Terms

General terms and conditions of sale, delivery and payment

GT&C

General

Orders shall only be accepted and executed based on the following conditions. We shall not be bound by any deviating terms and conditions of our contractual partners, even if we do not expressly object to them. Amendments and ancillary agreements, with representatives in particular, are only valid if they are expressly confirmed by us.

Offers and prices

All parts of our offers are subject to change. Our prices do not include packaging, are in € net, excluding VAT ex dispatch station. Our prices as valid on the day of delivery shall apply. We reserve the right to make price changes, in particular due to unforeseeable increases in purchase prices and exchange rate changes. A purchase contract shall only be concluded once an order is confirmed. For orders with immediate delivery, our invoice shall be deemed to be the order confirmation. For a net order value of less than €100.00, we charge a flat processing fee of €10.00. Within Germany, we deliver free of charge once the net goods value is at least €300.00. Below this value of goods we charge a handling and delivery fee per package. Excluded from this are forwarding, express and bulky goods shipments.

Delivery

Delivery deadlines given by us or our representatives are always non-binding unless they have been expressly confirmed by us as binding or agreed as a fixed date. Force majeure and unforeseeable events, as well as unpunctual delivery to us, release us from all delivery obligations. The buyer shall not be entitled to make any claims against us in this respect. If delivery is impossible, both partners may withdraw from the contract. The buyer may only withdraw from the contract after setting a reasonable later delivery period of at least 21 days. We retain the right to make partial deliveries. In the case of partial deliveries, subsequent deliveries shall be made free of postage fees. The purchased goods shall in any case travel at the risk of the buyer. In the event of loss, damage or destruction of the goods, the buyer shall be liable. The goods are not insured by us.

Adoption/acceptance

The buyer is obliged to accept the ordered goods. If the buyer refuses to accept deliveries or subsequent deliveries without prior notification of the seller, or if he/she returns goods without our express consent, the buyer shall reimburse the seller for all costs and losses incurred.

Complaints

The buyer must notify us in writing of any complaints regarding defective or incomplete deliveries within eight (8) days of receipt of the goods at the latest. Later complaints cannot be entertained. In the event of justified complaints, the goods shall be repaired or replaced. Claims of the buyer for revocation, reduction of the purchase price or damages are excluded. Product modifications are permissible insofar as they do not mean a reduction in quality or usability for the customer. Advertising statements, brochure information in particular, do not constitute quality information. We do not provide a guarantee of quality or durability within the meaning of § 443 BGB (German Civil Code). We cannot provide any guarantee for the suitability of the goods for the purpose intended by the customer if such use goes beyond the usual use of the goods. The warranty period is one (1) year from the transfer of risk, provided that the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code). Returns require our prior written consent and must be made post-free in any case. Unfree returns will not be accepted. Return and exchange of firmly purchased goods, in particular bathing articles after fitting, are not possible. The buyer is obliged to carefully inspect delivered goods immediately upon delivery. Transport damage must be claimed immediately from the carrier, not from the seller.

Payment

Our invoices are payable within 8 days with 2% discount or net after 30 days. Each payment is assigned to the oldest open invoice. If any invoices still due are unpaid, all subsequent invoices shall be due for payment immediately. A cash discount deduction is then excluded. Payment by acceptances is subject to special agreement. We reserve the right to accept bills of exchange. The offsetting of counter-invoices not recognised by us is excluded. Unagreed payment deductions without the existence of a credit note as well as higher or delayed cash discount deductions will not be recognised. In the event of default in payment, interest may be charged at the usual rate for overdrafts plus incidental costs. Reminder costs will be charged after a statement of account has been sent to no avail. In the event of insufficient information, we may demand advance payment or withdraw from the contract. In the event of late payment, new deliveries may be withheld until payment is received. This does not entitle the buyer to withdraw from the contract.

Retention of title

The delivered goods remain our unrestricted property until the complete fulfilment of all our claims against the buyer. The buyer is entitled to resell the goods remaining in our reserved property in the ordinary course of business. He/she may neither pledge nor assign the goods to third parties before full payment has been made. If the buyer sells the goods delivered by us, he/she hereby assigns to us all claims against his customers arising from the sale, including all ancillary rights, until all our claims from the business relationship have been settled in full. The buyer may collect the claims assigned to us, but must transfer them immediately insofar as our claims are due. The proceeds obtained from the sale of our goods shall be treated by the buyer separately from other sales proceeds as collected in trust for our account and shall be transferred to us upon maturity of our purchase price claim. If circumstances become known after delivery which reduce the creditworthiness of the buyer, we can demand the return of the goods or take them back ourselves from the buyer. As long as the buyer has not paid for the goods, he/she is obliged to return them upon request. The buyer shall allow us to enter his business premises and to surrender the goods in his possession. If our goods subject to retention of title are seized by a third party, the buyer shall notify us immediately and inform the seizure officer and executing creditor of our retention of title. The same applies to the pledging of claims from the resale of goods subject to retention of title.

Other legal relationships

The above terms and conditions shall also apply to all transactions concluded with us in the future, in particular to repeat orders. German law shall apply exclusively to all legal relationships, including those with foreign customers, but without the application of the UN Convention on Contracts for the International Sale of Goods and any transformation provisions issued in this respect. Should individual conditions or agreements prove to be legally ineffective, our other terms and conditions of sale, delivery and payment shall remain in force without the legally ineffective ones.

The place of performance for the mutual obligations arising from this contractual relationship, including obligations arising from cheques and bills of exchange, is Bad Salzuflen, even if sales or deliveries were made from another location.

The exclusive place of jurisdiction for all legal disputes arising from this contractual relationship shall be Lemgo or Bielefeld.

BECO Beermann GmbH & Co. KG
Bad Salzuflen