Terms and Conditions                  

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Terms and Conditions

Terms and conditions

 

We sell the goods specified in detail to the conditions printed below .


§ 1 prices , terms of payment


Unless the order confirmation provides otherwise , our prices are "ex works" including packaging, which will be invoiced separately .

VAT is not included in our prices . It is reported in the statutory amount on the invoice in the invoice separately.

Deduction of discount requires a special written agreement .

Unless stated otherwise in the order confirmation , the purchase price in full within 30 days of the invoice date payment is due. The legal rules governing the consequences of default .

 

§ 2 Delivery time


The beginning of the quoted delivery time assumes the clarification of all technical questions.

Compliance with our delivery obligation requires the timely and proper fulfillment of the obligation of the customer. The defense of breach of contract is reserved.

The customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for damages incurred by us , including any additional expenses. Further claims or rights are reserved.


§ 3 Warranty


The customer can ask for a warranty repair initially only .

We can rectify instead , provide a replacement item .

The customer can ask for the cancellation of the contract ( rescission) or reduction in price (reduction) if the repair fails or refuses a replacement from us or is not completed within a 6-week period after failed repair , the term begins on the date of receipt of the written notice of default .


§ 4 Liability


We are liable according to the statutory provisions , if the customer claims damages based on intent or gross negligence , including intent or gross negligence of our representatives or vicarious agents. In addition, a liability is excluded.

The liability for culpable injury to life, body or health remains unaffected . This also applies to mandatory liability under the Product Liability Act .


§ 5 Installation Requirements and Responsibilities


As part of the implementation of the contract, the customer is obliged to ensure that the installation of the equipment ordered by him and their operation can be performed smoothly. He especially to take care that the to be provided by him are available roof or building surfaces before starting assembly work in the contractual status and any agreed preparatory work is done. Also, the driveway with heavy truck must be enabled . Us is to enable an unhindered access to the building .

Will be charged to us by the customer drawings , plans or static calculations of the building , on which we must mount systems available, so we are not required to check the accuracy of these documents . We will basically make any review of these documents , unless this is expressly agreed in writing.

    

§ 6 Scope


Our conditions of sale shall apply exclusively; contradict or deviate from our Terms and Conditions of the customer will not be accepted unless we have expressly agreed in writing . Our sale also apply if we carry are aware of conflicting or deviating from our terms and conditions of the customer delivery to the customer without reservation .

Our Sales Conditions apply only to companies within the meaning of § 310 paragraph 1 BGB .


§ 7 offer - Offer documents


If the order as an offer . To qualify § 145 BGB, we can accept within two weeks.

To illustrations, drawings, calculations and other documents we retain ownership and copyright . This also applies to written documents that are marked as "confidential " . Before passing on to third parties of our express written consent.

 

§ 8 Transfer of risk - packaging


Unless stated in the order confirmation, delivery shall be " ex works".

Packaging costs are , unless otherwise agreed to by the customer.

If the customer wishes, we will cover the delivery by a transport insurance , the costs of which shall be borne by the customer .

 

§ 9 Liability for defects


The customer warranty claims presuppose that this is properly fulfilled his obligation under § 377 HBG inspection and complaint .

If a defect in the purchased goods , the customer is entitled to choose between performance in the form of a defect or delivery of a new defect-free . In the case of defects or replacement delivery, we are obliged to bear all for the purpose of supplementary performance, in particular transport , travel , labor and material costs, provided that this does not increase because the goods to a location other than the place was spent .

If subsequent performance fails , the customer is entitled to choose to demand withdrawal or reduction.

We are liable according to the statutory provisions , if the customer claims damages based on intent or gross negligence , including intent or gross negligence of our representatives or vicarious agents. If we are not accused of intentional breach of contract , the liability for damages is limited to foreseeable , typically occurring damage.

We are liable according to the statutory provisions if we culpably infringe any essential contractual obligation in this case, however, the liability for damages is limited to foreseeable , typically occurring damage.

If the customer is entitled to claim damages instead of performance, our liability shall be limited to replacement of the foreseeable, typically occurring damage .

The liability for culpable injury to life , body or health remains unaffected , and this also applies to mandatory liability under the Product Liability Act .

Unless stated above not inconsistent herewith , the liability is excluded.

The limitation period for warranty claims is 12 months from the transfer of risk.

The limitation period in case of a delivery recourse pursuant to § § 478, 479 BGB remains unaffected. She is 5 years from delivery of the defective item .


§ 10 Retention of title


We reserve title to the goods until receipt of all payments from the delivery . Breach of contract by the customer, especially in case of default , we are entitled to take the goods back . The taking back of the goods by a withdrawal from the contract. We are entitled to sell the goods to sell them , the proceeds of sale to the customer's liabilities - minus reasonable costs - will be deducted .

The customer is obliged to handle the goods with care . He is especially obliged to insure the goods against fire, water and theft at replacement value . If maintenance and inspection work are required to perform this at his own expense , the customer must .

In the event of attachments or other interventions, the customer must notify us immediately in writing so that we can assert our rights to us .

The customer is entitled to resell the goods in the ordinary course of business , however, he assigns to us all claims in the amount of the invoice amount (including VAT ) of our claim accruing to him from the resale against his customers or third parties , regardless of whether the goods have been resold without or after processing. To collect this debt , the customer remains even after the transfer authorized . Our authority to collect the claim ourselves remains unaffected. However , we undertake not to collect the claim as long as the customer meets his payment obligations from the collected proceeds , is not in default and in particular no application to open insolvency or composition proceedings has been made , or payments. If this is the case , we can demand that the customer gives us the assigned claims and their debtors , provide all information necessary for collection , hand over the relevant documents and the debtors (third parties ) of the assignment .

The processing or transformation of the goods by the customer is always done for us . If the goods are processed with other objects not belonging to us , we acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. Goes for the object created by processing the same as for the goods delivered under retention of title .

If the goods are inseparably mixed with other items not belonging to us , we acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of mixing. If the mixing is such that the object of the customer is to be regarded as the main item , it is agreed that the customer shall transfer proportionate co-ownership to us . The customer shall keep the sole ownership or co-ownership for us .

The customer also assigns to us the claims to secure our claims against him, which with a property by the connection of the goods to a third party .

We undertake to release the securities due to us upon request of the customer insofar as the realizable value of our securities exceeds the secured claims by more than 10 %, the choice of the securities to be released .

 

§ 11 Jurisdiction -

 

If the customer is a merchant, our registered office is jurisdiction , we are , however, entitled to sue the customer at his place of residence.

The law of the Federal Republic of Germany and the application of UN purchasing law is excluded .

Unless stated in the order confirmation, our business is the place of performance .

 


General Conditions of Purchase


§ 1 Scope


Our terms and conditions apply exclusively; contradict or deviate from our Terms and Conditions of suppliers, we do not recognize it unless we have expressly agreed to their validity in writing .

Our conditions of purchase apply, even if we assume knowledge of contradictory or deviating from our Terms and Conditions of the supplier the supplier's delivery without reservation.

Our terms and conditions apply only to companies acc. § 310 paragraph 1 BGB .

 

§ 2 Offer


The supplier is obliged to accept or reject our orders within a period of two weeks. He does not explain , we are no longer tied after two weeks our order.

To illustrations, drawings, calculations and other documents we retain ownership and copyright and must not be disclosed to third parties without our express written consent . They are to be used exclusively for production and due to our order and then returned voluntarily . Third parties , they must be kept secret .

 

§ 3 Prices


The price specified in the order is binding and sees itself as free delivery including packaging . VAT is to be shown , otherwise it is considered as included in the price .

 

§ 4 Delivery time


The delivery time stated in the order is binding.

The supplier is obliged to inform us immediately in writing if circumstances occur or become known to him , from which it follows that the agreed delivery time can not be met.

 

§ 5 Passing of risk


Delivery shall , unless otherwise agreed in writing, made ​​free .

 

§ 6 defects - defects liability


We are obliged to examine the goods within a reasonable period for any Regulatory Compliance quantity deviations , the complaint is timely if it is received within a period of 5 working days from receipt of goods or in case of hidden defects, from their discovery .

The legal warranty claims are unabridged and in any case we are entitled to demand that the supplier either repair or supply a new thing. The right to damages , in particular for damages instead of performance is expressly reserved.

We are entitled to make at the expense of the supplier to remedy the defect itself , when the supplier is in default.

The limitation period shall be 36 months from the transfer of risk to the extent not interfere with the mandatory provisions of § § 478, 479 BGB.


§ 7 Product Liability


If the Supplier is responsible for product damage , he is obliged to provide us against third party claims at the first request when the cause is in his control and organization and he is liable in relation to itself .

As part of its liability for claims , the supplier is also obliged to reimburse any expenses acc. § 683 , 670 BGB or acc. § § 830 , 840 , 426 BGB arising out of or in connection with any of our recall action. We are the supplier of the content and scope of the recall measures - as far as possible and reasonable - and give him the opportunity to comment. Not affect any other statutory rights .


§ 8 Rights


The Supplier guarantees that, in connection with his delivery, no rights of third parties within the Federal Republic of Germany .

Will we take advantage of a third party because of such infringement , the supplier is obligated to indemnify us on first written demand from such claims . The indemnification obligation of the supplier refers to all expenses incurred by us arising from or in connection with the claim by a third party .

 

§ 9 Jurisdiction -


If the supplier is a merchant, our business is the place of jurisdiction. However, we are entitled to sue the supplier at his place of residence.

Unless the order provides otherwise , our business is the place of performance .

 


As of July 2013