T & C's
General Terms and Conditions
The general terms of delivery and business apply for all completed sales transactions, service and delivery contracts and any connected order processing and supplementary agreements between BG-Betonwaren GmbH in 81929 Munich, hereinafter referred to as “BG”, and the respective business associate, hereinafter referred to as “Partner” or “Customer”. By placing an order, the Partner accepts these general terms of delivery and business. Deviations from these delivery and business terms are only legally effective if they have been expressly confirmed by a written declaration from BG. The purchasing conditions of Partners have no validity, even if BG has not disagreed with them.
2. Offers and conclusion of contract:
All price information in the lists and offers is non-binding as long as no binding period is set. All significant information such as dimensions, weight, images, descriptions, sketches and drawings in price lists, catalogues and other representations is determined as best as possible, however it is not binding. Any order acknowledgement from BG does not represent a binding acceptance of the order. The order acknowledgement only represents a declaration of acceptance when BG confirms the order. BG is entitled to accept the offer contained in the order within two weeks. If an order is placed through electronic channels then BG is entitled to accept the order within three working days after it was placed. BG is entitled to reject the order without cause.
3. Price and invoicing:
Offer and invoice prices are quoted as the net price, plus VAT. For the invoicing, the sizes and quantities of the delivery or service actually provided apply. Insofar as nothing to the contrary is agreed, the prices in the offers and brochures are quoted ex works. If a delivery is agreed upon, it shall be charged separately to the Customer. If the order quantity is different from the offer, BG reserves the right to modify the price accordingly. Services in excess of the offer from BG, which arise from changes required by subsequent requests from the Partner or during the execution of the contract, must be paid to BG separately. The modification of a cost element entitles BG to make a corresponding correction in the price.
BG will adhere to the given and agreed delivery deadlines as far as possible. The Partner waives any right to claim for damages due to a delay in delivery. In cases of third-party negligence, through self-delivery which is not on schedule, and in all cases of force majeure, BG is not bound to the agreed upon delivery deadlines. In cases such as this, the delivery time is extended by the duration of the hindrance and neither can damages be claimed, nor a possible administrative fine or any claim be levied against BG. If the delivery or services are no longer possible because of these circumstances, then BG is released from its delivery and contractual obligations. In the case of a delay in acceptance by the Partner, BG is entitled to store the goods at the expense and risk of the Partner, to charge for the goods and have the fee paid to it as agreed, or to withdraw from the contract and sell the goods elsewhere. Delivery activities never include unloading by the supplier. The unloading must be carried out in line with the requirements and promptly using the working equipment and labourers made available by the Customer. The risk is always transferred to the Customer when the delivery leaves the factory.
5. Pallets – Return of pallets
Most of the products can only be delivered on pallets. The Partner agrees that EURO pallets are invoiced at 15.00 EUR, plus VAT, and that it will pay for them. If the EURO pallets are returned to BG by freight-free delivery in perfect condition within four weeks, the Customer shall receive a credit note. The Customer or Partner shall receive no remuneration for the return of disposable pallets (which are identified as such).
6. Returned goods and refunds
Goods delivered by BG can only be returned by mutual consent if they are in perfect condition and are sent back freight-free. For goods which have been returned, the Customer pays the transport costs by the hours worked, at a rate of €30.00 / h, and a shipping lump sum of €40.00. Made-to-measure products cannot be returned.
7. Cancellation of orders
In the case of all withdrawals, including the partial withdrawal of the Customer from orders which have already been placed, a cancellation fee of 25% is agreed upon. After production for an order has begun, the order cannot be cancelled.
Unless otherwise agreed, payments are to be made immediately upon receipt of invoice as agreed and without any deductions. Partial deliveries will be immediately charged by BG. Payment dedications are not binding for BG. If the Partner clearly has a poor credit rating or if the Partner is in default of the agreed payment, BG is entitled to
1) postpone the delivery or completion of the order until the outstanding payment has been settled
2) make the further processing of the order dependent on the transfer of a reasonable security deposit
3) withdraw from the contract after a reasonable grace period.
Faults and complaints do not annul the Customer’s payment obligations either partially or wholly. The Customer is obligated to bear all costs and efforts associated with the collection of a receivable due, especially collection expenses or any other expenses required for an adequate prosecution of the matter. The Customer only has the right to bill for these costs if its claims have been declared final and absolute in a court of law or if they have been confirmed by BG. The Customer is not entitled to hold back payments.
9. Retention of ownership
Until payment has been received in full, the goods delivered by BG remain the property of BG. When placing an order, the Customer relinquishes to BG its claims to the purchase price from its own customer, arising from the resale of the goods which are subject to retention of title. BG may, at any time, inform third parties that those claims have been relinquished. The Customer is obligated to indicate in its books and on the invoices sent to the customer that the claims have been relinquished. The payments by the end customer or the Partner to satisfy the debts can only be made directly to BG from this point. In the case of the seizure of goods belonging to BG by the Partner's creditors, the Partner must inform BG of this immediately and cover all costs incurred by BG when releasing these goods from third parties' rights. If insolvency proceedings are opened against the assets of the Partner, or if the late payment is more than 30 days overdue, BG is entitled to collect the goods which are under its retention of ownership from the end customer or the Partner and can use them as company property again. If BG takes back products due to the retention of ownership, the Partner is liable for any shortfall of revenue that results from reselling these goods.
10. Guarantee and liability
In accordance with Section 437 BGB [German Civil Code] and the Werkvertragsrecht [contract for work and services] in Section 634 BGB, BG shall grant the rights that the Customer, or the order placer can legally claim on the basis of the existence of a defect. BG vouches for the promised characteristics, functionality and freedom from error of the delivered goods according to the current state of the art. When the goods are handed over to the Customer or its agents, their quantity and condition has to be counted and checked. Rejected goods should not continue to be used or put into circulation. The Customer must inform BG within three days and submit a detailed complaint. To eliminate the defect and for any defects to the delivered goods recognised by BG, BG can, within a reasonable grace period, either make improvements at its own discretion, deliver the missing objects or deliver a full replacement. In this case, all claims, particularly those regarding cancellations and price reductions, are expressly not valid. The guarantee shall expire if the delivered object is processed or modified by the Customer or by any third parties. All guarantee claims comply with Section 438 para. 1 No. 3 BGB, and expire 2 years after the delivery of the objects. They also expire if installation guidelines, data sheets and technical instructions for the installation, handling and use are not applied, or if the Customer or third party assembles or further processes the objects incorrectly. The Customer is solely responsible for providing evidence for all qualifying conditions, in particular for the defect itself, for the time that the defect was found and for the punctuality of the complaint regarding the defect. The Customer can only claim damages from BG for intentional or grossly negligent action. Any liability for consequential damages, as well as for installation and removal costs, is categorically excluded. The Customer is fully responsible for providing evidence for all qualifying conditions, in particular for the defect itself, for the time that the defect was found and for the punctuality of the complaint regarding the defect. The Customer can only claim damages from BG for intentional or grossly negligent action. Any liability for consequential damages, as well as for all resulting assembly costs, is categorically excluded.
11. Place of fulfilment, place of jurisdiction and applicable law
The place of fulfilment is the location of the headquarters of BG, namely Munich. For all conflicts arising from this contract, the ordinary court of law in the location of the headquarters of BG is responsible. German law shall apply.
12. Partial ineffectiveness
Should individual provisions of these general conditions of sale and delivery be fully or partially ineffective, the remaining provisions are still fully effective. The provision concerned is to be reduced to preserve its validity. The agreement is to be supplemented and designed so that the desired results of the parties can be achieved to the greatest possible extent.