These General Standard Terms and Conditions are pre-formulated terms for a multitude of contracts which BEVISTON GmbH imposes on the other contracting party when concluding a contract. General
Standard Terms and Conditions do not apply when the terms are negotiated in detail between the contracting parties (cf. AGB-Gesetz § 1 – German law on General Standard Terms and Conditions).
Furthermore, possibly made individual agreements prevail.
01. Offer, conclusion of contract
These General Standard Terms and Conditions apply for all – also future – shipments and services. Contradictory General Standard Terms and Conditions of the purchaser shall be explicitly
rejected. They do not even oblige us if we have rejected them explicitly again after their receipt.
Our offers are always subject to our final confirmation. Conclusions of contracts, other agreements, side-agreements become obligatory by our written confirmation. If the customer’s order is
proven appropriate as offer in accordance with § 145 BGB, we shall be allowed to accept it within two weeks. The purchaser shall be principally bound to his orders. The purchase contract shall be
considered as concluded if
- the purchaser receives a written order confirmation,
- the shipment is carried out.
Pictures in catalogues and brochures are not binding. We reserve us the right to changes in performance and material. Apparent errors, typing and printing errors or calculation mistakes are not
binding. In case of calculation mistakes, we shall be entitled to correct the prices mentioned by us. In this case the purchaser shall have the possibility to withdraw from the contract within an
appropriate period after receipt of the correction. Any further claims shall be excluded.
02. Shipment and transfer of risk
Our shipments of goods are ex works Nordholz in accordance with the Incoterms 2010. If the destination of the shipment is changed afterwards by the purchaser’s request, the purchase shall bear
all resulting additional costs of the shipment. In all cases the risk of shipment shall be transferred to the purchaser at the moment of provision of the goods in our warehouse, also in case we
bear the freight charges due to special agreement. It principally applies that we only take out shipping insurance, particularly when shipping dangerous goods, on demand and at expense of the
purchaser. The purchaser shall not be allowed to refuse the acceptance in case of a not essential fault. If the shipment or the acceptance of the shipment is delayed or omitted as a result of
circumstances which are not caused by us, the risk shall be transferred to the purchaser on the day of the notification of the readiness for dispatch respectively acceptance. Partial shipments
shall be allowed as far as they are acceptable for the purchaser.
We invoice our prices valid at the time of the shipments. In case our prices generally increase in the period between conclusion of the contract and shipment, the customer shall be entitled to
withdraw from the contract within two weeks after notification of the price increase. This right to withdrawal does not apply in case of supply contracts established on a lasting basis.
The legal value added tax (VAT) is not included in our prices; it shall be stated separately in the invoice at the applicable rate at the date of the invoice.
04. Time of delivery
An agreed time of delivery shall start with the day of the final clarification of all details respectively of the dispatch of the order confirmation. The time of delivery shall be considered as
met if we have shipped the goods on the last day of the agreed time. In case of later change of order, the originally agreed and confirmed time of delivery shall prolong appropriately. If the
shipment is delayed for reasons caused by the purchaser, the time is considered as met with notification of the readiness of dispatch within the agreed time. If we are in delay with delivery for
reasons we have not caused, the liability for compensations for damages which are immediate results of the delayed delivery shall be limited to the amount of the predictable damages.
05. Terms of payment
Our invoices are payable by the purchaser within 10 days after invoice date with a discount of 2% or within 30 days net unless other conditions will be confirmed by us in the order
acknowledgement. Invoices for services are immediately payable due net. The deduction of a higher discount than 2% shall be excluded!
The purchaser shall default if he does not settle due payments within at least 30 days after receipt of invoice or equivalent request for payment. We reserve us the right to effect the default at
an earlier date by issuing a reminder received after due date. If the purchaser is in delay of payment, we shall be entitled to claim default interests amounting to 9% p. a. above the relevant
base interest rate. If we are able to prove a higher damage, we shall be entitled to claim it. The purchaser shall only have set-off rights if his counterclaims are established as legally valid,
uncontested or accepted by us. Furthermore, he shall be authorised to carry out a right of retention insofar as his counterclaim is based on the same contractual relationship.