1. VALIDITY
All orders will only be accepted or executed on the basis of the following General Terms and Conditions, unless they are modified or excluded with our express written consent. Any cancellation or modification of individual components of the General Terms and Conditions only applies to the respective contract conclusion.
2. COUNTERCONDITIONS
Customers’ own terms and conditions that conflict with our General Terms and Conditions are invalid, even if we do not expressly object to them.
3. CONCLUSION OF CONTRACT
3.1 Conclusion of contract via sales representatives: All agreements with our sales representatives only become legally effective upon written confirmation by the managing director of BEWA GmbH.
3.2. Conclusion of contract after inquiries: We are bound to a contract offer made by us for 4 weeks. In this case, a contract is only concluded with a delivery contract signed by the client, which must be countersigned by the managing director of BEWA GmbH.
3.3. The documents attached to the contract offer, such as quantity calculations, illustrations, drawings, weight and dimensions, are only approximate unless they are expressly designated as binding. We reserve ownership and copyright to cost estimates, drawings and other documents; they may not be made available to third parties without our consent. If the order is not placed, these documents must be returned to us.
3.4. It is rarely possible to determine the exact area down to the square meter. Leftover material can only be credited less our costs (20% of the net sales value of the goods) if we have expressly agreed to the return and if it is delivered freight-free, in perfect condition, in unopened, originally sealed packaging units and within six months of delivery to our warehouse in Obersülzen/Grünstadt.
4. PRIZES
The prices specified in the supply contracts apply.
5. PAYMENT CONDITIONS
5.1. Payments with a debt-discharging effect can only be made to us as the invoicing company. Other persons are not authorized to collect the payment.
5.2. The purchase price is payable without deduction before the goods are loaded. Sales on account require a written agreement. Payments to the account can be agreed upon acceptance of the offer.
5.3. In the event of late payment, the occurrence of payment difficulties, the initiation of bankruptcy or composition proceedings by the customer, we have the right to declare all liabilities arising from the business relationship as immediately due. In addition, we reserve the right, without prejudice to our other rights, to demand security and advance payments for all outstanding deliveries or the execution of the order itself.
5.4 In the event of late payment, we will charge interest at a rate of 15%, subject to the right to claim further damages.
5.5. Only undisputed or legally established claims entitle the Buyer to set-off or retention.
6th delivery
6.1 Prices are ex works.
6.2. We will endeavour to adhere to the delivery deadlines specified by us and carefully agreed upon. We are entitled to make partial deliveries.
6.3. If the shipment is delayed at the request of the customer, the customer will be charged for the costs incurred by storage, starting one month after notification of readiness for delivery, but at least 1% of the invoice amount for each week of storage. We are entitled, after setting a reasonable deadline and its fruitless expiry, to dispose of the delivery item in another way and to deliver to the customer within a reasonably extended deadline.
6.4. Our delivery periods shall be extended by the period by which the customer is in default in fulfilling his contractual obligations under this or another contract.
6.5. In cases of force majeure – circumstances and events that cannot be prevented with the care of a prudent businessman (strikes, lockouts, shortages of raw materials, traffic disruptions, orders from higher authorities, war, etc.) – which result in a partial or complete cessation of work in our company or in the company of our suppliers, we are released from the obligation to provide a reasonable start-up time for the duration of the disruption and to the extent of its effect. This also applies if the aforementioned circumstances occur during a delay in delivery.
6.6. If the delay in delivery is due to other circumstances and if, in exceptional cases, a guarantee was given for compliance with a deadline or date, the customer must grant us a reasonable grace period, but at least 4 weeks, starting from the day of receipt of the written notice of default by the customer or, in the case of a calendar-based delivery period, upon its expiry, within which delivery must then take place.
6.7. If the customer has paid for the goods before delivery, we undertake to refund the amount paid within 10 days at the customer’s request in the event of a delay in delivery, regardless of the reason.
6.8. Returns of goods require our prior consent. In the case of returns, there is no entitlement to a deferral of due invoice amounts.
6.9. The risk shall pass to the purchaser upon handover of the goods to the forwarding agent or carrier, but at the latest upon the goods leaving the warehouse or delivery plant.
This also applies if partial deliveries are made or if we have assumed additional services such as shipping costs or delivery. Our obligation to deliver is then deemed to have been fulfilled. If, in exceptional cases, we bear the risk during transport, we are only liable to the extent that we are liable to the carrier or the person otherwise entrusted with the transport. We will endeavour to take the wishes and interests of the customer into account with regard to the type and route of shipment. Any additional costs resulting from this must be borne by the customer, even if freight-free delivery has been agreed. If shipment is delayed due to circumstances for which we are not responsible, the risk is transferred to the customer from the day the goods are ready for shipment. For deliveries within Germany, we will take out transport insurance which covers the goods until they arrive at the destination specified in the order, not unloaded.
7. WARRANTY
7.1. All information regarding the suitability, processing and application of our products, technical advice and other information are provided to the best of our knowledge, but do not release the purchaser from carrying out their own tests and trials.
7.2. Complaints can only be considered within a period of 8 days after receipt of the goods, in the case of hidden defects after their discovery, but no later than 6 months after receipt of the goods, if they are made in writing with a precise description of the defects and with the attachment of supporting documents and if the goods have not yet been used. Defects will only be accepted if more than 5% of the respective delivery is defective. Dimensional tolerances of +/- 1%, but at least +/- 2 mm, as well as tolerances in weight and strength of +/- 10% do not entitle the buyer to complain about defects in rigid foam formwork blocks. The same applies to color differences in formwork blocks made of Neopor, which can occur due to production reasons.
7.3. We cannot accept any liability for damages caused by the following reasons:
Unsuitable or improper use, faulty assembly by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground as well as chemical, electrotechnical and other influences for which we are not responsible.
7.4. Our warranty obligation is limited to replacement delivery, conversion, reduction or repair at our discretion. The customer must mutually give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we reasonably deem necessary, otherwise we are released from liability for defects.
7.5. We are liable for consequential damages in accordance with statutory provisions, but only in the case of gross negligence up to 25% of the amount charged for the defective item or the defective service.
8. RESERVATION OF TITLE
8.1. The goods sold remain our property until our claims from the business relationship have been paid in full, in particular from any current account balance. The buyer is entitled to resell the goods or to process the goods further as part of proper business operations.
8.2. The retention of title extends to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we are considered the manufacturer. If the ownership rights of third parties remain in place during processing, mixing or combining with goods of third parties, we acquire co-ownership in proportion to the invoice values of these processed goods.
8.3. The purchaser hereby assigns to us as security any claims against third parties arising from the resale, either in full or in the amount of our possible co-ownership share. We are entitled to notify the third party of the assignment if the purchaser defaults on his payment obligations, files for bankruptcy, files for composition or otherwise becomes insolvent.
The customer undertakes to inform us of the names of the third-party debtors and the amounts of the claims upon request.
8.4. The purchaser is not entitled to collect the assigned claim as long as he has not fulfilled his obligations towards us.
8.5. In the event of a resale, the purchaser must in any case expressly inform the third party of the existing retention of title.
8.6. If the goods subject to retention of title are seized, confiscated or otherwise exposed to third-party access at the buyer’s premises, we must be informed immediately.
8.7. The goods delivered and the claims replacing them may not be pledged to third parties or assigned as security until our claim has been paid in full.
8.8. If the customer breaches the contract, in particular if payment is delayed, we are entitled to take back the goods after issuing a reminder and the customer is obliged to hand them over. The assertion of the retention of title by us does not constitute withdrawal from the contract.
9. PARTIAL INVALIDITY
Should any provision of these General Terms and Conditions be or become invalid or should a gap emerge, an appropriate provision shall apply which, within the scope of what is legally possible, comes closest to what the parties intended or would have intended if they had considered the point.
10. PLACE OF PERFORMANCE AND JURISDICTION
10.1. The place of performance for delivery is the respective place of departure of the goods. The place of performance for the obligations incumbent upon the customer is our place of business.
10.2. If the customer is a registered trader, all disputes arising from the contractual relationship must be brought before the court having jurisdiction over our place of business. We are also entitled to bring an action at the customer’s place of business.
10.3. All disputes shall be governed by the law of the Federal Republic of Germany.