GENERAL TERMS AND CONDITIONS

 

General

1.The following general terms and conditions are exclusively valid on all markets where Beweng S.A. acts as a seller, unless expressly agreed otherwise in writing. Consequently, by accepting an agreement with Beweng S.A., the customer, hereinafter referred to as the purchaser, expressly agrees to these terms and conditions and waives the right to invoke its own or any other terms and conditions, whether general or specific, printed or not, unless they have been approved in writing by the seller.

 

Prices

2.The prices and conditions in the offers are non-binding for the seller. An order is not binding on the seller until it has been confirmed by the seller in writing. The sending of the goods or the invoice can replace the written acceptance by the seller.

3.Unless otherwise agreed, prices are to be understood ex warehouse. Depending on the order size and transport circumstances, acontribution to the transport costs may be charged.

4.Prices are always exclusive of VAT, unless otherwise agreed.

5.The selling prices stated in the Seller’s price lists are based on the purchase prices known on the date of the offer. Any price changes made by the Seller’s suppliers and any changes in the conversion rate of foreign currencies shall automatically result in an adjustment of the selling price quoted in the offer, the adjustment being of the same amount.

6.The prices do not include the value of the pallets and packaging and other ancillary costs: these will be invoiced separately whereapplicable. The conditions for taking back pallets and packaging shall be specifically agreed between the two parties. The cost of unloading by crane will be invoiced on the basis of the fee or unit rate notified to the buyer. The unloading of heavy objects such as safes onto a concrete slab shall only be carried out under the express responsibility of the buyer, who must inform himself about their stability.

 

Deliveries

7.Delivery shall be made on foot from a lorry, provided the road is passable. Unloading or the costs arising therefrom shall be borne by thebuyer, who shall also bear the costs arising from the poor condition of the roads or the impossibility of unloading the delivery.

8.Delivery deadlines are given for information only and start from the date of full receipt of the deposit. Their non-compliance therefore does not entitle the buyer to any remedy or action for dissolution.

9.In his absence, the buyer declares that he authorises any person present at the place of delivery to validly take receipt of the goods and waives any action or claim for failure to take receipt of the goods in person.

10.The buyer is obliged to either take the purchased goods as soon as they are available in the warehouse or to accept delivery within twoweeks. After expiry of this period, storage costs may be invoiced.

 

Payments

11.Invoices are payable in cash without discount, unless the seller grants a different case. The costs of payment shall be borne by the buyer .

12.The Seller reserves the sole discretionary right to accept or reject the opening of a Customer Account for natural or legal persons whohave requested it. The Seller expressly reserves the right to close or suspend the use of the Customer Account and future and current orders,in particular in the event of late payment of invoices. In this case, all other invoices, even if not yet due, shall become due immediately.During the fulfilment of the formalities for opening the buyer’s account, all purchases must be paid for in cash.

13.Any invoice not settled by the agreed due date shall be subject to interest on arrears by operation of law from the due date of the 2ndreminder at the rate of 2% (consumer) and 8% (commercial, public authority, government) on the principal claim including taxes, fees,duties and other charges.

 

Retention of title
14.The goods sold remain the property of the seller until the buyer has paid the price in full.

15.In addition, the seller reserves the right to have the deed recording the sale rewritten in order to avail himself of the seller’s privilege provided by law.
Dunning fees and collection costs

 

Reminder fees and collection costs

16. All invoice amounts due that are not paid within eight days of the second reminder being sent will be increased by reminder fees of at least €20 (consumer) and €40 (business, public authority, state). If the invoice amounts due, reminder fees and default interest are not paid within eight days of the third reminder being sent, collection costs will also be incurred by calling in a lawyer or debt collection agency.

 

Returns and exchanges

17. Returns or exchanges must expressly accepted by the seller. In the event of acceptance, the buyer must provide the invoice or receipt and the delivery note for the returned or exchanged goods. No exchanges can be made after the 30-day period following delivery. Only goods held in stock and in their original packaging may be exchanged. In the event of a return, the buyer must request in writing whether he wishes the seller to collect the returned goods. In the latter case20% of the price of the goods will be retained for transport costs and other charges. If the buyer carries out the return himself, only 10% of the price of the goods will be retained as costs. In the event of a return, the buyer will receive a voucher valid for three months or a credit note.

 

Liability and complaints

18. The seller’s liability for failure to fulfil its contractual obligations can only asserted in the event of gross negligence on the part of the seller. In principle, the seller bears no responsibility for the products sold. However, any liability of the seller established by a court of law cannot result in damages in excess of 12,500€ .

19. Any complaint must always be made upon receipt of the goods or must be submitted in writing within 8 days of delivery. However, a complaint can only be accepted before the goods are processed.

20. The goods shall be deemed to have been received and approved prior to departure or as such by the request for delivery. Minor discrepancies between the goods delivered and the samples submitted at the time of ordering shall not give rise to complaints, provided that proper use not impaired. Should it be materially impossible for the seller to fulfil the order within the specified deadlines, he the right to replace the goods originally intended with goods of equivalent quality.

21. Beweng S.A. grants a two-year product warranty on all deliveries and self-performed installations. Any complaint must be submitted by registered letter immediately after the occurrence of defects

Jurisdiction clause

22. This contract is subject to Luxembourg law. The Luxembourg courts shall have exclusive jurisdiction.

Miscellaneous

23. The order is concluded subject to the above terms and conditions, which the buyer confirms have taken note of. Acceptance of delivery shall be deemed acceptance of the General Terms and Conditions. In the event that one or more of the above provisions are deemed invalid, it is agreed between the parties that all others shall continue to apply.

24. We charge a processing fee of 25 euros for subsequent changes to the delivery or billing address.

25. Within the scope of our dispatch services, we undertake to deal with emergencies quickly and efficiently. This may incur travel and service costs, which are communicated transparently in advance. Our services are based on the agreed standards and are tailored to the individual needs of our customers.”. The following service conditions apply:

1. Travel and service costs: The calculation is based on transparent flat rates on the time of day and type of weekday.
⮚ a. Regular working hours: Monday to Friday from 08:00 to 16:30 standard flat rates apply.
⮚ b. Evening and night times: A surcharge of X% is levied for assignments between 16:30 and 08:00 and at weekends.
⮚ c. Public holidays: A separate flat rate will be charged on public holidays, which communicated in advance.
2. Scope of services: Our services include diagnosis, rectification of the reported problem and, if necessary, the Provision of spare parts, as far as technically possible.
3. Information and approval: All costs are communicated transparently in advance and require the customer’s approval before work begins. Our service and travel costs are to be paid by card immediately upon arrival of the technician.
4. Emergencies outside the regular conditions: In urgent cases outside the above-mentioned times, an individual cost estimate can be provided.
The detailed flat rates and surcharges can be requested by telephone.