Generel terms, business-, sales and delivery conditions
of the company BECE Leiterplatten-Chemie GmbH
- The following terms and conditions form the basis of all declarations made by BECE Leiterplatten-Chemie GmbH (hereinafter BECE), in particular the offers, order assumptions and deliveries and services. The present general terms and conditions of BECE apply exclusively. Conflicting general business or purchasing conditions of the contracting party apply only to the extent that the company BECE has expressly agreed to this in writing. Sellers, intermediaries or sales representatives of BECE are not entitled to make such notifications or confirmations.
- The terms and conditions shall also apply if the company BECE in the knowledge of conflicting or differing from its terms and conditions of the contractor, the delivery and performance of the contractor without reservation. The provisions of the scope of the goods or services ordered or offered ('goods') shall be governed solely by the mutual written declarations. Insofar as one of the clauses contained in these terms and conditions of sale, sales and delivery or parts of such, for whatever reason, should be ineffective, the legal regulation will take its place.
- Instructions of the contracting party during the execution of the order shall become legally binding only if they have been given to BECE in writing and confirmed by it in writing.
- If statements by the parties require written form according to these terms and conditions, the declarations must be signed by the exhibitor and sent to the other party.
§2 Prices and terms of payment
- Unless otherwise stated in the order confirmation, the prices of BECE "ex works", including packaging, shall apply. Freight costs will be shown separately on the invoice and invoiced according to the provisions of §3.
- The statutory value added tax is not included in the prices of BECE; it will be shown separately in the invoice at the statutory rate applicable on the day of invoicing.
- Unless otherwise stated in the order confirmation or other terms of payment have been expressly agreed in writing, the remuneration shall be paid net (without deductions) within 30 days of the invoice date.
- The contracting party shall transfer payments to the account of BECE at its expense. The fulfilment occurs with final credit on the account.
- The contractual partner is only entitled to set off if it concerns legally established, undisputed or by the company BECE counterclaims. Rights of retention can only be asserted by him insofar as his counterclaim is based on the same contractual relationship.
§3 Shipping and transfer of risk
- The company BECE is entitled in its reasonable discretion to determine the shipping route and shipping method.
- The risk for the goods shall pass to the contracting party upon dispatch, as soon as it is handed over to the freight forwarder or carrier, irrespective of whether it is a customer or a forwarder appointed by BECE, unless the parties have determined differently. The same applies, as far as BECE should have taken over the costs of the transport or the transport itself. In the latter case, BECE GmbH is only liable for grossly negligent or intentional conduct by its legal representatives or vicarious agents.
- At the request of the contracting party the company BECE concludes a transport insurance for the delivery; the costs incurred in this respect shall be borne by the contracting party.
§4 Delivery time
- The deadlines and appointments specified by BECE are non-binding unless expressly agreed otherwise in writing.
- Partial deliveries are permissible if they are reasonable for the contracting party.
- In the casse that the company BECE comes with their performance in default, the company BECE is not liable for resulting delay damage.
- Par. (3) does not apply if BECE acts intentionally.
- Force majeure of any kind, unpredictable traffic, operational or shipping disturbances, fire damage, floods, unpredictable manpower, energy, raw material or excipient shortcomings, strikes, lockouts, official orders or other obstacles for which the party liable is not responsible, which reduce, delay, prevent or make unreasonable the manufacture, dispatch, acceptance or consumption exempt from the obligation to perform for the duration and extent of the disruption. The company BECE is not liable for the resulting damages.
- The party liable for performance must immediately inform the other party of the occurrence of a circumstance referred to in § 4 (5). In this case, the liable party may only terminate the contract if the circumstance under § 4 (5) is not merely temporary and the consideration already granted is returned upon with drawal.
- Unless otherwise stated in the offer or the order confirmation, delivery is agreed "ex works".
- Packaging shall only be taken back if separate written agreements have been made and no mandatory statutory provisions stipulate otherwise.
- All quantities, dimensions and weights are below the usual commercial tolerances.
- For chemicals and other consumables BECE only provides a guarantee for their composition, e.g. for compliance with the formulas or specified ISO standards, unless the company BECE gives additional written undertakings or written guarantees in individual cases. In addition, BECE merely warrants that the goods supplied are suitable for the use required by the contract. Damage caused by non-observance of instructions for use or processing or any other - even slightly negligent - disregard of due care in handling the product will not be compensated by BECE. Assurance of the suitability of the products for the contractually agreed use shall be provided on condition that the contracting party provides BECE with one or more samples and that BECE undertakes a sampling, i.e. a series of experiments in the laboratory, and then give instructions for processing or use. If the contracting party does not take the given instructions for the processing or use of BECE products carefully or if he uses a material that is to be processed which deviates from the one tested and the processing process does not lead to the desired result, the guarantee is Company BECE excluded. The contracting party is obliged to record and store records of the processes and conditions underlying the processing.
- The buyer must inspect the goods immediately upon receipt and immediately notify any defects found in writing. Obvious defects of the delivered goods must be reported in writing to BECE immediately upon receipt of the delivery and hidden defects immediately after discovery of the defect. Complaints due to defective or damaged packaging must be reported immediately to the delivering carrier, forwarding agent or other supplier; the signature of the recipient on the transport documents is a confirmation that the goods did not show any defects on delivery due to faulty or damaged packaging. In this case, BECE GmbH is exempt from liability for such defects. Insofar as defects in the packaging were not visible on delivery (bottles in a carton, seals, etc.), these must be reported in writing to the recipient within 7 days of delivery; Decisive for the timeliness is the receipt of this complaint at the company BECE. Other defects of the goods must be reported in writing without delay, at the latest within 7 days of becoming aware of them.
- Insofar as there is a defect, the company BECE is entitled to choose whether to remedy the defect or to make a new one. The buyer can only request replacement delivery; the defective goods are to be made available to BECE. In the case of removal of defects, the company BECE is obliged, all for the purpose of removing the defect necessary applications, in particular transport, travel, labor and material costs, as far as these are not increased by the fact that the contractual object was moved to a place other than the place of performance.
- If the supplementary performance or replacement delivery fails, then the contracting party is entitled, at its discretion, to demand rescission or reduction. The supplementary performance shall only be deemed to have failed after the second unsuccessful attempt to fulfil the defect, provided that the contracting party has fulfilled its obligations to co-operate. BECE assumes no liability for consequential damage.
- The company BECE is liable according to the legal provisions, provided that the contracting party asserts claims for damages based on intent or gross negligence of the company BECE. The company BECE is in no case liable for slight negligence of its legal representatives or vicarious agents.
- BECE shall be liable in accordance with the statutory provisions if it culpably infringes a material contractual obligation; however, in this case the liability for damages is limited to the foreseeable, typically occurring damage / loss. The compensation for this damage shall be limited to the sum of the payout claim against the liability insurance of BECE for the occurrence of an insured event.
- Legal liability for culpable injury to life, body or health is not affected by the above provisions; this also applies to the mandatory liability under the Product Liability Act.
- (10)Unless otherwise stipulated above, the liability is otherwise excluded.
- The limitation period for claims for defects, including consequential damage, is 6 months, calculated from the transfer of risk. The period of limitation in the case of a delivery recourse according to §§478, 479 BGB remains unaffected; this is five years, calculated from the delivery of the defective item.
§7 Joint liability
- A liability for damages which goes beyond the liability provided for in § 6 shall be excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for damage to property in accordance with §823 BGB.
- This limitation also applies insofar as the contracting party does not demand damages instead of the service, but the reimbursement of useless expenses. Insofar as the liability for damages of BECE is excluded or limited, this also applies with regard to the personal liability for damages of its employees, agents or vicarious agents.
§8 Retention of title
- All deliveries of goods and objects are subject to retention of title (reserved goods). The property is only transferred to the buyer when all the liabilities between him and the company BECE and the companies affiliated with BECE - including those from the current account - have been settled.
- The purchaser is entitled to resell, treat or modify the goods in the ordinary course of business; however, the goods may not be pledged or assigned as collateral. The contracting party must notify BECE immediately in case of seizure or other interventions by third parties in writing so that the action can be brought under §771 ZPO. Insofar as the third party is not in a position to reimburse BECE for the legal and out-of-court costs of a claim in accordance with §771 ZPO, the contracting party shall be liable for the default damage incurred by BECE.
§9 Jurisdiction - Place of performance
- For all disputes relating to sales or deliveries under the above conditions, the local jurisdiction of the court responsible for Mainz is agreed. BECE GmbH is prevented by this agreement from calling a court competent for the buyer. All sales and deliveries on the basis of the above provisions are subject to the law of the Federal Republic of Germany.
- The place of performance is Rheinböllen / Undenheim.
BECE Leiterplatten-Chemie GmbH
D-55278 Undenheim; Deutschland/Germany
Tel.: +49 (0) 6737 / 71 01 46
Fax: +49 (0) 6737 / 71 01 48
BECE Leiterplatten-Chemie GmbH
Industriepark Soonwald 6
D-55494 Rheinböllen; Deutschland/Germany
Tel.: +49 (0) 6764 / 96 11 01
Fax: +49 (0) 6764 / 96 11 03