Terms of sale, delivery and payment

BETA Maschinenbau GmbH & Co. KG, Nordhäuserstr. 2, 99765 Heringen, Germany with the registered trademark "Loadlimit" - hereinafter also referred to as supplier.

1 General - Scope

Our offers are aimed exclusively at entrepreneurs (in accordance with § 14 BGB), legal entities under public law or special funds under public law, hereinafter referred to as entrepreneurs. The offers are therefore not available to end users.
Our sales, delivery and payment conditions apply exclusively. We do not accept deviating or conflicting terms and conditions of the customer, unless we expressly agree to their validity in writing.
Our conditions of sale also apply if we carry out the delivery to the customer without reservation in knowledge of deviating conditions of the customer.
All agreements made between the supplier and the purchaser for the purpose of executing a contract are laid down in writing in this contract.

2 contract conclusion

A contract is only concluded upon the issue of our written order confirmation or by delivery.
The products in our online shop are not a legally binding offer, but to understand as a non-binding invitation to order. We reserve the right to technical or production-related changes to descriptions, illustrations, drawings, weight and dimensions in our catalogs and online store, as far as they are within the usual commercial tolerances. Errors in presentation are reserved.
The ordering process in our online shop uses a virtual shopping cart in which the customer collects items. Before completing the ordering process, the customer can at any time, by calling the individual articles, inform about their described properties. By clicking on the button "Order for a fee", the customer makes a binding offer to conclude a purchase contract. The order will be forwarded to us immediately. The customer receives a confirmation of the order by e-mail. This confirmation is expressly not an order confirmation.
Unless otherwise agreed, we are not obligated to provide design drawings or CAD files. However, if we do this, it is voluntary. We accept no liability for the accuracy, completeness or timeliness of the data. The use of this data, by the customer, is at your own risk.

3 prices and payment terms

Our prices are quoted ex works (XXXX), plus packaging, shipping and insurance, as well as statutory VAT, unless explicitly stated otherwise.
Basically EXW is according to INCOTERMS 2010 as agreed.
Unless otherwise agreed, payment is due within 30 days of receipt of the invoice, net of any deduction.
Our prices are based on calculation bases and costs at the time of the conclusion of the contract. If the delivery is made later than 6 months after the conclusion of the contract for reasons for which we are not responsible, we may adjust the prices up to the list prices applicable on the day of delivery - less any originally agreed rebate.
If our claims are jeopardized due to a significant deterioration in the economic circumstances of the customer, we shall be entitled to make the processing of all orders of the customer dependent on an advance payment or a security deposit.
Offsetting against counterclaims of the purchaser as well as the retention of payments on the basis of such claims shall only be admissible if the counterclaims are undisputed or legally established or are in a reciprocal relationship with our claims. The purchaser is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship, an undisputed or a legally established claim.

4 delivery dates

Unless otherwise stated, the delivery times specified in the product description apply to all products.
These deadlines are no longer binding if changes or additions to the scope of services are agreed after conclusion of the contract. In this case, the deadlines are extended appropriately, unless otherwise agreed.
If we are unable to meet delivery dates for reasons beyond our control (breakdowns, strikes, lockouts, energy supply difficulties, delays in the delivery of essential substances, etc.), we will inform the customer without delay.
However, if it is not foreseeable that we will be able to render our service within a reasonable period of time, but at the latest within four months, then both we and the customer are entitled to withdraw from the contract. The same applies if the reasons for hindrance persist after four months have elapsed since our notification.

5 passing of risk and acceptance

The risk passes to the purchaser as soon as we hand over the goods to the commissioned forwarder, carrier or other deliverer to carry out the shipment.
We are entitled to make partial deliveries if they can be used by the purchaser within the scope of the contractual purpose and the purchaser can not incur any significant additional expenses or costs.
the case of special versions deviating from the standard program, quantity deviations from (in the customary range of the trade) up to 10% in relation to our order confirmation are permitted. In this case the actually delivered quantity is calculated.

6 Retention of title

Goods delivered by us remain our property until full payment. Goods which the customer has not paid in full prior to delivery shall remain our property until the customer has fulfilled all our claims arising from the entire business relationship.
The customer is obliged to separately store and label the goods subject to retention of title. He must insure the goods subject to retention of title, at his own expense, against harmful influences such as fire, water, burglary and theft. The customer assigns to us in advance the claims against the insurance. Upon request, the insurance policy is to be sent to us for inspection.
If third parties access our property, the customer must notify us immediately. The customer bears all costs that must be expended against the access or to a replacement of the goods.
The customer is entitled to sell the reserved goods in the ordinary course of business, as long as he is not in default. However, pledges or assignments are not permitted. The purchaser hereby assigns the claims resulting from the resale or any other legal reason (insurance, unauthorized action) to us in full. We authorize him revocably to collect the claims assigned to us for our account in his own name. The customer must disclose the assignment at our request and provide us with the data and documents required for the collection of the claim.
If the reserved goods are combined with other objects, the reserved property will continue to the newly arising object. By doing so, we acquire co-ownership in the ratio of the value of the reserved goods (invoice value) to the value of the other connected goods. The purchaser keeps the new thing free regarding our co-ownership share. If the reserved goods are sold as part of the new item, the agreed advance assignment shall also apply in the amount of the invoice value of the reserved goods.
If the law of the country in which the delivery item is located does not permit the retention of title or only in a limited form, we may reserve other rights to the entire delivery item. The customer is obliged to participate in all necessary measures for the realization of the retention of title or the other rights which replace the reservation of title.

7 claims for defects

If there is a defect in the purchased item, we shall be entitled to supplementary performance in the form of a remedy of defects or alternatively to the delivery of a new defect-free item. A defect does not exist if the complaints are due to improper installation or treatment, to improper use or natural wear and tear.
the case of a replacement delivery, the purchaser has to return the defective item according to the statutory provisions. The expenses required for supplementary performance, in particular transport, labor and material costs, are borne by us. However, this does not apply if the costs increase because the item is in a place other than the intended use.
We are entitled to make the subsequent performance dependent on the buyer paying the purchase price due. In return, the purchaser is entitled to retain part of the purchase price that is proportionate to the defect.
The limitation period for claims for defects is - except for malice - 12 months, taking into account the usual legal deadlines. The period begins on delivery or, if acceptance is required, upon acceptance.
For the rest, the purchaser has no further claims.

8 Liability

For a culpable breach of essential contractual obligations, we are liable according to the statutory provisions. Essential contractual obligations are those obligations which characterize the typical purpose of the contract, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely.
However, if we can not be shown to be grossly negligent or intentional, we will be liable only for the damage that usually occurs and is foreseeable. In all other cases we are liable, if a damage has been caused by one of our legal representatives or vicarious agents intentionally or through gross negligence.
the case of the assumption of a guarantee above with damages by the injury of the life, the body or the health we are liable within the scope of the legal regulations. In addition, compensation claims for breach of duty against us are excluded.
Liability in accordance with the Product Liability Act remains unaffected. Claims for damages become time-barred within the statutory periods.
Claims for damages for breach of the obligation to remedy in accordance with §§ 437 No. 1, 439 BGB exists only if the purchaser has requested supplementary performance during the 12-month limitation period, but we have violated our supplementary performance obligation.

9 Final provisions

All prices are in Euro. Payments must be made in euros.
The place of fulfillment for all obligations of both parties is the head office of the supplier.
Exclusively the law of the Federal Republic of Germany under exclusion of the UN sales law applies, even if the customer has his company or domicile abroad.
As the place of jurisdiction - also for bill of exchange, check and document processes - the headquarters of the supplier is agreed as far as this is permissible according to § 38 ZPO. However, the supplier is also entitled to sue at the customer's headquarters.
Insofar as these terms and conditions are wholly or partially invalid, the remainder of the contract remains valid. Insofar as individual provisions are ineffective, the content of the contract is governed by the statutory provisions.

Herring, 01.09.2018