AGB

The Thomas Henry company sells and delivers exclusively to the following conditions. With the purchase of products from Thomas Henry, the customer accepts these conditions. (A) The present General Conditions (GTC) apply to all our business relationships with our customers (the "Buyer"). The terms and conditions apply only if the purchaser is an entrepreneur (§ 14 BGB), a legal entity under public law or a public sector fund. (B) The terms and conditions apply specifically to contracts for the sale and / or the supply of goods (hereinafter also "goods"), regardless of whether we produce the goods ourselves or buy from suppliers (§ § 433, 651 BGB ). The terms and conditions apply in its individual version as a framework agreement for future contracts for the sale and / or the supply of goods with the same purchaser, without us having to refer to each individual case to them. (C) Conditions apply exclusively. Deviating, contradictory or supplementary terms and conditions of the buyer are only part of the contract so long as we have explicitly agreed to them. This requirement applies in any case, for example, even if we acknowledge the terms of the buyer's delivery without reservation to him. (D) Individually made agreements with the buyer (including side agreements, amendments and modifications) have priority over these Terms. The contents of such agreements or a written contract is the written confirmation. (E) Legal statements and accusations, which are after contract issued from the buyers to the seller (i.e. deadlines, defects, notice of cancellation or reduction) need to be in written form. (F) References to the application of statutory provisions only serve clarification purposes. Even without such clarification, the statutory provisions therefore apply, unless they are directly modified or excluded in these terms.

Dates, delivery times and quantities will be respected. Strike, partial or total loss of product resources, delays in its delivery, transport problems or other events of higher force entitles Thomas Henry however to delay the delivery by the period of disability or delay plus a reasonable start. The same applies to seasonal excess demand. If a delivery is delayed by more than three weeks the client is entitled to withdraw from the delayed delivery. For any claims for damages clause 8 applies. The existance of continuing obligations, particularly long-term supply remains unaffected.

Thomas Henry delivers drinks in perfect quality, which are prepared in accordance with existing legal requirements. Any complaint about the quality has to be reported by the customer without delay. Objections to the delivery notes and / or accounts specified quantities or prices - even with delivery of pallets - are to be claimed in receipt of the goods or at the latest within 10 days of delivery. Any delay in the complaint, the customer loses the right to replacement or credit. ft.

Delivery takes place at the day prices / list price or the agreed selling prices plus VAT at day of delivery for each customer group. Price changes are effective upon notification to the customer. Bills of trade deliveries are due immediately net upon receipt. Besides the above mentioned accounts of Thomas Henry, collection payments can only be authorized in written form addressed to the staff of Thomas Henry. In case of default, Thomas Henry reserves the right to demand cash payment or compensation of any payment delays. Claims by Thomas Henry can only be offset by undisputed or legally established claims.

Ownership of goods supplied is reserved by Thomas Henry until full payment of all claims arising from the business relationship and the settlement of the right to the debit of the customer of any balance from the current account has been made. The resale of the goods delivered under retention of title may only be made in the ordinary course of business. The goods may not be pledged by the client nor are they suitable for securing by a third party. The customer hereby has no claim against third parties from the resale of the goods from under the retention of title in advance of Thomas Henry. Thomas Henry accepts this assignment. Thomas Henry is entitled to notify the third party identified by the customer of the transfer of the claim and make the assigned claim in their own name. If the assigned claim against the third defendant in a current account or other account has been taken, effective from the customer any resulting claim in the amount of the last known balance must be paid to Thomas Henry, as does the causal balance in the event of insolvency of the customer. If the claim is included in a settlement, which also claims as its object, that has been assigned to third parties, the customer withdraws the total claim resulting from such pro rata to Thomas Henry. If the assigned claims exceed the claims of Thomas Henry by more than 10%, then the release of further demands is required. The selection of the released claims occurs at reasonable discretion.

The reuse of certain empties (eg, boxes, bottles, barrels, CO2 tanks, pallets, etc.) is left to the customer only and is intended for use at Thomas Henry or a designated third party and are due immediately. It remains an inalienable property of Thomas Henry and the producing brewery. Additional labels in any case require the permission of Thomas Henry. Thomas Henry is entitled to charge deposit at standard rates. Empty containers and pallets will be returned in the same kind and quality and in perfect condition. For properly returned empties a corresponding pledge of credit is issued. Non returned a reasonable discretion of Thomas Henry, but at least (calculated "new deduction for old") with 50% of the replacement cost for new empties will be made in exchange for settlement of the pledge. The same applies if after termination of business relationship a negative balance of empties exists. Regardless of this Thomas Henry is only obliged to take back cases and pallets of each space provided and delivered bottles and boxes (so-called graded returnable empties).

The customer has to check balance statements and other statements for accuracy and completeness, any objections must be made within 2 weeks from receipt of the confirmation or settlement of balances in written form to Thomas Henry. If the customer does not protest timely, the statement is considered as recognized.

Claims for damages against Thomas Henry or the manufacturing brewery are excluded unless the damage was not caused by the culpable breach of a contractual duty or, in other cases of gross negligence. If no gross negligence of a manager or senior staff is present, the liability to the replacement of the typical and foreseeable damages is limited. Any liability under the Product Liability Act or for personal injury is not affected.

The customer agrees to the business necessary processing of his data; prominent as a notification in accordance. § 33 para 1 of the Federal Privacy Act.

Berlin is the venue for all disputes arising under the contract, unless the customer is a trader or has no jurisdiction in Germany or transfers his residence or usual place of residence after the conclusion of the domestic market.

If some of these terms and conditions or parts thereof invalid, the validity of the remaining provisions is not affected. Our claims against the customer shall have no set-off or retention, unless that his counterclaims have been acknowledged in writing by us or by a legal title. We are entitled to set off against claims of the customer due to any monies owed to us or our group company. The assignment of a claim against us shall not be valid without our prior written consent.

(As of 07/2010)

Thomas Henry GmbH & Co. KG
, Wikingerufer 7, D-10555 Berlin
Tel. +49 30 / 20 91 39 69 
Fax +49 30 / 39 88 93 01
 /

Amtsgericht Charlottenburg, HRA 44065 B, VAT identification number: DE 272487046
Managing Director: Norman Sievert, Sebastian Brack
Headquarters: Berlin
Bank: Berliner Bank, Account 3520103, BLZ 10070848, IBAN: DE 05100708480352010300, BIC/SWIFT: DEUTDEDB110
Jurisdiction and place of payment is Berlin.

Bottles and crates are only let.
The deposit amounts for the empties are collected in the same amount, the property of empties remains that of Thomas Henry GmbH & Co. KG.
The commodity remains property of the company until complete payment has been made.