General Conditions and sales / delivery terms for breweing malt

  1. In the case of not predictable circumstances, the buyer and the seller have to negogiate to get a bilateral agreement on this contract.

  2. Payment-delay will cause 8 % interest rate over the basicinteresrate of the Deutsche Bank (German Bundesbank).

  3. The delivered goods are property of the RHÖN-MALZ GMBH  MELLRICHSTADT untill full payment. Pay by cheque the bank must clear the payment bevor ownership is settled.
    In the case of the buyer mixing the delivered malt with other goods the buyer must hand over his ownership of the mixed goods up the same value of the goods owned by the seller as is written on the buyers´inventory.
    While the buyer is producing the goods, until payment has been cleared, is the ownership of the seller.
    The buyer is allowed to sell the goods, which is owned by the seller in the normal buisness-process.
    If there are any credits, which arises from the sale of the goods by the buyer to his customers, they now become property of the seller, as a formal security, until the credit has been cleared.
    The seller untertakes to free his ownership of the delivered goods once payment has been cleared.

  4. If the delivery of the malt takes later after the said date, the buyer and seller must negogiate new terms of delivery. Should the delay in production be influenced by a third party other then the seller or buyer, it is possible to change the delivery/pick-up-date.

  5. As far as this contract is concerned and there are no further additions to the contract, the „Einheitsbedingungen im Deutschen Getreidehandel“ stands.

  6. When the goods have been loaded and then unloaded at the destination, should there be a disagreement regarding the analysed goods, then it must be analysed by a third part, the TU München-Weihenstephan in D-85350 Freising, who will deceide who is in the right.

  7. Should the goods not be to the satisfaction of the buyer, this must be reported to the seller, before two weeks after the date of delivery.

  8. The seller assures, that the malt is produced according to the valid prescriptions of the German food law; the malt is after technical possible measures without pollutable substances and the NDMA-contents are not more then 2,5ppb.

  9. Court of jurisdiction: D-97638 Mellrichstadt

  10. The legal invalidity of one or more provisions of this contract shall in no way affect the validity of the remaining provisions. This shall not apply if it would be unreasonable for one of the parties to continue the contract.

Mellrichstadt, 30.10.2009