1. Acknowledgment of these delivery conditions
All offers and agreements shall be subject exclusively to the following conditions; any deviating conditions on the part of the customer that have not been explicitly acknowledged in writing shall not be binding.
2. Placing of orders
2.1. All agreements shall only become binding upon written confirmation by the supplier. The same shall apply for any amendments, modifications and additional agreements.
3. Scope of delivery
3.1. The customer shall be liable for the accuracy of the documents to be supplied by it, including in particular any drawings, templates and samples. As a general rule, samples shall be supplied at cost.
3.2. All information, drawings, illustrations and specifications of services contained in brochures, catalogs, price lists or offer-related documents shall be deemed to be customary approximate values, unless these are explicitly marked as being binding in the order confirmation.
4.1. Delivery times shall only be agreed as approximate values. The delivery times (beginning with the day on which the order confirmation is sent) shall be deemed to have been complied with where the goods have left the plant/warehouse at the agreed time or, in the case of impossibility of shipping, the customer has been notified of the readiness for shipment. In the event delivery is delayed, a suitable extension period must be granted.
4.2. Where later changes are made to the contract by the customer which have an impact on the delivery time, the delivery time may be extended to a suitable extent.
4.3. Deliveries ordered on a call-off basis must be accepted within 12 months of order confirmation.
4.4. Where the supplier is prevented from fulfilling its obligations due to the occurrence of extraordinary, unforeseeable events (whether they occurred at the supplier’s plant or at its own upstream suppliers) which, despite taking the necessary care appropriate for the individual circumstances, could not be avoided, including in particular interventions by the authorities, malfunctions, strikes, delays in the supply of important raw and auxiliary materials, the delivery time shall be extended to a suitable extent. In the event delivery or performance of the contract becomes impossible due to the aforementioned events, the supplier shall be released from its delivery obligation without giving rise to a right to withdraw from the contract or request compensation on the part of the customer. Where the aforementioned obstructions occur on the part of the customer, the same legal ramifications shall apply for its obligation to accept. The contracting parties shall be obliged to immediately inform the other party of any obstructions of the aforementioned type.
4.5. Safety datasheets for delivered products can be downloaded at www.beko-group.com. Upon request, the safety datasheets may also be sent.
5. Returns/return of goods
5.1. Ordered and properly delivered goods may only be returned in exceptional cases and following prior written consent. All items must be returned in their original packaging.
5.2. The credit amount for returned goods shall remain reserved. However, this amount cannot exceed 80% of the invoiced price. At least €25.00 shall be charged as a processing fee.
5.3.For cost reasons, returned goods under €30.00 in net value cannot be credited.
5.4. Custom-made goods or goods that do not feature in our respective valid sales catalog cannot be returned.
6.1. Unless otherwise agreed, all prices are ex-works and do not include costs for packaging, freight, postage and value insurance.
6.2. Where prices are not stated or stated with the reservation “current list price”, the list prices valid on the day of delivery shall be used for calculation purposes. However, this shall only apply for delivery times of more than four months and for price adjustments of up to 10%. For higher price adjustments, a new price agreement is required. If such an agreement is not made, the customer shall have the right to withdraw from the contract. In the event a significant change is made to certain cost factors such as, in particular, costs for wages, primary materials or freight, the agreed price may be adjusted accordingly to a reasonable extent to reflect the impact of these significant cost factors.
7. Payment conditions
7.1.All invoices shall be payable in full within 30 days of the invoice date unless otherwise agreed in writing with the customer.
7.2. If these payment terms are not met, the supplier shall be authorized to charge default interest in the amount of 8 percentage points above the base rate of the ECB.
7.3.Bills of exchange shall only be accepted for the purposes of fulfillment and only upon agreement and on condition of their discountability. Discount charges shall be charged from the due date of the invoice amount. Any guarantee for the proper presentation of bills of exchange and raising of related protests shall be excluded.
7.4. Where, upon conclusion of the contract, a significant risk to any compensation that may be claimed by the supplier arises, the supplier may request prepayment or securities within a suitable period of time, and withhold from performance until its request has been met. Non-compliance with this request by the customer, or where the time period stated expires without action, the supplier shall be authorized to withdraw from the contract or request compensation due to non-fulfillment.
7.5. The customer may only offset any claims against it with counterclaims that have been acknowledged by the supplier or which have been legally established.
8. Shipment and transfer of risk
8.1. Shipments shall be carried out ex-works, unless otherwise agreed, without obligation for the cheapest form of shipping.
8.2. Risk shall be transferred to the customer at the point the goods are handed over to the shipping agent. Where the goods are ready for shipment and shipment or forwarding and/or acceptance is delayed for reasons for which the supplier is not responsible, the risk shall be transferred to the customer upon receipt of the notification of readiness for shipment by the customer.
9. Minimum order amount/allowances
9.1. Orders below a net delivery value of €100.00 are subject to a processing fee.
9.2. Partial deliveries to a reasonable extent, as well as production-related over- or under-deliveries up to 5% of the total order amount shall be permitted.
9.3. In the case of special tool orders, delivery in terms of units may fall short or be exceeded by 5%.
10. Property rights
10.1. The supplier shall reserve ownership and copyright over illustrations, drawings and other documents. They may not be made accessible to others without the consent of the supplier and must be returned to the latter immediately upon request. Pertaining to delivery items, the supplier shall reserve all commercial property rights and existing trademark rights it may have.
10.2. In the event any third-party property rights are violated as part of the manufacture of goods in accordance with drawings, samples or other information belonging to the customer, the customer shall release the supplier from all third-party claims.
11. Reservation of ownership
11.1. The supplier shall reserve ownership of the delivered goods until all claims arising from the business relationship with the customer have been met. In the event of payment on a check/bill of exchange basis, ownership shall be reserved until the bill of exchange has been redeemed by the buyer.
11.2. The customer shall be authorized to sell these goods as part of its ordinary course of business provided it has fulfilled its obligations arising from the business relationship with the supplier in due time. It may not, however, pawn nor assign by way of security the reserved goods. It shall be obliged to secure the supplier’s rights in the event of resale of the reserved goods on credit.
11.3. In the event of delay in payment by the customer, the supplier shall be authorized to request the temporary surrender of the reserved goods at the cost of the customer, without the latter being able to withdraw from the contract and without granting an extension.
11.4. All claims and rights arising from the sale or, as the case may be, lease granted to the customer pertaining to goods for which the supplier has ownership rights, shall be hereby transferred by the customer to the supplier by way of security. The supplier shall hereby accept this transfer.
11.5. Any potential handling or processing of the reserved goods shall always be undertaken by the customer for the supplier. Where the reserved goods are processed or inseparably mixed with other items not belonging to the supplier, the supplier shall acquire co-ownership of the new item in a ratio equal to that of the invoice value of the reserved goods in relation to the other processed or mixed items at the time of processing or mixing. In the event goods of the supplier are joined with other movable items to form one uniform item, or otherwise inseparably mixed, and the other item is considered to be the main item, the customer hereby acknowledges that, where the main item belongs to it, it must proportionately transfer co-ownership to the supplier. The customer shall preserve the ownership or co-ownership for the supplier. With regards to any items created through processing, joining and/or mixing, the same regulation as that pertaining to the reserved goods shall apply.
11.6. The customer must immediately inform the supplier of any compulsory third-party enforcement measures pertaining to the reserved goods or claims and/or securities assigned to the supplier and provide the latter with any documentation necessary for intervention. This shall also apply for impairments/interruptions of any kind.
11.7. The supplier shall be obliged to release any securities it may have in accordance with the above provisions at the request of the customer where the value of the goods assigned as security exceeds that of claims to be secured by more than 20%.
12.1. Where the delivered goods are defective or where guaranteed features are not present, the supplier must, at its discretion and under exclusion of any further warranty claims on the part of the customer, repair or replace the goods. The supplier must be notified of any identified defects immediately in writing. In the case of recognizable defects, the supplier must be notified within 14 days of receipt of the goods. For hidden defects, the supplier must be notified immediately upon discovery of the defect.
12.2. Warranty shall not cover defects arising as a result of unsuitable or improper use, incorrect installation and/or commissioning by the customer or a third party, natural wear, or incorrect or negligent handling. This also applies to any defects arising from improper or non-permitted modifications or repairs performed by the customer or a third party.
12.3. Where the supplier fails to repair a defect or deliver replacement goods within a set extension period, the customer shall be authorized to withdraw from the contract.
12.4. Defect claims by the customer shall expire by limitation after one year from delivery of the goods.
13. Suitability for use, right of modification
13.1. Application, use and processing of the sourced goods shall lie exclusively within the customer’s area of responsibility. The customer shall be obliged to review the suitability of the goods for the intended use where the supplier product has multiple different uses. Oral or written application-related advice by the supplier shall only service as non-binding information.
13.2.Technical modifications and changes to construction shall remain reserved.
14. Other compensation claims
Unless otherwise stipulated in these conditions, parties shall only be liable for compensation due to violations of contractual or non-contractual obligations resulting from intent or gross negligence. In the event of intent or gross negligence on the part of non-management vicarious agents, liability shall only arise where they have violated a significant contractual obligation. Claims under the German Product Liability Act (ProdHaftG) shall not be affected by this provision.
15. Place of performance and jurisdiction
The place of performance for all obligations arising from the contractual relationship shall be the supplier’s place of business. The court with jurisdiction over the supplier’s place of business shall be responsible for all legal disputes, including those pertaining to any bills of exchange/check processes, where the customer is a registered trader, a legal person or special fund under public law.
16. Transferability of the contract
The contractual rights of both parties may only be transferred upon mutual agreement between the parties.