1.1 Rugenbräu AG (hereinafter referred to as "Rugenbräu") rents festive material (such as refrigerated trucks, refrigerators, dispensing equipment, dispensing tents, etc.) to its customers (hereinafter referred to as "Tenants") in accordance with its separate list of festive material and supplies beverages on consignment (delivery of goods for resale).
1.2 These GTC shall apply to all rental and supply relationships between Rugenbräu and the Lessee.
1.3 Orders for the agreed delivery day must be received by Rugenbräu AG by 11:30 a.m. on the previous working day (Monday - Friday).
1.4 Terms of delivery: According to the agreed delivery schedule. The return of sorted empties shall be made within the scope of the full goods delivered. Goods returns are excluded, except in the case of fixed deliveries. If a wine does not correspond to the expected quality e.g. tap wines, we ask you to keep it and report it to us immediately. Faulty wines will be refunded within 2 years after delivery in the form of a credit note. The wine will be reimbursed provided that it has been properly handled, stored and proof of purchase can be provided.
1.5 On-call service on weekends and holidays: The beverages can be picked up at our ramp after consultation with the person responsible for the on-call service - without surcharge. For deliveries carriage paid, we charge a contribution towards expenses of CHF 70.00 per delivery.
1.6 Unless otherwise agreed, the current price lists for beverages and the rental of festive material apply.
2. Intended use
2.1 The fixed equipment provided shall be used solely for storing and serving the beverages supplied by Rugenbräu. In the event of infringements, Rugenbräu reserves the right to suspend orders already confirmed and, moreover, to take back and demand the return of festive material supplied without notice.
2.2 In particular, the storage of all foodstuffs (namely fish, meat, salad, vegetables and dairy products, etc.) in the refrigerated units is prohibited. The same applies to cooking and grilling inside sales stands. In case of infringement, the tenant shall bear the responsibility and shall pay the repair costs at cost (min. CHF 500.00 per object).
3 Reservation, Cancellation
3.1 Reservations shall be made in the order in which orders are received. To ensure timely delivery, an order (festive material and beverages) must be placed at least 15 working days before the desired delivery. All reservations shall only become binding upon written confirmation by Rugenbräu.
3.2 Cancellations can only be considered up to 14 days before the scheduled delivery. For cancellations received later, 50% of the respective rental costs will be charged.
4. Delivery modalities
4.1 The delivery of the festival material and the ordered beverages shall be made carriage paid to the festival site (place of unloading) and shall include return transport. Access must be guaranteed for all vehicles (trucks). The organizer designates a contact person who must be on site, both for delivery and collection.
4.2 The distribution and setting up of the festival material is basically the responsibility of the renter. Tents must be properly fastened to the ground and lashed down. They are to be dismantled by the renter from 40 km/h wind force or in case of danger of wind gusts/storms.
4.3 At the end of the rental period, the Lessee undertakes to make the festival material available for return transport together with the empty and full beverage containers in a proper, cleaned, dismantled and ready-for-transport condition (in accordance with the condition upon delivery; glasses must be washed). Any additional expenses incurred by Rugenbräu for the collection of festive material not provided and/or the cleaning of soiled festive material shall be charged to the lessee at cost (CHF 90.00/hr.).
4.4 The delivery of the beverages shall in principle be made on consignment. The selling price shall be determined by the reseller, but may not be lower than Rugenbräu's purchase price. Only clean, faultless and resalable beverages and in original containers shall be taken back. For opened containers, only the value of the empties or container deposit will be refunded. Barrels/gas cylinders are considered opened when the plastic cap has been removed.
4.5 Refrigerated trucks, refrigerated tents and bar trucks are delivered without extension cables. The proper connection of all electrical equipment in accordance with SEV standards is the responsibility of the lessee.
4.6 For deliveries and collections on Saturdays, Sundays and public holidays as well as at night from 22.00 hrs to 05.00 hrs, a surcharge of CHF 250.00 per order will be levied.
4.7 A delivery surcharge of CHF 70.00 shall be levied for goods with a value of less than CHF 300.00 (excl. rental of fixed materials and containers).
4.8 The lessee is obliged to check the delivery of goods and the fixed material for completeness and functionality upon handover. Any defects shall be reported to Rugenbräu without delay. Subsequent complaints cannot be taken into account; in this case, the rights to claim for defects shall be forfeited and shall not affect the obligation to pay the rent.
5.1 The rental prices stated in the fixed equipment list are for a weekend or for a maximum of 5 consecutive days. The rental period shall commence, at Rugenbräu's option, on Thursday or Friday at the earliest and end on the following Monday or Tuesday. For each subsequent weekend, a surcharge of 50% of the rental price shall be charged.
5.2 Depending on Rugenbräu's credit check, deliveries to the customer shall be made against full or partial advance payment or against invoice, whereby in the case of invoice, the payment period shall be 30 days.
6.1 The festive material provided to the Lessee for use and the beverages supplied on consignment shall remain the property of Rugenbräu and shall be in perfect condition at the time of handover.
6.2 The Lessee shall be liable to Rugenbräu for all damage to the festive material and the drinks supplied on consignment. Damage (including any modifications) to the festive material shall be charged to the Lessee up to a maximum of the replacement value specified in the list of festive material (total loss). In the event of minor damage, the Lessee shall bear the repair costs.
6.3 The lessee is responsible for insuring the fixed equipment provided to him against fire, natural hazards, water damage, glass breakage and theft at his own expense. The lessee shall be liable for the festive material as well as for the beverages supplied on consignment until the proper return (or return).
6.4 Rugenbräu shall not be liable for any damage caused by improper use and securing of the festive material or any violation of these GTC. Rugenbräu shall be liable for any defects in the festival material and any damage arising therefrom only in the event of intent and gross negligence on the part of Rugenbräu.
6.5 Swiss law shall apply. The exclusive place of jurisdiction shall be Thun (place of jurisdiction for Interlaken).
7. Exchange of sales statistics / sales data
The customer expressly agrees that Rugenbräu AG may make sales data on beverage purchases available to beverage producers. The data shall be used exclusively for administrative and statistical purposes.