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General terms and conditions

Terms and conditions for retailer




General Terms of Business, Sale and Delivery for end consumers; hereinafter referred to as the General Terms of Trade (GTT).

Unofficial translation of the legally binding German version



§ 1 General - area of validity

(1) Our Terms of Sale shall apply exclusively; we do not recognise any terms of the customer which are contrary to or deviate from our Terms of Sale unless we have explicitly agreed to their validity in writing. Our Terms of Sale shall apply even if we carry out the customer's order without reservation in the knowledge of terms of the customer which are contrary to or deviate from our Terms of Sale.

(2) All agreements which are made between us and the customer for the purpose of the execution of this contract are set out in writing in this contract.

(3) Our Terms of Sale shall also apply to all future business transactions, even if they are not explicitly agreed again.

(4) Our Terms of Sale only apply to dealings with business enterprises in the meaning of Section 310 paragraph 1 of the German Civil Code (BGB, B�rgerliches Gesetzbuch)



§ 2 Offers and agreement of contract

(1) An order of the purchaser, which must be considered as an offer to conclude a purchase contract, can be accepted by us within two weeks by sending an order confirmation or by sending the products ordered within the same period.

(2) Our offers are non-binding and subject to change unless we have explicitly declared that they are binding.

(3) We reserve ownership, copyright and other industrial property rights for all illustrations, drawings, calculations and other documents. This shall also apply to all written documents which are declared to be "Confidential". The customer must obtain our explicit written permission before passing them on to any third parties.



§ 3 Prices / payment terms

(1) Insofar as no other arrangement is stipulated in the order confirmation, our prices shall be deemed to be "ex works" (Rosbach/Taunus in Germany) and exclusive of packaging; this shall be invoiced separately.

(2) The statutory value-added tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of the invoice.

(3) Any deduction of discounts requires a separate written agreement.

(4) If no other arrangement is stipulated in the order confirmation, the purchase price for deliveries or other services shall be payable net without deduction in advance or cash on delivery. A payment shall only be deemed to have been made when we have disposal over the amount. In the event of payments by cheque, the payment shall only be deemed to have been made when the cheque has been settled.

(5) The statutory provisions for the consequences of delayed payment shall apply.

(6) The customer shall only be entitled to a right of set-off, even if defects have been notified or counter-claims have been made, if its counter-claims have been awarded by an unappealable ruling, are undisputed or have been accepted by us. Furthermore, the customer shall only be entitled to a right of retention insofar as the counter-claim is based on the same contractual relationship.



§ 4 Period for delivery and performance

(1) Delivery dates or periods which have not been explicitly agreed as binding shall be deemed exclusively to be non-binding details. The start of the delivery period stated by us shall presuppose that all technical questions have been clarified.

(2) Adherence to our delivery obligation shall also be dependent on the prompt and proper fulfilment of the customer's obligations. The objection of a failure to fulfil the contract is reserved.

(3) If the customer is in default of acceptance or if it culpably violates other obligations of cooperation, we shall be entitled to demand compensation for the damage we have incurred in this respect, including any extra expense. We reserve the right to make further claims.

(4) If the conditions specified in sub-clause (3) are met, the risk of accidental destruction or accidental deterioration of the purchased product shall pass to the customer at the time at which it falls into default of acceptance or debtor's delay.

(5) We shall be liable under the statutory provisions insofar as the underlying purchase contract is a firm deal within the meaning of Section 286 paragraph 2 No. 4 of the German Civil Code (BGB, B�rgerliches Gesetzbuch) or Section 376 of the German Commercial Code (HGB, Handelsgesetzbuch). We shall also be liable under the statutory provisions insofar as the customer is entitled to claim that it has lost interest in the further fulfilment of the contract as a result of a delayed delivery for which we are responsible. In this case, our liability shall be limited to the predictable damage which can typically occur unless the delayed delivery results from any wilful violation of the contract for which we are responsible; in this respect, we shall be deemed responsible for any fault by our representatives or vicarious agents.

(6) We shall also be liable under the statutory provisions insofar as the delayed delivery results from any wilful or grossly negligent violation of the contract for which we are responsible; in this respect, we shall be deemed responsible for any fault by our representatives or vicarious agents. If the delayed delivery does not result from any wilful violation of obligations for which we are responsible, our compensation liability shall be limited to the foreseeable damage which typically occurs.

(7) We shall also be liable under the statutory provisions insofar as the delayed delivery for which we are responsible results from a culpable violation of a major contractual obligation; in this respect, we shall be deemed responsible for any fault by our representatives or vicarious agents. In this case, the liability for compensation shall be limited to the foreseeable damage which typically occurs.

(8) In other respects in the event of delayed delivery, we shall be liable to pay a lump sum compensation for delay of 0.5 per cent of the delivery value for every complete week of the delay, but no more than a maximum of 5 per cent of the delivery value.

(9) This shall be without prejudice to any further legal claims and rights of the customer.



§ 5 Transfer of risk - shipping / packaging - packaging costs

(1) Insofar as no other arrangement is stipulated in the order confirmation, delivery "ex works" shall be deemed to have been agreed.

(2) Loading and shipping shall take place uninsured at the risk of the purchaser. We shall endeavour to take the purchaser's wishes for the shipping type and forwarding route into account; any resulting extra costs shall be borne by the purchaser - even if delivery was agreed as "freight and carriage paid".

(3) If no other arrangement is agreed, the vendor shall select the packaging and the shipping type at its own best discretion.

(4) We do not take back transport packaging or other packaging in accordance with the German Packaging Ordinance (Verpackungsordung), with the exception of pallets. The purchaser must arrange for the disposal of the packaging material at its own expense.

(5) If the shipping is delayed at the request of or by fault of the purchaser, we shall store the products at the cost and risk of the purchaser. In this case, notification of readiness for shipping shall be deemed to be equivalent to shipping.

(6) If the customer wishes, we shall arrange transport insurance to cover the delivery; the resulting costs shall be borne by the customer.



§ 6 Liability for defects

(1) Any claims of the customer for defects shall presuppose that the customer has properly complied with its examination and notification obligations under Section 377 of the German Commercial Code (HGB, Handelsgesetzbuch).

(2) If operating and maintenance instructions of the vendor are not followed, changes are made to the products, the customer makes its own incorrect attempts at repairs or the customer uses consumable materials which do not comply with the original specifications, any warranty and liability for resulting consequences shall lapse unless the purchaser refutes a reasonably substantiated claim that the defect was caused by one of these circumstances.

(3) Insofar as there is any defect in the product for which we are responsible, we shall be obliged to render subsequent fulfilment to the exclusion of any rights of the purchaser to revoke the contract or reduce the price (reduction of purchase price) unless the vendor is entitled to refuse subsequent fulfilment due to the statutory provisions. The purchaser shall grant us an appropriate period for subsequent fulfilment. The subsequent fulfilment can be carried out, at our discretion, by correction of the defect (remediation) or delivery of new products. In the event of a correction of the defect, we shall bear the necessary expenses insofar as they do not exceed the purchase price and insofar as the costs of correcting the defect are not increased because the object which is the subject of the contract is in a place other than the place of performance.

In the event of subsequent fulfilment, we shall be entitled to demand that the defective product be sent to us at our expense for repair or replacement by a new product and subsequent return.

(4) If the subsequent fulfilment has failed, the purchaser shall be entitled at its own discretion to declare a reduction of the purchase price or the revocation of the contract. Correction of the defect (remediation) shall be deemed to have failed if the second attempt fails, unless further attempts at correction are appropriate and the purchaser can be reasonably expected to accept them due to the subject of the contract.

The purchaser shall only be entitled to make compensation claims for defects subject to the following conditions if the subsequent fulfilment has failed. This shall be without prejudice to the right of the purchaser to enforce further claims for compensation subject to the following conditions.

(5) The warranty claims of the purchaser shall expire by limitation one year after the delivery of the product to the purchaser unless we have fraudulently concealed the defect; in this case, the statutory provisions shall apply. This shall be without prejudice to our obligations under Clause 6 sub-clauses 6 and 7 herein.

(6) We shall be obliged to take back the new product or reduce the purchase price, even without the setting of a deadline which is otherwise necessary, if the purchaser's customer as the consumer of the new product sold (sale of consumer goods) is entitled to demand that the purchaser takes back the product or reduces the sale price due to a defect in this product, or if a similar subsequent demand is claimed against the purchaser. We shall furthermore be obliged to reimburse any expenses incurred by the purchaser, especially costs of transport, travel, labour and material, which the purchaser incurs in dealings with the end consumer in the course of subsequent fulfilment as a result of a fault in the product which existed at the time when the risk was transferred from us to the purchaser. This claim shall be excluded if the purchaser has not properly complied with its examination and notification obligations under Section 377 of the German Commercial Code (HGB, Handelsgesetzbuch).

(7) The obligation under Clause 6 sub-clause 6 shall be excluded insofar as it applies to a defect on the basis of advertising statements or other contractual agreements which do not originate from us, or if the purchaser has given a separate guarantee to the end consumer. The obligation shall also be excluded if the purchaser was not itself obliged to exercise the warranty rights in dealings with the end consumer on the basis of the statutory provisions, or if it did not file this objection to a claim which was made against itself. This shall also apply if the purchaser has accepted warranties to the end consumer which go beyond the statutory level.

(8) We shall be liable without restriction under the statutory provisions for cases of death, injury and damage to health which result from any negligent or wilful violation of obligations by us, our legal representatives or our vicarious agents and for damage which falls under liability according to the German Product Liability Act (Produkthaftungsgesetz). We shall be liable under the statutory provisions for damage which is not covered by sentence 1 and which results from wilful or grossly negligent violation of the contract or fraudulent action by us, our legal representatives or our vicarious agents. In this case, the liability for compensation shall be limited to the foreseeable damage which typically occurs unless we, our legal representatives or our vicarious agents have acted wilfully. To the extent to which we have issued any quality and/or durability guarantee for the product or parts thereof, we shall also be liable in the framework of this guarantee. However, we shall only be liable for damage which results from the lack of the guaranteed quality or durability but which does not occur directly to the product if the risk of such damage is obviously covered by the quality and durability guarantee.

(9) We shall also be liable for damage caused by ordinary negligence insofar as the negligence constitutes a violation of contractual obligations for which compliance is of special importance for the achievement of the purpose of the contract (cardinal duties). However, we shall only be liable insofar as the damage is typically associated with the contract and foreseeable.

(10) Claims for compensation by the purchaser due to a defect shall expire by limitation one year after the delivery of the product. This shall not apply in cases of death, injury and damage to health for which we, our legal representatives or our vicarious agents are to blame or if we or our legal representatives have acted wilfully or by gross negligence or our ordinary vicarious agents have acted wilfully.

This shall not affect the period of limitation for recovering from the supplier under Sections 478 and 479 of the German Civil Code (BGB, B�rgerliches Gesetzbuch). However, insofar as the purchaser acts as the last distributing dealer to the consumer, the period of limitation shall expire at the latest two months after the time when the purchaser has fulfilled the claims of the consumer.



§ 7 Joint liability

(1) Any further liability of the vendor for compensation than that stipulated in Clause 6 is excluded - irrespective of the legal nature of the claim which is made. This applies especially to claims for compensation arising from negligence in contracting, violation of other obligations or tortious claims for compensation for property damage under Section 823 of the German Civil Code (BGB, Bü;rgerliches Gesetzbuch)

(2) The limitation under sub-clause (1) shall also apply insofar as the customer demands compensation for useless expenses instead of a claim for compensation of the damage.

(3) Insofar as our liability for compensation is excluded or limited, this shall also apply in respect to the personal liability for compensation of our staff members, employees, representatives and vicarious agents.



§ 8 Spare parts

For a period of two years from the delivery of a product, the vendor shall supply spare parts for that product at the respective valid spare part prices.



§ 9 Reservation of ownership

(1) The product delivered (reserved goods) shall remain our property until all accounts receivable have been paid, including all balances in our favour in any current account which we are entitled to receive from the purchaser at present or in the future. If the purchaser is in breach of the contract, e.g. by delayed payment, we shall be entitled to take back the reserved goods after previously setting a reasonable period. If we take back the reserved goods, this shall constitute a revocation of the contract. If we take the reserved goods in execution, this shall constitute a revocation of the contract. We shall be entitled to resell the reserved goods after we have taken them back. After the deduction of a reasonable amount for the costs of resale, the revenue from the resale shall be offset against the amounts owed to us by the vendor.

(2) The purchaser shall treat the reserved goods with care and take out sufficient insurance at reinstatement value against damage from fire, water and theft. Any maintenance and inspection work which may be necessary shall be carried out by the purchaser at its own expense in good time.

(3) The purchaser shall be entitled to sell and/or use the reserved goods properly in normal business transactions as long as the purchaser is not in arrears of payment. Any pledging or transfer of ownership by way of security is prohibited. The purchaser assigns to us in full in advance by way of security all accounts receivable with respect to the reserved goods (including all balances receivable in any current account) which arise from resale or any other legal grounds (insurance, prohibited action); we herewith accept the assignment. We grant the purchaser our revocable authorisation to collect the accounts receivable on its own account and in its own name. This authorisation of collection can be revoked at any time if the purchaser fails to meet its payment obligations properly. The purchaser shall not be entitled to assign these accounts receivable, not even for account collection by factoring, unless the factoring agency is at the same time placed under obligation to pay the consideration directly to us up to the amount of our claim as long as we have outstanding claims against the purchaser.

(4) Any processing or alteration of the reserved goods by the purchaser shall in all cases be deemed to be carried out on our behalf. Insofar as the reserved goods are processed together with other objects not belonging to us, we shall acquire co-ownership of the new objects in proportion to the value of the reserved goods (final invoice amount inclusive of value-added tax) in relation to the other processed objects at the time of processing. The new object which arises from such processing shall be subject to the same provisions as the reserved goods. Insofar as the reserved goods are inseparably mingled with other objects not belonging to us, we shall acquire co-ownership of the new objects in proportion to the value of the reserved goods (final invoice amount inclusive of value-added tax) in relation to the other mingled objects at the time of mingling. If the object of the purchaser is deemed to be the main object as a result of such mingling, we and the purchaser are in agreement that the purchaser assigns us the proportional co-ownership of this object; we herewith accept the assignment. The purchaser shall keep our resulting sole property or co-owned property in custody for us.

(5) In the event of any action of third parties against the reserved goods, especially levy of execution, the purchaser shall point out our ownership and notify us without delay so that we can enforce our property rights. Insofar as the third party is unable to reimburse us for the court or out-of-court costs incurred by us in this connection, the purchaser shall be liable for these costs.

(6) We shall be obliged to release the security to which we are entitled insofar as the realisable value of our security exceeds the secured claims by more than 10 per cent; in this respect, we shall be entitled to select the security to be released.



§ 10 Place of performance, place of jurisdiction, applicable law

(1) The place of performance and place of jurisdiction for deliveries and payments (including summary action for cheques and bills of exchange) and for all disputes which may arise between us and the purchaser from the purchase contracts agreed between us is our registered place of business. However, we shall also be entitled to take action against the purchaser at its place of residence and/or registered place of business.

(2) The relationships between the parties to the contract shall be governed exclusively by the applicable law of the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Convention on Contracts for the International Sale of Goods is excluded.




Terms and conditions for customers



General Terms of Business, Sale and Delivery for end consumers; hereinafter referred to as the General Terms of Trade (GTT).

Unofficial translation of the legally binding German version



§ 1 Area of validity

1. The following Terms of Sale apply to the contract concluded between the vendor and the purchaser for the supply of goods.

2. All agreements reached between the vendor and the purchaser in connection with the purchase contracts are set out in writing in the purchase contract, these terms and the order confirmations of the vendor.



§ 2 Offers and agreement of contract

1. The offers made by the vendor are non-binding and subject to change unless the vendor has explicitly declared in writing that they are binding.

2. Any illustrations, drawings and other documents associated with the non-binding offers made by the vendor shall remain the property of the vendor and shall only be deemed to be approximations unless the vendor has explicitly declared that they are binding.



§ 3 Prices / payment terms

1. The prices of the vendor shall be deemed to be without transport costs and transport packaging unless any other agreement has been made with the purchaser. Value-added tax and product packaging are included in the price.

2. The delivery shall be made only for prepayment or cash on delivery. In other cases the following shall apply: if no other arrangement has been agreed in writing with the purchaser, the purchase price shall be payable without deduction within 14 days the purchaser receives the invoice.

3. If the purchaser falls into arrears with a payment, the vendor shall be entitled to demand interest of 5 per cent above the respective base interest rate of the European Central Bank (ECB) from that time onwards. The vendor reserves the right to prove a greater loss or damage.

4. The purchaser shall only be entitled to set off payments, even if complaints for defects or counter-claims are being claimed, if the counter-claims have been awarded by an unappealable ruling, accepted by the vendor or are undisputed. The purchaser shall only be entitled to exercise a right of retention if its counter-claim is based on the same purchase contract.



§ 4 Period for delivery and performance

1. Delivery dates or periods which have not been explicitly agreed as binding shall be deemed exclusively to be non-binding details.

2. If the vendor is culpably unable to comply with an explicitly agreed deadline or falls into arrears for other reasons, the purchaser shall grant the vendor a reasonable extension period - beginning from the date of receipt of the written notice of default by the vendor or in the event of a calendar deadline. If the vendor fails to deliver by the end of this extension period, the purchaser shall be entitled to revoke the contract.

3. The vendor shall be liable under the statutory provisions, subject to the following limitations, if the contract is a firm deal or if the purchaser is entitled to claim that it has no further interest in the fulfilment of the contract as a result of delayed delivery for which the vendor is responsible.

4. The vendor shall be liable to the purchaser under the statutory provisions in cases of delayed delivery if the delay results from any deliberate or grossly negligent violation of obligations for which the vendor is responsible. The vendor shall be responsible for any fault of its representatives or vicarious agents. If the delayed delivery does not result from any deliberate or grossly negligent violation of obligations for which the vendor is responsible, the liability of the vendor shall be limited to the foreseeable damage which typically occurs.

5. If the delayed delivery for which the vendor is responsible results from a culpable violation of a major contractual obligation or a cardinal obligation, the vendor shall be liable under the statutory provisions; in this case, the liability for damage shall be limited to the foreseeable damage which typically occurs.

6. The vendor shall be entitled to make partial deliveries and render partial performance at any time insofar as the purchaser can be reasonably expected to accept this.



§ 5 Warranty / liability

1. Insofar as there is any defect in the product for which the vendor is responsible, the vendor shall be entitled to render subsequent fulfilment to the exclusion of any rights of the purchaser to revoke the contract or reduce the purchase price unless the vendor is entitled to refuse subsequent fulfilment due to the statutory provisions. The purchaser shall grant the vendor an appropriate period for subsequent fulfilment.

2. The subsequent fulfilment can be carried out, at the discretion of the purchaser, by correction of the defect or delivery of new products. During the subsequent fulfilment, any reduction of the purchase price or revocation of the contract by the purchaser is excluded. Correction of the defect shall be deemed to have failed if the second attempt fails. If the subsequent fulfilment has failed, the purchaser shall be entitled to declare a reduction of the purchase price or the revocation of the contract.

3. The purchaser shall only be entitled to make claims for compensation for defects subject to the following conditions if the subsequent fulfilment has failed. This shall be without prejudice to the right of the purchaser to enforce further claims for compensation subject to the following conditions.

4. The vendor shall be liable without restriction under the statutory provisions for cases of death, injury and damage to health which result from any negligent or wilful violation of obligations by the vendor, its legal representatives or its vicarious agents, for damage which falls under liability according to the German Product Liability Act (Produkthaftungsgesetz) and for all damage resulting from wilful or grossly negligent violations of the contract or from fraudulent action by the vendor, its legal representatives or its vicarious agents. Insofar as the vendor has issued any quality and/or durability guarantee for the product or parts thereof, the vendor shall also be liable in the framework of this guarantee. However, the vendor shall only be liable for damage which results from the lack of the guaranteed quality or durability but which does not occur directly to the product if the risk of such damage is obviously covered by the quality and durability guarantee.

5. The vendor shall also be liable for damage caused by ordinary negligence insofar as this negligence relates to the violation of major contractual obligations or a cardinal duty.

6. Any further liability of the vendor is excluded irrespective of the legal nature of the claim which is made; this also and especially applies to tortious claims or claims for reimbursement for expenses incurred in vain instead of the performance; this shall be without prejudice to the liability of the vendor under Clause 3 sub-clause 3 of this contract. Insofar as the liability of the vendor is excluded or limited, this shall also apply to the personal liability of the vendor's staff members, employees, representatives and vicarious agents.



§ 6 Reservation of ownership

1. The vendor reserves ownership of the product until all payments arising from the purchase contract have been received.

2. The purchaser shall notify the vendor without delay in writing of all claims made by third parties, especially any foreclosure measures and any other impairment to its property.

3. If the purchaser is in breach of contract, especially if the purchaser fails to meet its payment obligations in spite of a warning from the vendor, the vendor shall be entitled to revoke the contract, after setting an appropriate deadline, and to demand the return of all products which are still the property of the vendor. Receipt of the returned product by the vendor shall constitute a revocation of the contract. The resulting transport costs shall be borne by the purchaser. Seizure of the product by the vendor shall always constitute a revocation of the contract. After receiving the returned product, the vendor shall be entitled to resell it. The revenue from the resale shall be offset against the amounts owed by the vendor - after the deduction of the reasonable costs of the resale.



§ 7 Shipping, shipping charges

1. The shipping charges shall be stated on the last page of the order confirmations and orders. Online information on the shipping charges can be found under Service: Service / Parcel prices.

2. From a purchase value of Euro 300.00, delivery within Germany is free of charge, i.e. the purchaser does not pay any shipping charges.

3. Within EU countries with the exception of Greece and islands, delivery is free of charge from a purchase value of Euro 1,000.00.

4. Deliveries to non-EU countries are always ex works, i.e. the purchaser shall bear the shipping charges.

For deliveries to non-EU countries, the vendor charges an additional lump sum customs fee of Euro 25.00 per delivery. The customs duty rates differ from country to country; they must be ascertained and the duty paid by the purchaser. Customs duties shall be paid separately in the location. The vendor is not responsible for the amount of the customs duty, and this is not part of the purchase contract.

5. If the vendor delivers an order in two or more parts for technical reasons, the vendor shall bear all shipping costs and the lump sum customs fee for deliveries to non-EU countries for the second and all further deliveries.



§ 8 Transport damage

In the event of any transport damage, the purchaser shall prove the damage by returning the product to the vendor without delay at the vendor's expense with the original packaging.



§ 9 Concluding provisions, applicable law

The relationships between the parties to the contract shall be governed exclusively by the applicable law of the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Convention on Contracts for the International Sale of Goods is excluded.



§ 10 Revocation right

You can revoke your declaration to contract within 14 days without stating reasons by sending a text message (e.g. letter, fax, email) or - if the item is provided to you before the period expires - by sending back the item. The due period begins after you receive this instruction in text form, but not before the goods arrive at the recipient (not before arrival of the first partial delivery in the case of recurring delivery of the same type of goods) and also not before fulfilment of our obligations to inform pursuant to Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations pursuant to § 312e para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. It suffices to observe the due period allowed for revocation if the revocation notice or the item is dispatched in good time. The revocation must be addressed to:

BEEM Blitz-Elektro-Erzeugnisse Manufaktur Handels-GmbH
Dieselstraße 19-21
61191 Rosbach v.d.H.

Revocation consequences

In the case of an effective revocation, the reciprocally received performances must be returned and any possibly enjoyed usefulness (e.g. interest) surrendered. You must pay us compensation for diminished value if you are unable to give us back the received performance wholly or partially or only in a worsened condition. This does not apply for provided items if said item is worsened solely due to inspection of the item - as would have been possible for you in a shop, for instance. In otherwise, you can avoid the obligation to compensate lost value due to worsened condition of the item caused by using it for its intended purpose by not using the goods as your property and refraining from anything that impairs their worth. Items suitable for parcel shipment are sent back at our risk. You must bear the cost of return shipment if the delivered goods are the same as the goods ordered and the price of the item to be sent back does not exceed EUR 40.00 or, if the price is higher, you have not yet made the counter-performance or a contractually agreed part payment at the point in time of revocation. Otherwise, return shipment is free of cost for you. Items not suitable for parcel shipment will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. This period begins for you with dispatch of the revocation declaration or the item, and for us with receipt of the same.

End of the revocation instruction