Delivery conditions for malt
Part 1 - Special delivery conditions
1. Quality
When determining the malt quality, error limits within the confidence interval according to MEBAK must be taken into account. The malt is produced without the addition of gibberellic acid, glucose, potassium bromate, exogenous enzymes or similar additives, is marketable and must comply with all food law and other relevant statutory and sub-statutory regulations on the delivery date. Furthermore, it is - as far as technologically possible - free from infestation (e.g. dead and living pests, ergot).
The Seller undertakes to participate in the pollutant monitoring programme of the Deutscher Mälzerbund e.V. (German Maltsters' Association) and thus to provide evidence that the raw materials processed by him comply with food law requirements at the time of delivery.
The Seller further undertakes to keep appropriate records of production and raw materials to ensure complete traceability. The Seller shall grant the Buyer or its authorised representative access to all production processes and documents relating to the production of the malt delivered to the Buyer. The Seller shall ensure that, in the event of necessary traceability of the malt delivered to the Buyer, all data relevant to food law recorded for this batch can be made available to the Buyer within a reasonable period of time. If further evidence is requested by the customer, the seller shall provide this for a corresponding reimbursement of costs.
2. Inspection centre
It is agreed that the testing centre shall be TU Munich-Weihenstephan
3. court of arbitration and place of jurisdiction
In the absence of any other agreement, the arbitration court of the Product Exchange in Nuremberg shall have jurisdiction over disputes arising from the malting business, excluding recourse to the ordinary courts of law. Otherwise, the place of jurisdiction shall be the registered office of the seller.
Part 2 - General Terms of Delivery
1. Impediments to fulfilment
Brewer's grain is a natural product. The climatic conditions are unpredictable. Therefore, in the event of significant qualitative or quantitative shortfalls in the grain harvest relevant to the contract and non-fulfilment of purchase contracts, the buyer and seller shall agree on an adjustment of the delivery quantity, the price or the specifications within the framework of a fair partnership. If the agreement does not lead to a joint result, the arbitration tribunal shall decide.
2. Sampling/analysis
Sampling shall be the responsibility of the Buyer and shall take place at the place of fulfilment. Sampling and sample preparation shall be carried out in accordance with the provisions of the standard terms and conditions. If the place of fulfilment is the place of receipt, the seller shall be represented in the sampling by the driver of the delivery vehicle. The sample containers must be completely sealed or lead-sealed and signed by both parties or their representatives. The seller is entitled to a sealed retained sample. In cases of dispute, the mean value of the analyses of the sealed samples taken during unloading, determined at the agreed testing centre, shall apply.
3. Complaints
Complaints must be made within the periods specified in the standard terms and conditions. Warranty claims are not excluded by the fact that the goods have been touched by the buyer. The Buyer may only demand the return of the goods if the identity of the goods has been preserved by separation or other appropriate measures.
4. Compensation for damages
Within the scope and on the basis of statutory liability for defects, the Seller shall bear the compensable damages and expenses incurred by the Buyer in the event of subsequent fulfilment and/or exercise of further rights due to defects (e.g. personnel, expert and legal costs, additional costs due to processing costs, loss of production or any recall).
5. Transport conditions
The seller shall ensure that the malt is transported in accordance with good transport practice. Only lorry superstructures are used which, according to their hygiene status and preliminary loads, permit the transport of bulk goods intended for human consumption. When delivering the malt, the drivers must have certificates of pre-freighting and cleaning ready.
6. Transport containers
If the seller provides the big bags, they must be returned to the malting plant within four weeks carriage paid, intact and undamaged. Lost or damaged big bags shall be replaced at the current price of equivalent new big bags.
7. Acceptance
If the buyer calls off the partial quantities of the overall contract to a lesser extent despite a forward-looking planned delivery schedule and if a surplus remains at the end of the contract term, negotiations must be held on the treatment of the surplus.
If the negotiations do not lead to an amicable result, the standard terms and conditions shall apply