General Terms and Conditions, as of 04/2019

and cancellation policy for customers

of

BESCO Berliner Steincontor GmbH

Zepernicker Straße 2, LudwigPark – Haus 13.2, 13125 Berlin

  1. – Validity

Our General Terms and Conditions shall be the content of all contracts concluded by us for the production and delivery of natural stone products or partial products as well as other services, even if, in the case of continuous and extended business relations, a reference is no longer specifically made. This applies both to commercial customers, as well as to consumers (§ 13 BGB). The terms and conditions of the customer shall not apply to us, even if the customer has designated his terms and conditions as exclusive and excluded any inclusion of our terms and conditions.

Deviating agreements require a written confirmation and are only binding for the respective individual contract, without validity for other contracts.

 

  1. – Legal nature of our delivery contracts

BESCO has partly individually manufactured goods for the customer, and partly standard goods (e.g. paving stones, standardized floor slabs etc.). The goods are manufactured and / or purchased and sold by third parties at home and abroad. Mixed orders are also possible, containing individual and standard commodities. For the standardization of the legal nature of all contracts and contract parts German sales law is agreed on.

It is agreed to pick up the finished goods by the customer / client from our producer. However, as business transaction we arrange the transport of the packed goods for the customer up to the construction site of the client.

In case of a commercial transaction, the application of §§ 377, 381 (2) HGB (German Commercial Code) is also agreed with the tightening, which can be seen in section 6 of these GTC. Other regulations can only be made in writing.

For consumer transactions, the Civil Code applies with the following restrictions, as far as these may be agreed according to §§ 305 following BGB.

It is clarified and agreed that a CE marking according to Chapter II, Article 5 a BauPVO is not required if an individual production for a specific construction project is subject of the contract. It is clarified in favor of the customer that BESCO is therefore not released from manufacturing standards that are valid in the contract territory or that have been agreed.

 

  1. – Mutual offers

Our company is sometimes in a tension between foreign suppliers and customers. Therefore it is agreed that the offers of the customer are binding on us. Our offers to the customer are non-binding and subject to change, unless we commit ourselves explicitly to the offer. Contracts and other agreements become binding through our written confirmation. The order confirmation is also the contract confirmation, even if we ask for signature of the customer.  The signature of the customer under the order confirmation serves only to confirm the recorded production dimensions and the production release with regard to the dimensions. If the signature of the customer is omitted, nothing changes in the conclusion of the contract. Changes and ancillary agreements are only effective upon written confirmation by us.

 

  1. – Shipping, transfer of risk, delivery times
  2. The dispatch always takes place on account and danger of the customer for the stock of the commodity. The risk for the stock of the goods passes to the customer at the latest with the transfer to the carrier / shipowner or with the dispatch of the goods. The goods are  only insured at written request of the customer and at his expense. The above applies even if the goods are shipped directly from our supplier to the customer. The risk transfer to the customer also applies to the risk resulting from poor packaging and poor loading.

 

  1. If delivery to the construction site is agreed, the place of unloading is the one that a standard semi-trailer can still reach.

 

  1. Information about delivery times is only foreseen and is subject to timely, complete and proper self-delivery. Other conditions only apply if delivery periods have been expressly agreed between the parties or confirmed by us. If our supplier has fulfilled the contract with us badly or too late, we can not be held responsible for compensation of the damage that arises for the customer, such as e.g.: Additional costs for construction period extension or takeover / replacement of contractual penalties etc.For our supplier / haulier / shipowner / carrier also culpable delays, we are not liable, even if delivery times have been agreed binding. The exclusion of liability according to this paragraph does not apply if liability for life, limb and health is excluded.

 

 

  1. The above in section 4 does not apply in case of intent or gross negligence, as far as this can be found in our own actions.

 

  1. For imports it is agreed that:

 

aa.:       We ship our goods in containers with economical consolidated transports. On this basis the prices for the contractual goods including replacement goods for any warranty are calculated. In this regard, we draw attention to usual and unavoidable shipowner contracts, which we have to deal with due to the purchase of our overseas goods without any leeway and which allow shipowners to delay delivery time, e.g. intermediate storage of containers at non-destination ports; at any time, with the departure of the ships, to wait until sufficient cargo is available; to throttle the speed at any time; at any time with their ships unscheduled in ports for unscheduled and delaying cargo acceptance; Goods stored in the port at any time shall not be accepted if no loading capacity is available. The customer also authorizes the conclusion of such contracts in the event that agreed delivery deadlines are endangered, and waives the right to compensation for the resulting damage, even if the shipowner / haulier / carrier deliberately acts in his respect. Furthermore, with respect to the aforementioned impermanabilities and requirements that accompany sea freight, the customer waives any rights of rescission and termination, as well as other contractual rights, for whatever reason.

 

bb.:       We point out the cost-increasing possibility of a time saving special transport. This way must be chosen by us only if the additional costs are taken over by the customer and if an advance was paid on request.

 

  1. The transport path also includes the procedure for foreign and domestic customs. Since the authorities are entitled to detain the goods to be supplied by us for inspection purposes wholly or partly for an indefinite period, we are not liable for any damage caused in this way. The resulting additional costs for demurrage and detention as well as other costs caused by this may be passed on to our customer in the amount we were claimed.

Due to the waiver of our liability according to section 4 of the GTC it is agreed: For this, our corresponding claim for damages against our supplier or carrier / hauliers / shipowner from any kind of bad delivery shall be assigned in advance to the customer, who hereby accepts the assignment. We undertake to provide all information and evidence available to us for the customer to have a claim for damages.

 

5 – Delivery quality, samples, post-contractual sampling on special customer request

We deliver natural products that come from quarries. Our products are therefore subject to variability due to the diversity of the stone in the mining areas of each quarry.

 

  1. For this reason, we regularly have a test certificate issued for our stone, which records the technical properties of it. We would like to draw your attention to the fact that the test certificates represent only a snapshot based on the test specimens used. It is agreed that other values in the case of stones that have been and will not represent any deviation from the contract, unless specific values have been discussed and cumulatively recorded or specifically agreed in our order confirmation / contract.
  2. Apart from that, the following applies: Technical diversity and external differences according to grain, deviations in color and structure such as spots, veins, shades as well as loose veins, cracks, open, porous spots or pores opening after installation are natural and are hereby agreed to be typical properties of our products. This also applies to any later occurring color changes of the material, which may occur in the course of chemical reactions of newly opened surfaces after use of the supplied material. These properties do not lead to the assumption of a defect. They shall only be regarded as a defect of the material or of the product, if tolerances have not been observed, if the national production standards or those in our sphere of activity apply. Subsequent changes in color are in no way considered defects, even if they deviate greatly from the pattern and no longer comply with any standards. Hairline cracks, also occurring later, which do not affect the technical suitability, are no defects.
  3. Because of all the above-mentioned circumstances, the following is agreed: Basically, patterns for technical characteristics and appearance are only used to give a first impression. Patterns are not binding finish patterns. Samples are only binding finish samples if they have been determined as such before pricing and conclusion of the contract and if because of the surface effect a reference object has been defined as a comparison object or has been specially produced.
  4. In case that a binding sample has been issued prior to conclusion of the contract, the customer must be aware that it is impossible for us to ascertain whether sufficient raw material in sample quality is available or can be obtained from the quarry. We therefore assume no liability for the fact that the sample quality material is sufficiently available. If the quarry in the current mining areas is exhausted with sample-quality raw material, we are not obliged to break raw material in the quarry until suitable material can be found again. The customer accepts this as unreasonable for us. We do not owe explorations in the quarry or the like, since they are unsuitable for finding suitable material. We are obliged to inform the customer immediately after receiving the knowledge about the lack of availability and to refund any consideration that we have not yet served, unless there is a substitute regulation. Both parties have a right of withdrawal in this case in the exclusion of claims for damages against us, unless we are guilty of intent or gross negligence. In case of an installment or successive delivery contract, for which the withdrawal is declared, there is no obligation to repurchase BESCO’s goods previously delivered and no reimbursement of payments in this regard, with the exception of unused advance payments. If the contract is continued on the basis of less valuable material, it is agreed that a reduction of the purchase price for the already delivered quantity is excluded. The purchase price is adjusted for the quantity still to be delivered. The presence of sufficient quantity in the dispute has to be proven by the customer, whereby BESCO is obliged to give all information on the location of the quarry from which the stone was sourced..
  5. The above even applies with subsequently desired sampling according to technical characteristics and / or appearance. In this case, we have the right to redefine the price. We have to remunerate production parts manufactured up to that point as well as additional expenses (e.g. sorting and disposal costs). In case that the customer wishes to be released from the old contract in favor of a new contract of the subcontractual sampling, he has to pay the previous production, including the unusable part.
  6. Technical defects and deficiencies in the stones that have been corrected in accordance with standards cannot be described as defects or deficiencies by the contractee. Deficiencies in nature are agreed as essential properties of our goods, as long as the functionality according to DIN, DIN-EN standards or other guidelines applicable to the natural stone trade is not affected.
  7. Our imported goods are specially packaged and can be treated with pest control chemicals, which decompose. Temporary odor and/or irritation resulting from the material is not a defect.

 

  1. – Complaints, warranty, exclusion of compensation claims of any kind

General preliminary notes

We have introduced quality controls to a high degree, but regarding the machine processing of the stone, this can only be done on a random basis. If we had to check every single stone for absence of defects, each stone would have to be stored and awaited unimpeded until the stone had dried completely. After that, each stone would have to be checked individually. This generates costs that nobody can and will pay. In contrast, it is common rule in the laying and installation of natural stone, that every piece that has to be taken in hand anyway by the laying company, examined for optical and qualitative properties and each piece is sorted / assigned that a good installation image can be reached. Therefore it is inevitably accompanied by an examination with the practice of craftsmanship whether each stone is in order.

Therefore it is agreed:

  1. For his own protection, after delivery to the agreed place the customer is also obliged
  • in the case of a sale of consumer goods, to examine for obvious defects and completeness himself or to have it checked by the professional, which he uses for the installation of the goods delivered by us. The omission of the examination and the installation of goods with obvious defects is considered grossly negligent within the meaning of § 439 Abs. 3 Satz 2 BGB in connection § 442 Abs. 1 BGB and triggers the legal consequence of § 442 Abs. 1 BGB.
  • in the case of a commercial transaction in accordance with the German Commercial Code (HGB), to check immediately for defects and completeness that he recognizes and to object immediately to any objections regarding the correctness and nature of the delivery as well as shortfalls. For commercial transactions, the complaints must be made in writing or by fax or e-mail, with which the delivery charge, type and quality of the defect as well as the quantity must be listed in order to be effective. The examination and the complaint have to take place together at the latest within two working days after receipt of the goods.

The complaint period does not cover defects,

  • whose examination and complaint obligations and deadlines are down (letters cc.) if the goods can only be inspected by experts, other specialists or a laboratory (third party),
  • which are hidden and whose complaint period has otherwise to be made in writing after discovery within the statutory period in order to be effective. The effectiveness requirements for the description of quality and quantity according to § 377 HGB must be adhered to.
  1. If, in the case of stacked or packaged goods, it is not possible for the customer of a commercial transaction to control the goods within 2 days and if necessary to make written objections for operational reasons (e.g. onward transport with necessarily intact packaging), the client has to do so in writing reasons to claim a renewal of the check and reproof possibility for an additional week (nine days in total). The assertion of the claim shall be notified in writing, by fax or by email within the first two days after delivery. The notification in due time will automatically extend the period by one week. If the notification is not received or is late, it remains at the control and notice period of two days.
  2. In the case of a commercial transaction, the following applies: The customer must check whether the goods we have supplied have the technical, petrographic and mineralogical values agreed if necessary. The inspection of goods for defects must be verifiably prompted within 2 days from delivery of the goods to the agreed place with the dispatch of test stones by the customer to a suitable inspection agency of a third party, if the inspection can only be performed by third parties (e.g. laboratory or expert). Upon receipt of the test result, the customer must notify any defects in writing (fax or e-mail) within two days, if such result from the test received. In the absence of uniqueness, the test result is deemed to have been received from the laboratory to the client three days after the creation date for the test result, whereby it is mutually reserved to provide proof of earlier or later access.
  3. If the goods are sold in the case of a trade purchase lit. aa. – lit cc.
  • or not checked in time by the customer and / or reprimanded
  • or not /not in time subjected to an examination by third parties and / or a defect discovered is not or not written (fax or e-mail is enough) reprimanded in time,

 

thus, the customer is excluded with warranty rights of any kind, unless BESCO (but not the supplier of BESCO) has represented the defect grossly negligent or intentional or fraudulently concealed. The exclusion does not apply if injury to life, body, health should result. Here, BESCO is liable according to legal standards.

  1. In addition, the following applies to commercial transactions: The delivery of our goods to the agreed place implements the periods specified in section 6 above. They start with the working day following the delivery and end with the expiry of the following working day. Note: Saturday is a weekday by law. If the goods are delivered by the freight forwarder or haulier, their forwarding delivery note and delivery list is the relevant delivery date and trigger for the reprimand period. The transfer of risk to the customer in the case of factory shipment via third parties remains unaffected by the above acceptance and ruling provisions.
    ff.         If sorting costs arise due to isolated defects, the expense of the costs must be borne by the customer within the scope of his audit obligations. This also applies if the goods are already accepted as unreprimand and approved.
  2. In the case of a commercial purchase, the following applies: The installation and processing of goods, whether as defective or unrequited, is the same for unconditional acceptance of the goods in case of loss of warranty except for hidden defects, unless the customer reserves these rights in writing before installation and / or processing (fax or e-mail is sufficient).
  3. On belated complaints and despite installation / processing of the goods, we usually respond either by on-site visits and by offers of whatever kind. Such actions are never acknowledgments of legal obligations from warranty and serve alone the examination, whether a gesture of goodwill appears necessary and is accepted by the customer.
  4. If the customer refuses the acceptance of the goods because of alleged deficiencies, which we do not acknowledge, we can issue a certificate of absence from defects of the goods by the “German Natural Stone Association eV”, Sanderstraße 4, 97070 Würzburg (DNV), approved by natural stone experts. Its rating is binding for both parties. The selection from the list may be made by the customer. We have a right of veto, which is only remarkable if we justify it in practice.
  5. aa. Sale of consumer goods: Our warranty obligation period is barred after one year for goods that are not intended for installation in a building.
  6. If it is a trading business, the following applies: We have our producer deliver directly to the customer’s construction site. We do not have our own possibility of checking the goods before and after delivery. The goods inspection on absence from defects and completeness is taken over by the customer in our place together with the examination obligations according to § 377 HGB in connection with these GTC. Our warranty obligations are, as far as nothing else was determined in these terms and conditions, according to the law, whereby claims for damages, in particular removal costs for defective first goods and installation costs for replacement goods, are excluded in the context that our customer takes over the goods inspection at our place for absence of defects. Something else applies only if we are guilty of intent or gross negligence. The exclusion does not apply to claims for damages for injury to life, limb and health. The disclaimer is based on the situation arising from the general preliminary remarks to section 6 of the GTC and serves the typical interests of buyers and sellers of stone goods, which are intended for assembly / installation in a building.
  7. If the customer places deadlines for the supplementary performance with reference to imported goods, these are only valid if the duration of the production and the import route, if applicable the sea route, plus one week due to the imponderability on the import route are taken into acount. Upon request, we are obliged to inform the customer about the duration of the import route and production before setting a deadline. In addition, in the event of a warranty claim, the customer waives any rights of rescission and termination as well as other rights rescinding the contract for whatever reason in connection with the inadequacies and requirements described in section 4 of these GTC. This also applies to any declaration right of the customer, which curtails us with rights within our warranty obligations.
  8. Compensation of any other kind outside of any warranty, e.g. from poor performance (e.g. default), impossibility, resignation and consequential damages for whatever reason, assumption / replacement of contractual penalties, etc., material consequential damages in the broader and narrower sense is excluded. This does not apply to grossly negligent or intentional damage or damage from injury to life, limb and health. This limitation of exclusion of liability also applies to exclusions of damages elsewhere in these GTC, if they should not include this limitation.

 

  1. – Billing of shipping costs:

The freight rates by sea vary sometimes extremely in a short time. Therefore it is agreed according to § 313 BGB: In our order confirmation we announce the calculated price for the transport of a container. If the price increases by more than 10%, we are entitled to pay the extra costs beyond the 10% to the customer. Conversely, if the freight costs are reduced by more than 40%, the customer may demand that the cost reduction of beyond 40 % gets credited. The imbalance in the emergence of the adjustment claims is due to our effort, which arises when we try to achieve the best price to save the customer from the consequences of a price increase. The parties further agree that BESCO has a free choice with the carrier/shipping company. BESCO has free selection fairs in the choice of freight forwarder, which is primarily from the point of view of the availability of containers, tour planning and travel times and services for the construction of the senses and faster delivery in a reliable manner. The price idea stays behind it. Claims for damages or other claims because of the selection of a customer are therefore excluded, even if the cheaper freight forwarder would have demonstrably worked on the same terms. For consumer contracts: This clause only applies if 4 months have elapsed since the order until the shipment. If a part of the onward transport by inland navigation is planned away from the European ports and this fails because of high or low water, we can transfer the additional costs that arise from using rolling freight traffic (train, truck) to the customer. The additional costs that arise if the containers can not be extinguished by the inland waterway due to high or low water have to be compensated by the client.

 

  1. – Prices, terms of payment, trade credit
  2. Our prices are quoted ex works, plus transport plus VAT. Our invoices are due immediately.
  3. According to § 271 BGB we as contractor are entitled to calculate the order value immediately. If it has been agreed that we can only demand payment after delivery or partial delivery, we may place an invoice or partial invoice according to delivery. For partial and multiple delivery contracts, the invoices are based on deliveries.
  4. Our customers are covered by credit insurance. If a payment term is agreed that is later than the delivery date, we grant trade credit. The amount of the commercial credit is determined according to the constantly changing specifications, which are estimated by our trade credit insurance. If the amount of the commercial credit is expressly mentioned at the time of the conclusion of the contract for the purchase of the merchandise, the changeable requirements of the commercial credit insurance still apply. The customer is entitled to BESCO to know the amount of the commercial credit volume at any time.
  5. As a contractor, we are entitled to redefine the amount of the commercial credit at any time, even after the conclusion of the contract, also in the context of partial and successive delivery contracts or in case of a large number of orders, the exceeding of which entitles us to withhold the delivery. The right of retention also applies if the trade credit volume has been exhausted, but the due date of payments has not yet been reached according to agreed payment terms. We may only make use of the resulting right of retention if the lending volume is fixed in the contract or if we have determined or changed the credit volume of goods after the contract has been concluded and one week has passed since then. The amount of the new trade credit volume can be determined by BESCO at its own discretion. Reason for a reduction up to the complete repeal of the commodity credit can be a message that the trade credit insurance does not insure the customer any more or not at all, disruptions of any kind and disregard of individual contractual arrangements in the execution of the contract, knowledge of any kind from a deterioration in the creditworthiness of the customer or other reasons that may prove to be detrimental to BESCO in connection with a trade credit. BESCO has to justify a reduction of the commercial goods amount. If the customer can demonstrably refute the cause or remove the cause, he is entitled to the return of the commercial credit.
  6. In the case of arrears, we are entitled to a right of retention regarding the further production and delivery of the goods up to the complete payment of the respective deduction invoice, based on the contractual terms of payment (default is not required) or exceeding the commercial credit. For the effective exercise of this right of retention, our declaration shall suffice in addition to the due date of the partial invoice. A previous deadline of the announcement, which threatens with assertion of the right of retention, is not necessary.
  7. In accordance with § 650 f BGB, we are entitled to demand appropriate security for upcoming deliveries and services for our company and to refuse service if security is not guaranteed. § 650 f BGB fully in any case analogous. Instead of guarantees, collaterals as in §§ 232 ff. BGB. can be determined.
  8. If, due to specific circumstances, invoices from this or other orders are not paid or not paid on time, the customer will open unjustified counterclaims or, on the basis of specific circumstances, create suspicions on the part of the customer that he does not exclude the right of retention for payment or offsetting or if the credit volume is almost or completely exhausted, without paying due payments, then alternatively to the request for collateral from us, prepayments may be made for the production of further goods or matching payment with delivery/ delivery against money / bank-confirmed check will be required. Furthermore, the further delivery can be made cumulatively dependent on the fact that all previously incurred and due claims from the business relationship are to be paid immediately.
  9. The retention of payments or the offsetting due to any counterclaims of the customer which we have disputed or which have not been legally established by a court are not permitted The contrary as provided below only applies, if the customer claims a right of retention or a set-off due to a defect in the goods provided by BESCO, which is in connection with the contract within which he wants to exercise his right of retention because of the payment or set off. In this case, the following applies:

aa.:   If the defect is granted by BESCO, the right of retention exists in the amount of how subsequent delivery can be demanded by the customer. A so-called “pressure surcharge” (double retention or more) is excluded. Alleged claims for damages or other claims as a consequence of the defect remain excluded from the right of retention and from the offsetting possibility.

bb.:   If the deficiency claim of BESCO is disputed, the following distinction is made:

  • If the defect is claimed timely, BESCO may, in order to avoid the right of retention or offsetting, provide security in the amount of the simple remedy value in the form of a direct and permanent bank guarantee.
  • If the defect is reported delayed in accordance with these GTC, the respective right of retention and the related offsetting possibility of the customer are excluded.
  • If there is a dispute about the timeliness of the defect claim in addition to the dispute over its accuracy, the customer can obtain the right of retention or the offsetting possibility by providing a direct and unlimited bank guarantee.

 

  1. – Reservation of title, subsequent or extended reservation of title

The delivered goods remain our property until complete fulfillment of all claims. For current accounts, the reserved property is considered a security for our balance claim. The retention of title also extends as far as possible to the products resulting from the processing, mixing or combination of our goods at their full value, whereby we are considered to be the manufacturer. If the property rights remain with processing, mixing or combination with goods of third parties, we acquire co-ownership in proportion of the invoice values of the processed goods. The exercise of the reservation of title does not mean the withdrawal from the contract. In case of late payment we have a right of return from the construction site at any time. In the case of paid partial deliveries, the client is burdened with proof that the returned goods have already been paid for and have become the property of the customer. If the customer sells the goods purchased from us under reservation of title to third parties, the rights of the customer from the assertion of the retention of title shall already apply to us as assigned, in particular the claim for return of the delivered goods. The client hereby authorizes BESCO in full with all rights to assert the retention of title on behalf of the client. In particular, BESCO may set payment periods with respect to the third party and declare its withdrawal from the contract with the third party named by the client. BESCO is hereby exempted from restrictions of § 181 BGB. Furthermore, all claims of the client against his client from the processing of our goods shall apply to us in the amount of the contract volume plus 10% as assigned, which is agreed between us and the customer or expected according to the offer or service list (extended reservation of title). The assignment effect is automatically reduced by the amount of a respective invoice paid or by the amount of any security paid, e.g. after § 648 a BGB, which can be demanded despite the extended reservation of title and in any case takes precedence over the extended reservation of title. In the case that no other or insufficient collateral has been provided by the client, we are entitled to information as to who the main contractor is. This is the major obligation of the client and in the event of non-compliance establishes a right of retention for our services. We are entitled to report the assignment to the main client at any time. We are authorized to request information from the principal client as to whether and to what extent claims still exist or to what extent there are objections and objections to the claims. If we discover a security shortfall of our order volume taking into account other collateral, we are entitled to immediately stop delivery and production and make the continuation subject to the provision of other suitable collateral. The client may neither pledge the goods nor transfer them as security before complete payment. In the event of seizure, confiscation or other dispositions by third parties, the contractor must be notified immediately.

 

  1. – Lump-sum compensation, payment obligations for pre-produced goods

In the event that the client terminates the contract in any way and for reasons that are not in the legal sphere of BESCO after effectively placing an order  (e.g. contract notice by the client of any kind) or the contract ends in any other way without our adding, we are entitled to a lump-sum compensation for the missed coverage of our order-independent overhead costs and for the position “risk and profit” – here the client admits a higher allowance because of the higher risks in connection with the risky quarrying business – amounting to a total of 20% of the gross order amount or balance. If this is not fixed, regardless of other order content for the amount of damage calculation, the order volume from our last offer in text form shall be decisive, unless the client can prove a lower contract amount. The above does not preclude our right to claim higher damages. The sum exceeding the lump sum must be proved by the contractor. The client reserves the right to prove the contrary to less damage than the agreed lump sum. Pre-produced partial services have to be received in their entirety against payment according to the agreement. If the customer does not accept the goods within the set time limit, payment can be filed without having to file a demand for an application against delivery of the goods in court. In the case of legal proceeding it is the client’s responsibility to obtain the goods after payment. If the goods are lost in the course of a court proceeding or subsequently until collection, the customer has no right to return the already paid money. The contractor must provide additional compensation at the request of the client. This applies as a separate order to these conditions.

 

  1. – Place of fulfillment and jurisdiction, expert agreement

The exclusive place of performance for both parties is our registered office. Among merchants in terms of HGB  Berlin is considered the agreed place of jurisdiction. However, we can also make the claim pending at the place of performance or at the place where the goods delivered by us were processed, if this makes sense for reasons of proof or procedure. In the event of a legal dispute over defects in the natural stone / warranty rights or for questions of a court with reference to the natural stone, which the court wants to be answered by an expert, the following process agreement applies: A certified expert of the German natural stone association e.V. (DNV) in Würzburg, Germany, will be commissioned. The selection from the list may be made by the court or the customer. We have a right of veto, which is only remarkable if we justify it in practice.

 

 

  1. – Modifications, severability clause, written form, miscellaneous

All modifications to these terms and conditions must be in writing. The same applies to complaints of defects or other explanations with a legal forming or righteous character. Fax and e-mail are sufficient for written form. Timely access to the beneficiary is also necessary for the effectiveness of the declaration, where the legislator allows the submission to be completed, e.g. in the case of a claim for defects according to § 377 HGB the sender must prove access. If certain items are omitted by law or individual contract, the validity of the remaining conditions will not be affected. If a regulation is ineffective, the remaining regulations of these GTC as a whole do not become ineffective. In place of the ineffective clause, the law or the condition which would otherwise have been chosen by the parties from a rational point of view will apply.

 

Right of withdrawal in distant and non-premises conracts

 

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day where you or a third party named by you who is not the carrier has taken possession of the goods and/or on which you or a third party named by you, who is not the carrier, has taken possession of the last goods and/or on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.”;

 

In order to exercise your right of withdrawal, you must inform us, BESCO Berlin Steincontor GmbH, Zepernicker Strasse 2, Ludwig Park – 13.2 13125 Berlin, Fax: 030/259388999, E-mail: mail@besco-gmbh.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.

 

You can also electronically complete and submit the standard withdrawal form or another clear statement on our website https://besco-gmbh.de/. If you make use of this option, we will immediately send you a confirmation (e.g.by e-mail)  of the receipt of such a revocation.

 

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the cancellation

If you withdraw from this agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) you have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction, unless agreed with you otherwise. In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. The cost is estimated at the maximum amount that we have spent on shipping to you. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

 

– End of the cancellation policy for consumers within the meaning of § 13 BGB –