General Terms and Conditions – BEIL Kunststoffproduktions- und Handelsgesellschaft mbH
Effective 01 June 2024
1.
Our offers are non-binding. Price changes remain reserved if more than three month elapse between the conclusion of the contract and delivery, unless the delay is attributable to us.
2.
Prices are stated exclusive of statutory VAT, which is separately itemised on the invoice where applicable. Unless otherwise agreed, prices are ex works and do not include packaging, freight or customs duty.
3.
We shall bear the cost of transport and packaging only under the following conditions:
a. For domestic shipments (within Germany), parcel delivery shall be made free of charge for order values exceeding €400.00 (excluding VAT), limited to a maximum of three parcels; for each additional parcel, a flat rate of €15.00 (excluding VAT) shall be charged.
b. Domestic shipments (within Germany) exceeding €1,500.00 (excluding VAT) shall be delivered free of charge via haulage company.
c. For deliveries below €1,500.00 (excluding VAT) sent via haulage company, a shipping flat rate per pallet applies depending on distance, size and weight as follows:
o Zone 1*
- Single-use pallets up to 125 kg – €45.00
- EURO-paletts and single-use pallets with Euro dimensions – €55.00
o Zone 2*
- Single-use pallets up to 125 kg – €50.00
- EURO-paletts and single-use pallets with Euro dimensions – €65.00
o Zone 3*
- Single-use pallets up to 125 kg – €55.00
- EURO-paletts and single-use pallets with Euro dimensions – €75.00
Zones apply for Germany and are defined by postal codes as follows:
– Zone 1: 20–22, 27–34, 37–39, 48, 49, 59
– Zone 2: 04, 06–07, 10, 12–14, 16, 19, 23–26, 35–36, 40–42, 44–47, 50–53, 57–58, 61, 98–99
– Zone 3: 01–03, 08–09, 15, 17–18, 54–56, 60, 63–97
d. For international shipments, parcel delivery shall be free of charge up to the German border for order values exceeding €400.00 (excluding VAT), limited to three parcels. Each additional parcel shall be charged a flat rate of €20.00 (excluding VAT). For order values of up to €400.00 (excluding VAT), postage charges apply in full.
e. For freight shipments with an order value exceeding €1,500.00 (excluding VAT), delivery shall be made free of charge up to the German border. All costs beyond the German border shall be invoiced. For orders below €1,500.00 (excluding VAT), full freight costs shall be charged.
We reserve the right to determine the mode and route of transport.
4.
All discount and banking charges, as well as special packaging and delivery requests, shall always be borne by the purchaser.
Delivery periods are non-binding and subject to logistical feasibility; partial deliveries are permissible. Force majeure events, in particular war or natural disasters, entitle us to postpone deliveries without the buyer being entitled to claim compensation.
The risk shall pass to the buyer upon handover of the goods to the carrier.
5.
The delivered goods shall remain our property until full payment has been received. The buyer is authorised to to resell the goods in the ordinary course of business. However, pledging or assigning them by way of security to third parties is not permitted. In the event of resale or encumbrance, the reservation of title shall continue in such a way that the consideration replaces the resold or processed goods.
6.
Our invoices are payable net within one month from the invoice date. For payments made within 10 days, a cash discount of 3% on the goods value (exclusive of VAT) shall be granted, provided the order value exceeds €50.00 (exclusive of VAT). Unauthorised deductions of cash discounts or other amounts without an issued credit note shall be reclaimed in all cases. Invoices to new buyers must be settled within 14 days without any entitlement to a cash discount during the first three deliveries.
7.
In the event of payment default, we shall charge interest at the rate of usual bank interests, at a minimum, the statutory rate of eight percentage points above the base rate pursuant to Section 247 of the German Civil Code (BGB) in the case of fully registered traders, and five percentage points above the base rate in all other cases. Default shall occur upon expiry of the payment term without the need for a separate reminder. In case of default, we reserve the right to withhold any further deliveries or to agree on alternative terms (e.g. advance payment).
8.
Upon delivery, any transport damage concerning the completeness and integrity of the consignment must be reported immediately to the haulier or their representative and recorded jointly with them in a damage report. Without such a damage report, subsequent processing of transport damage claims is not possible
9.
We shall assume liability for defects in goods supplied by us only if obvious defects are reported in writing without delay – at the latest within ten days of receipt of the respective consignment. In the case of non-obvious defects, notification must be made immediately upon discovery. Processing of defect claims is subject in all cases to the provision of the relevant batch number; claims cannot be processed without this information. Warranty claims shall in any event become time-barred twelve months after transfer of risk.
For some of our chemical products, shorter limitation periods apply in accordance with the separate “Delivery and Storage Conditions for Chemical Products.” These specific conditions must be observed when reselling the goods, and the purchaser of the affected goods must be duly informed thereof. We assume no responsibility or liability in case of non-compliance with the applicable “Delivery and Storage Conditions for Chemical Products.” The specific conditions will be provided upon request.
Warranty shall be excluded for damage resulting from normal wear and tear, overloading, incorrect storage or further delivery, failure to observe instructions for use, or misuse.
10.
Returns, including those relating to complaints, require our prior approval.
Delivered goods that are returned or exchanged, unless based on valid warranty claims, shall incur administrative and handling fees amounting to 10% of the goods value (exclusive of VAT).
Each return must be clarified in advance by telephone. Freight Collect shipments will not be accepted unless expressly agreed in advance.
Returns must be packaged and shipped in such a way that they arrive undamaged and clean; otherwise, refurbishment costs will be charged. Returned items may only be offset against the corresponding credit note once it has been received.
Custom-made products of any kind are excluded from return, unless the goods delivered do not correspond to the order. .
11.
The place of performance and jurisdiction, insofar as legally permissible, shall be Peine, Germany, for both parties. German law shall apply exclusively unless the application of another legal system has been expressly agreed in writing.
Should any provision of these General Terms and Conditions be invalid or unenforceable for legal or practical reasons, the validity of the remaining provisions shall remain unaffected.