Terms of delivery · Catalogue 33
All goods and services are subject solely to the “General Terms of Delivery for Products
and Services of the Electrical Industry” issued by ZVEI (Zentralverband Elektrotechnik-
und Elektronikindustrie e.V.) in their latest version. The following Terms of Delivery and
Sale shall apply in addition:
Quotations – All quotations are non-binding.
Delivery – Deliveries shall be effected ex works for the purchaser’s account and at his risk.
Risk of breakage shall be borne by the purchaser. If requested, risk of breakage can be
assumed by us to a delivery address in Europe and charged separately at 1 % of the goods
value. Overseas premium on request.
Delivery periods – Delivery periods are binding only when they are expressly confirmed
by us. Contrary to the “General Terms of Delivery for Products and Services of the
Electrical Industry” (ZVEI), claims for compensation of damages due to delayed delivery
shall be excluded to the extent that said delay is due to only minor negligence on our
part. If material contractual obligations are violated, claims for damages shall be limited
to foreseeable damages typical for the contract.
Prices – As per our current price list in Euro. Charges for legalization and courier
service shall be made at actual cost. Outer packing shall be charged at cost and cannot
be returned. If a certain net order value is reached, we can arrange deliveries on the
following terms: freight paid to German border or FOB German seaport. In this case, we
follow the relevant rules of the INCOTERMS, latest edition. On delivery, we always charge
the current prices, even if other prices were quoted. Except for routine deliveries by our
contract forwarders, the outer packing shall be invoiced.
Payment – If not otherwise arranged, payment is to be made by irrevocable and
confirmed documentary letter of credit, to be established through a first class foreign
bank with Commerzbank AG, Iserlohn. All banking charges outside Germany including
advising and negotiating commission and reimbursing bank fees for a/c of applicant.
If we agree to open an account, all invoices are due without deduction within 30 days
from date of invoice. Payment is to be considered effected as soon as we have the
invoiced amount at our disposal. If payment is not effected within the period of 30 days
after date of invoice, the purchaser comes into default without prior reminder.
Reservation of ownership – The following shall apply in addition to the General Terms
of Delivery issued by ZVEI:
The buyer is entitled to sell in normal business the reserved goods supplied by us, to the
extent that he does not agree a prohibition of assignment with his customers.
The buyer already now assigns to us by way of security the entitlement to the purchase
price resulting from the sale. However, he shall remain authorised to collect the
payments assigned by way of security as long as said authorisation is not revoked.
The authorisation can be revoked if the buyer culpably fails to meet or no longer meets
his contractual obligations. If the authorisation for collection is revoked, we shall be
entitled to announce the effected assignment. The buyer must immediately provide the
documents required for announcement of the assignment and for the collection. If the
security is excessive by more than 20 %, the arrangement set out in III. Paragraph 1
Sentence 2 of the “General Terms of Delivery” issued by ZVEI shall apply accordingly.
Design – Changes in the shape and construction of our products which become
necessary due to technical progress shall be permitted within the scope normal for the
industry to the extent that they are not unreasonable for the buyer in his individual case.
Warranty – The following conditions shall apply in addition to the provisions in VIII. and
XI. of the “General Terms of Delivery for Products and Services of the Electrical Industry”
(ZVEI): In addition to VIII. 3. of the above mentioned Terms of Delivery, complaints about
quantities and obvious defects must be issued within 7 days of receipt of the delivery.
In addition to VIII. 9. the following shall apply for the buyer’s rights of recourse against us:
In the event that the buyer is required by his customer or his customer’s customer to
meet warranty claims, the buyer must notify us in accordance with Section 377 Para.�3
of the German Commercial Code (HGB) without delay but no later than 5 days after the
claims are asserted by his customer or his customer’s customer. If the buyer fails to
provide this notification, the goods shall be deemed to have been accepted. In addition,
the buyer must give us the opportunity to provide subsequent fulfilment ourselves within
a reasonable period before he obtains a “replacement” from elsewhere. The buyer must
subject his customer accordingly to this obligation. If the buyer violates this obligation,
we shall retain the right to reduce the reimbursement of expenses to the amount which
we would have incurred for our own subsequent fulfilment. Section 443 of the German
Civil Code (BGB) shall remain unaffected. Furthermore, a reimbursement of expenses
for the buyer’s subsequent fulfilment for his customer shall be excluded if the buyer
failed to rightfully refuse this type of subsequent fulfilment or both types of subsequent
fulfilment. We shall reimburse expenses in connection with recourse in accordance with
Section�478 of the German Civil Code (BGB) only in the form of credit notes for goods.
The claim for damages and reimbursement of expenses shall be restricted to such
expenses as are typically foreseeable. Furthermore, section XI. of the “General Terms
of Delivery for Products and Services of the Electrical Industry” shall apply for claims for
compensation of damages.
Liability for services – We accept no liability for consequential damage in case of errors
in draft plans which are drawn up in preparation for contractual negotiations and were
provided by us free of charge. This also applies if we contribute free of charge to planning
services provided by third parties. If in a particular case such draft plans serve as a
requirement for or component of a delivery or service on our part, this must be expressly
agreed by us in writing.
Intended purpose – Luminaires are items of technical equipment in accordance with
the German Equipment and Product Safety Act (ProdSG) and may only be used for their
intended purpose. The use of luminaires and accessories for a purpose which is not
intended as well as unauthorised changes to our luminaires without our express consent
in writing shall release us from all obligations in case of damage.
Changes to our products – All changes or conversions to our products without the
approval from BEGA are prohibited and violate our brand rights. Infringers shall be liable
for all damage resulting from the change. Furthermore, all warranty claims against BEGA
shall become null and void in such a case.
Return of goods – Returns which are not based on the buyer’s right of withdrawal within
the scope of his warranty rights shall be credited only if we have given our prior express
consent. A credit for originally packed and undamaged goods shall be issued at 80 % of
the calculated price. Necessary processing and packing costs as well as any transport
costs incurred by us shall be deducted in addition and without separate notification.
Custom-made products and special electrical systems cannot be returned.
Exports – The delivery of our products and the issuing of quotations thereof to countries
outside the European Union – including via third parties – requires our prior consent.
Miscellaneous – The place of performance and jurisdiction is Menden, Germany.
German law shall apply for all contractual relationships to the exclusion of the UN
Convention on Contracts for the International Sale of Goods.
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