not acquire any property even if the purchase price is fully paid. The obligation of the buyer to return cylinders against credit releases remains unaffected. Non -returned cylinders are charged in accordance with § 7.
                                                               

                                                              § 13 Offsetting, retention, acceptance

                                                                1. Unless otherwise regulated in these AVB, offsetting with counterclaims of the buyer or the retention of payments due to such claims is only permitted, provided that the counterclaims are undisputed or legally established or result from the same contractual relationship under which the relevant delivery/performance has been carried out. In the event of defects in the delivery, the counterpoints of the customer in accordance with Section 8 (6) remain unaffected. The buyer's authorization authority according to Section 7 (4) due to the return of emptied CO2 cylinders remains unaffected.
                                                                2. The buyer is not entitled to refuse the goods due to inconsiderable defects without prejudice to his rights and obligation in accordance with Section 8 (4).
                                                                3. As long as our due claims have not been paid, we are not obliged to deliver any further delivery from any current contract. In such a case, after setting a deadline from us to the customer during the rest of our delivery obligation, the buyer does not have any legally binding effect. We reserve the right to have further legal and damages.
                                                                   

                                                                  § 14 Applicable law, place of jurisdiction

                                                                    1. For this AVB and the contractual relationship between us and the buyer, the law of the Federal Republic of Germany applies (to the exclusion of the UN sales law).
                                                                    2. The place of performance for all rights and liabilities resulting from this business is Tambach-Dietharz.
                                                                    3. The exclusive place of jurisdiction for all disputes from the business relationship between us and the buyer is Meiningen.
                                                                    4. If a determination of this AVB is or becomes void or if a regulatory gap in this AVB is evident, this leaves the effectiveness of the other provisions untouched. Instead of the void provision or to conclude the regulatory gap, the effective and practical rule (including, if applicable, there is a waiver of a claim by a contracting party) that comes closest in the economic objective of the ineffective or nullity. If the nullity of a provision is the consequence of a level of performance or time (period or period) specified in this provision, such a provision that comes closest to the original level applies. § 139 BGB does not apply.
                                                                       
                                                                      Tambach-Dietharz, valid from June 01, 2023


                                                                      Download the AVBS as a PDF here.