Riedel on Premise book 2017

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RIEDEL „sensory“ work shop FINE RIM laser cut, polished rim essential to direct the flow of wine FINE CRYSTAL break resistant fine crystal ensures perfect clarity, essential to see the exact colour GRAPE VARIETAL SPECIFIC BOWL bowl shape enables the wine todevelop its tastes and aromas. Stemware features finely-tunedglass consisting of 3 variables: shape, size and rim diameter SENSORY WORKSHOP <strong>Riedel</strong> glasses are developed in sensory workshops SEAMLESS STEM smooth, seamless LOGO This signature trademark helps our customers to distinguish immediately between hand-made products and those made by machine. Our machine-made products carry this trademark. BASE Greater stability and breakage resistant 60
General Terms and Conditions of Contract of Tiroler Glashütte GmbH 2017 (“TG”). 1. Scope of Application All deliveries and services of TG are subject to the following General Terms and Conditions of Contract (“T&Cs”), even if no special reference is made to them in specific cases. Any supplementary or deviating agreements, such as in particular any contradictory general terms and conditions of the Customer, require the express written and duly signed acknowledgement of TG in order to be legally effective. For the avoidance of doubt, the acceptance of orders or performance of deliveries by TG may not be regarded as the grant of any exclusivity whatsoever, unless otherwise expressly agreed. 2. Orders 2.1. All orders by the Customer become legally effective upon written acceptance by TG (order confirmation) or, in the absence of such order confirmation, by delivery to the Customer. Any orders placed are binding. However, the Customer is entitled to modify its order up to the time of receipt of an order confirmation, but no later than 5 days after placing the order, provided it has not received the order confirmation by this time. However, the expiry of the above time limit does not constitute acceptance of the order. 2.2. TG reserves the right to (i) reject orders at any time without giving any reasons, (ii) accept orders only with respect to amounts that from experience correspond to usual quantities ordered by companies of a comparable size and/or (iii) terminate any framework agreement possibly existing at any time with immediate effect without giving any reasons. 2.3. Special Orders: Orders for any products not featured in the applicable price books (“Special Orders”) require a 50% prepayment. Special Orders can be combined with any other orders to meet order minimums. Quantities of Special Orders can be ordered in full master packs only. 2.4. Value Packs: Any preferential conditions on which Customers may purchase packs containing free products (“Value Packs”) must to the extent legally permissible be passed on to the end-consumer in at least the same amount. The Customer may not unpack Value Packs and may not sell any merchandise included in Value Packs individually. 2.5. On-Premise glass collections may strictly be used by the hospitality industry only and are not intended for resale, the retail trade and/or end-consumers. 3. Customer Obligations 3.1. Retail Customers may sell goods received from TG only to end-user consumers. Active sales to any retailers (including but not limited to mass merchandisers, warehouse clubs, or discount stores), wholesalers, dealers including but not limited to e-tailers, flash sites, or distributors, are strictly prohibited to the extent that TG has reserved such customers for itself or has otherwise exclusively allocated them. Passive sales are exempted from the above restriction. Provisions in the selective distribution network remain unaffected by this clause 3.1. 3.2. The Customer acknowledges its obligation to maintain the extremely high standard of TG’s products as some of the world’s finest glassware and the goodwill symbolized by the trademark “<strong>Riedel</strong>” and to refrain from any conduct that could be viewed as having a negative impact on the image of TG or its products. 3.3. The Customer will conduct its activities strictly in accordance with these T&Cs and all applicable laws and regulations. 4. Prices Unless otherwise agreed in writing, all prices are stated in Euros (net) per sales unit, ex Tiroler Glashütte (INCOTERMS 2010). TG issues its invoices in Euros, with the prices applicable at the time of delivery being legally effective. 5. Terms of Payment 5.1. The payment and delivery terms are set forth separately in the TG’s currently applicable Price Books. 5.2. TG may ask for a payment confirmation to be issued by a bank accepted by TG. Payment will be deemed effected as soon as TG is able to freely dispose of the same at the company‘s registered office. If payments are effected in freely convertible currencies other than the invoicing currency, the Customer will bear the exchange rate risk. Any bank charges are at the Customer‘s expense. The Customer acknowledges its obligation to pay default interest of 11% p.a. as of the due date. Any claims, counterclaims or claims for compensation of the Customer do not entitle the Customer to any extension of the period stipulated for payment. TG reserves the right to change the terms of payment and delivery or suspend fulfillment of any agreement with the Customer if this appears necessary due to the Customer‘s financial situation or payment history. 5.3. The Customer may only deduct a cash discount if all outstanding invoices have been paid. 5.4. TG is not obliged to accept checks or bills of exchange; they will only be credited as payment subject to them actually being honored to the value to which they are at disposal. All costs incurred in connection with acceptance of bills of exchange or checks, in particular discounting charges and interest, will be borne by the Customer. 5.5. If the payment date is exceeded by more than 60 days, all deliveries will be suspended until the outstanding amount has been credited to TG’s account. Although TG may accept new orders, these will not be processed and delivered. 5.6. In addition, in the event of default in payment all outstanding accounts receivable, also under bills of exchange, will become due for payment immediately irrespective of their due date. TG will furthermore be entitled to rescind all current contracts and/or request damages in lieu of performance, stop deliveries, make them subject to the provision of security or to effect delivery only against cash on delivery. The same applies if the Customer’s company is sold in whole or in part or if the legal form of the Customer’s company is changed, if its financial situation materially changes or deteriorates or if TG obtains knowledge of facts only after the order was accepted which, upon reasonable consideration, make the granting of credit appear risky. In all of these cases TG may retain title as described under clause 10 and may ascertain and collect the goods from its deliveries that are still available from the Customer for this purpose, which will not lead to a rescission of contract. 6. Delivery 6.1. Unless otherwise agreed in writing, all deliveries will be effected ex works (“EXW”, IN- COTERMS 2010) to the relevant warehouse as defined by TG. Deliveries will be made by TG according to its operational capabilities. Planned delivery dates are not binding; delivery times for Special Orders will be notified to the Customer on a case-by-case basis and are not binding. Any claims for damages due to non-performance or delayed performance are excluded. Partial deliveries are permitted and may be invoiced. 6.2. TG will perform the contract subject to unforeseeable events or events independent of the intention of the parties, e.g. all events of force majeure, events of war, interventions and prohibitions of official authorities, delays in transport and customs clearance, transport damage, lack of energy, labor conflicts as well as delays in delivery on the part of suppliers for whatsoever reasons. Delivery times will also be prolonged where any event mentioned above occurs at TG’s suppliers. 6.3. All retail goods are shipped in brown master packs (order units). The master pack is to protect the retail goods only and is not designed to be used as a shippable outer carton. Any other use of this master pack, in particular its use for shipping, is the sole responsibility and risk of the Customer. 6.4. Customized packaging is subject to a separate Packaging Agreement. 6.5. Regarding customized orders, TG reserves the right to supply the quantity deviations of +/- 5% of the quantity ordered, which is customary within the industry. The quantity actually delivered is to be paid for in all cases. 6.6 If the goods are picked up by the Customer at a warehouse determined by TG, the Customer must pick up the goods within 10 working days after having received the notice by TG that the goods are ready for pick up. After this, TG is entitled to charge warehousing fees to the Customer. 7. Notice of Defects, Warranty, Liability 7.1. Any defects must be notified to TG in writing within 28 days of delivery of the goods, including a detailed description of the defects; otherwise the goods will be deemed to have been accepted. The Customer acknowledges that deviations may occur between products from the same series for technical reasons and because of the used materials in the course of the production of glass products, in particular with respect to size, weight, ovality, or the vertical axis according to the relevant technical drawings, which cannot be influenced by TG. Such deviations between products, in particular compared to earlier deliveries of the same product, therefore do not constitute a defect. 7.2. In the event of justified complaints, TG will – at its sole discretion – either make a substitute delivery or issue a credit note. If TG chooses to make a substitute delivery, the Customer is required to return the defective goods. Any other warranty claims of the Customer are excluded. 7.3. TG is only liable for damage to the extent that the damage was caused by TG by gross negligence or willful intent. Liability for slight negligence is excluded, except in the case of personal injury. The burden of proof lies with the Customer in all cases. 7.4. <strong>Riedel</strong> glasses sold by TG are dishwasher-proof according to DIN EN 12857-1/2:2005. A warranty for possible glass clouding is granted for 3 years as of the date of production (bottom stamp). Mechanical damage to the surface is excluded from warranty. 7.5. Decorations of any kind that have not been made or commissioned by TG, such as engravings, silk-screenings etc., are the sole responsibility and risk of the Customer. TG will not be responsible and shall be excluded from any warranty whatsoever, especially but not limited to that heavy metals or other dangerous materials are applied, or if the material used is not water-resistant or dishwasher-proof. Customer shall indemnify and hold TG harmless from any and all claims, suits, losses, damages, demands, injuries and expenses (including reasonable attorney`s fees) arising out of or related to any claims made against TG based on any decorations (such as engraving, silk-screening, etc.) made to the glassware products by customer. 8. Returns All returns are subject to TG’s express prior written approval. Special Orders or goods that are engraved, decorated or personalized in any other way may not be returned. Returned goods must be part of the current collections of TG and in mint, resalable condition, packed in the original boxes and in the original sealed master packs. Returns must be shipped within 30 days after having received TG’s written prior approval and shall be delivered to TG warehouse Schneegattern, Austria, freight (risk and costs) at the Customer‘s expense. For goods returned in accordance with these provisions, the cost valid at the date of the purchase will be credited minus 15% restocking and handling fee. 9. Industrial Property Rights 9.1. All the goods and/or designs, including especially but not limited to the manufacturing drawings, supplied by TG are protected by industrial property rights, in particular by copyright and design as well as trademark and patent rights, which are held exclusively by TG or by TG`s relevant licensor. 9.2. Any tools, molds, and plans are the sole property of TG, even if the Customer bears the costs of their acquisition in part or in full, and will not be handed over at the end of any kind of cooperation. 9.3. The Customer is entitled to use the trademarks and/or logos affixed by TG to the goods or their packaging in order to identify the unchanged and originally packaged goods. By doing so, the Customer does not acquire any rights to the trademarks, logos or other proprietary material of TG or its licensor. The Customer undertakes to refrain from any other use. Any use of trademarks, names, logos, photos, videos, and company symbols of TG or of TG`s licensors or the trademark “<strong>Riedel</strong>” in publications, electronic (internet) advertising, social media pages, or printed matter is only permitted upon written authorization by TG. In addition, the Customer undertakes not to use any signs that are likely to be confused with those of TG or of TG`s licensors or <strong>Riedel</strong> or similar signs or to have them protected in whatever form. Documents such as catalogues, brochures, illustrations, photos, videos, and the like as well as samples and designs remain at all times the intellectual property of TG or TG`s licensor, protected by the relevant statutory provisions regarding reproduction, imitation, competition, etc. The Customer undertakes not to make such material and documents available to third parties, either in whole or in part, without the prior written authorization of TG or to use them for any purpose apart from the purpose for which they were handed over to it. If no order is placed, all material and documents must be returned to TG at the Customer’s expense. 10. Retention of Title 10.1. TG retains title to the goods or samples delivered until full payment. However, the Customer is entitled to resell the goods in ordinary business in the usual way customary in the trade. If goods which have not been paid for yet are sold, the Customer will assign the claim arising against third parties to TG. TG is entitled to disclose the assignment. The Customer agrees to immediately make available to TG all information required in order to pursue all claims and agrees to comply with all formalities that may be necessary for a valid assignment. 10.2. The Customer is not entitled to pledge or hand over goods of TG that have not been paid for as security. The Customer is obliged to claim the title of TG to the goods in relation to third parties and to notify TG immediately in writing if third parties assert claims with respect to the goods or if execution is initiated. 11. Data Protection and Storage, Advertising TG will store and process personal data obtained in course of the business relationship with the Customer in compliance with the statutory provisions. Upon conclusion of the contract, the Customer agrees (subject to revocation possible at any time) that its personal data may be used by TG for the purpose of marketing its own goods and services. In addition, the Customer expressly agrees to be contacted by TG for advertising purposes by telephone, e-mail, text message, or fax. Such consent may be revoked at any time. 12. Severability If any provision of this contract is ineffective, the validity of the remaining provisions shall not be affected. The parties undertake to agree on a new effective provision which comes as close as possible to the commercial purpose of the ineffective provision without delay. 13. Applicable Law, Place of jurisdiction This contract is subject to Austrian law. Applicability of UN Sales Law (CISG – United Nations Convention on Contracts of the International Sale of Goods) is excluded. The exclusive jurisdiction of Kufstein District Court or Innsbruck High Court (depending on jurisdiction over the subject matter) is agreed for any disputes arising out of the contract concluded with the Customer or the General Terms and Conditions underlying the contract, including the pre- and post-contractual phase and effects. GENERAL TERMS AND CONDITIONS 61
Page 1 and 2:
ON PREMISE PICTURE BOOK 2017 EFFECT
Page 3 and 4:
CONTENT NEW ITEMS 4-5 SOMMELIERS RE
Page 5 and 6:
NEW ITEMS 2017 8446/15 BLIND TASTIN
Page 7 and 8:
GLASSES MAXIMILIAN J. RIEDEL: “OU
Page 9 and 10: NEW WORLD PINOT NOIR/NEBBIOLO/ROSÉ
Page 11 and 12: ITEM 0449/09 COUPE/ COCKTAIL fine c
Page 13 and 14: ITEM 0454/55 ROSÉ/ CHAMPAGNE fine
Page 15 and 16: ITEM 0447/05 VIOGNIER/ CHARDONNAY f
Page 17 and 18: NEW NEWNEW NEW NEWNEW NEW NEWNEW NE
Page 19 and 20: DEGUSTAZIONE O 0489/41 19 GLASSES
Page 21 and 22: ITEM 0412/21 COCA COLA RESTAURANT f
Page 23 and 24: OUVERTURE RESTAURANT ITEM 0480/90 M
Page 25 and 26: DEGUSTAZIONE 25 GLASSES
Page 27 and 28: MANHATTAN EXCLUDED FROM PROMOTION I
Page 29 and 30: ITEM 0480/02 WHISKY RIEDEL BAR fine
Page 31 and 32: 0446/97-1 OAKED CHARDONNAY 0,1 l +
Page 33 and 34: 0446/05-M CHARDONNAY/ VIOGNIER 0446
Page 35 and 36: DECANTER MACHINE-MADE NO R.Q. AVAIL
Page 37 and 38: With its stunning design and innova
Page 39 and 40: 4100/23-20 BLACK TIE 2007/01-20 FLA
Page 41 and 42: OLD WORLD SYRAH 0449/41; HORSE DECA
Page 43 and 44: 2016/01-20 AYAM DECANTER 2016/02-20
Page 45 and 46: 1977/26-20 CORNETTO MAGNUM 2011/02-
Page 47 and 48: 2009/03-20 BLACK TIE BLISS 2009/01
Page 49 and 50: 2015/02 RIEDEL 2400/14 ULTRA 1414/1
Page 51 and 52: 3. SIGNETS & VIGNETTEN - SILK SCREE
Page 53 and 54: Founded in 1845, Lindt & Sprüngli
Page 55 and 56: TRADEMARK (1) (2) The RIEDEL TRADEM
Page 57 and 58: Tasting-Events 2016: 1.600 Particip
Page 59: CUSTOM MADE‚ OCCHIO NERO‘ DECAN
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Riedel on Premise book 2017

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