Terms & Conditions

General Terms and Conditions

1.1 These General Terms and Conditions particularly apply to deliveries and services provided to traders, legal entities under public law or special funds under public law (hereinafter referred to as "Contracting Party"). They apply to all contractual relationships between E. Beckmann and the Contracting Party, unless otherwise agreed in writing.

1.2 E. Beckmann does not recognise any terms and conditions of the Contracting Party that conflict with or deviate from these General Terms and Conditions, unless E. Beckmann has expressly confirmed their validity in writing. The General Terms and Conditions of E. Beckmann and the rejection of deviating or conflicting terms shall apply even if E. Beckmann, being aware of the Contracting Party’s conflicting or deviating terms, performs deliveries or services for the Contracting Party without reservation.

2. Contract conclusion

2.1 Offers made by E. Beckmann are non-binding.

2.2 The contract shall be deemed to be concluded once E. Beckmann has sent a written order confirmation following receipt of an order from the Contracting Party. The scope of E. Beckmann’s obligation to perform shall be exclusively determined by the content of E. Beckmann’s written order confirmation.

2.3 E. Beckmann reserves the right to make changes to the structure, design and materials of the delivered goods.

2.4 E. Beckmann retains ownership and exclusive copyright to cost estimates, drawings and documents; these must not be made available to third parties and must be returned immediately upon request. The Contracting Party is obligated to not utilise any know-how acquired within the framework of this contract for the manufacture, installation or distribution of competing products. Reproduction – including in modified form – is prohibited during the contract term and for a period of five years following the termination of the delivery contract for the respective product, even if no industrial property rights for the products exist. In the event of a wilful breach of this obligation, the Contracting Party shall pay a contractual penalty equal to 50% of E. Beckmann’s most recent net annual purchasing volume for the affected product. E. Beckmann expressly reserves the right to claim damages in excess of the contractual penalty, including in the form of higher notional licence fees; payments of contractual penalties shall be offset against the actual damages.

3. Prices

All prices are net, plus the statutory VAT applicable on the date of invoicing. All prices are ex works, excluding packaging and transport costs.

4. Payments

4.1 Unless otherwise agreed, payment shall be made upon delivery. E. Beckmann reserves the right to only deliver to first-time Contracting Parties against advance payment or payment on delivery.

4.2 Default occurs upon receipt of a reminder following the due date, and in any event, 14 days after receipt and the due date of an invoice or equivalent request for payment. In the event of late payment, the Contracting Party shall pay E. Beckmann interest at a rate of 8% above the base rate, effective from the due date. E. Beckmann reserves the right to claim a higher interest due to damages. Likewise, E. Beckmann reserves the right to claim further damages. The Contracting Party reserves the right to prove lower damages.

4.3 Payment orders and cheques shall only be accepted by special written agreement and accepted solely for payment purposes, subject to all collection and discount charges.

4.4 If the Contracting Party fails to meet their payment obligations or if circumstances become known that call their creditworthiness into question, all claims held by E. Beckmann shall become due immediately. In such cases, E. Beckmann shall also be entitled only to deliver against advance payment or provision of security, and, following a reasonable grace period of no more than 14 days, to withdraw from the contract or claim damages for non-fulfilment. E. Beckmann shall not be obligated to make any further deliveries under a contract until full payment of all outstanding invoice amounts, including interest on arrears and costs, has been made.

4.5 The Contracting Party shall hold no right of retention.

4.6 The Contracting Party shall only be permitted to offset counterclaims to the extent that these have been acknowledged by E. Beckmann as valid and due or have been established by a final and binding court decision.

5. Delivery, Transfer of risk

5.1 The scope of services provided by E. Beckmann only includes the delivery of the ordered goods, not their installation.

5.2 All information regarding delivery periods is non-binding.

5.3 Force majeure, as well as circumstances beyond the control of E. Beckmann or their suppliers, particularly traffic disruptions and operational disruptions, strikes, lockouts or materials shortages entitle E. Beckmann, at their discretion – either cumulatively or individually – to postpone deliveries for the duration of the hindrance plus a reasonable start-up period, to reduce the delivery temporarily or indefinitely or to withdraw from the contract with respect to the unfulfilled portion. Claims for damages by the Contracting Party, regardless of the legal basis, are excluded.

5.4 14 days after a non-binding delivery date or delivery period has passed, the Contracting Party may request in writing that E. Beckmann make delivery within a reasonable period of time. E. Beckmann shall be in default upon receipt of this reminder. The Contracting Party may only claim compensation for damages resulting from the delay if E. Beckmann is found to have acted with intent or gross negligence. In the event of default, the Contracting Party may establish a grace period of 14 days in writing for E. Beckmann stating that they will refuse to accept the object of the contract once the period has expired. If the grace period expires without result, the Contracting Party shall be entitled to withdraw from the contract by providing written notice within one week or to claim damages for non-fulfilment. The Contracting Party shall be entitled to claims for damages, regardless of the legal basis, only in cases of intent or gross negligence on the part of E. Beckmann. E. Beckmann's liability shall be limited to the amount of the remuneration agreed upon. The Contracting Party's right to withdraw shall remain unaffected.

5.5 In all cases, the risk passes to the Contracting Party upon dispatch of the goods from the supplying factory, even if transport is carried out using vehicles belonging to E. Beckmann. E. Beckmann shall determine the shipping method and route. Special instructions regarding transport must be provided by the Contracting Party in writing and shall only be binding upon E. Beckmann if they have confirmed these special instructions in writing. E. Beckmann shall not be liable for the execution of the transport. The shipment shall only be insured against transport damage if the Contracting Party instructs E. Beckmann to do so in writing, in good time and at the Contracting Party’s expense. The Contracting Party must have any transport damage acknowledged by the carrier immediately upon receipt.

6. Retention of title

6.1 The delivered goods shall remain the property of E. Beckmann until all claims to which E. Beckmann is entitled under the contract have been settled. The retention of title shall also apply to any claims that E. Beckmann subsequently acquires against the Contracting Party in connection with the delivered goods, e.g. those arising from repairs, replacement parts deliveries or other services. At the request of the Contracting Party, E. Beckmann is obligated to waive the retention of title if the Contracting Party has settled all claims relating to the delivered goods and has provided adequate security for the remaining claims arising from the ongoing business relationship.

6.2 During the period of retention of title, the Contracting Party shall be entitled to possess and use the purchased goods, as well as to resell them in the ordinary course of business, provided that they fulfil their obligations under the retention of title and are not in arrears with payment.

6.3 As long as the retention of title remains in effect, any pledging, transfer by way of security, leasing or other disposal of the goods that would impair the security interests of E. Beckmann, as well as any alteration to the delivered goods, shall only be permitted with the prior written consent of E. Beckmann.

6.4 To secure the claims of E. Beckmann, the Contracting Party assigns to E. Beckmann all claims, including future claims, against third parties arising from the sale of goods owned or co-owned by E. Beckmann, in proportion to E. Beckmann’s share of co-ownership. The Contracting Party shall be entitled and obligated to collect the outstanding claims to which they are entitled provided that the authorisation has not been revoked. The collection authorisation shall lapse, even without express revocation, if the Contracting Party falls into arrears with payment. Insofar as the Contracting Party assigns their claims arising from resales under a factoring agreement, E. Beckmann’s consent to the transfer of the claim shall be subject to the following conditions precedent:

-The Contracting Party is obligated to notify E. Beckmann of any arrangement with a factoring bank, specifying the name of the factoring bank.

-In the event of factoring, the Contracting Party’s claim shall become due immediately upon the issue of a credit note or upon payment by the factoring institution.

-The Contracting Party shall use the proceeds from the factoring to satisfy E. Beckmann's claim arising from the sale of the goods subject to retention of title.

6.5 The Contracting Party is obligated to provide the information necessary to assert the rights and to hand over the relevant documents necessary for this purpose and in particular, to immediately provide in writing the names of the third-party debtors and the amounts of the claims, as well as to notify the third-party debtors of the assignment.

6.6 If the Contracting Party defaults on payment or fails to fulfil their obligations under the retention of title, E. Beckmann may demand the return of the purchased goods and, following written notice with a reasonable period of time, sell it on the open market at the best possible price, setting the proceeds of such a sale against the purchase price. If E. Beckmann demands the return of the purchased goods, the Contracting Party is obligated to return the delivered goods immediately and with exclusion of any right of retention. All costs associated with the return and subsequent sale of the delivered goods shall be borne by the Contracting Party. Unless otherwise proven, the costs of the subsequent sale amount to 10 percent of the proceeds from the sale, plus sales tax. These costs shall be respectively adjusted upward or downward if E. Beckmann provides evidence of higher costs or if the Contracting Party provides evidence of lower costs.

6.7 If cheques have been given in lieu of performance, they shall only be deemed as payment upon their clearance.

6.8 If the goods are mixed or combined, the Contracting Party hereby transfers to E. Beckmann, by way of security for their claims, a proportionate share of the ownership of the resulting new product whilst simultaneously agreeing to hold the new item in safekeeping on behalf of E. Beckmann.

6.9 The Contracting Party shall be entitled to install the delivered goods on property that belongs exclusively to them or otherwise attach these to such a property. If the delivered goods are to be installed on or attached to real property that is not solely owned by the Contracting Party, the Contracting Party hereby assigns to E. Beckmann any claims they may have against the owner(s) of such property arising from such installation or attachment. In all other respects, the provisions governing the treatment of assigned claims arising from sales transactions apply mutatis mutandis.

6.10 If the goods are to be processed, E. Beckmann shall be deemed the manufacturer within the meaning of Section 950 of the German Civil Code (BGB). The Contracting Party is obligated to carry out the processing on behalf of E. Beckmann. If goods from other suppliers are also processed, E. Beckmann shall claim only a share of co-ownership in proportion to the value of the raw materials they have supplied relative to the value of the finished product. Furthermore, to secure the claims of E. Beckmann, the Contracting Party hereby transfers ownership of the resulting new product in proportion to the value of the delivery whilst simultaneously agreeing to hold the new product in safekeeping on behalf of E. Beckmann.

If the Contracting Party falls into arrears with their payment obligation or breaches any obligation resulting from the agreed retention of title, the entire outstanding balance shall immediately become due.

6.12 If the value of the securities held by E. Beckmann exceeds their claims by more than 20% in total on a non-temporary basis, E. Beckmann shall, upon request, release the securities of their choice.

7. Warranty

7.1 Defects must be reported to E. Beckmann in writing by the Contracting Party without delay, with immediate cessation of any further processing and with a precise description of the defect. This also applies in the event that the delivered goods are to be installed at a later date.

7.2 Any defects that cannot be detected even upon the most careful inspection within the specified period must be reported in writing immediately upon discovery, stating the reasons. The same applies to complaints regarding the absence of warranted characteristics.

7.3 If the Contracting Party does not provide E. Beckmann with the opportunity to verify the defect, particularly if they do not make the defective goods available immediately upon request for inspection, all warranty claims shall hold no effect.

7.4 Warranty claims are limited to rectification. This may only be performed by E. Beckmann. If the Contracting Party rectifies the defect themselves, they shall have no claim for reimbursement of their costs. E. Beckmann reserves the right to supply defect-free goods in lieu of rectification.

7.5 If the rectification fails twice, the Contracting Party shall be entitled to withdraw from the contract.

7.6 Any further claims, particularly claims for damages, are excluded unless E. Beckmann is found to have acted with intent or gross negligence; this does not apply to claims arising from death or injury to life, limb or health. The scope of the claim for damages is limited to the direct damage and the value of the order.

7.7 In the event of complaints regarding defects, the Contracting Party shall be entitled to assert a right of retention only to the extent of the reduced value.

7.8 The Contracting Party’s claims for compensation are limited to the individual defective parts. In this respect, deliveries made by E. Beckmann are deemed as divisible services.

7.9 Liability for used goods is excluded (with the exception of warranted characteristics).

7.10 Advice and information are provided without warranty. Any installation instructions provided are merely recommendations, the use of which is at the sole risk of the Contracting Party. The Contracting Party is required to comply with applicable DIN and EU regulations during installation.

7.11 Acceptance of goods

-The Contracting Party must always inspect the delivered goods for any defects or damage as well as for completeness immediately upon delivery! Detailed information regarding acceptance of goods is available on our website at all times.

-If we deliver directly to our Contracting Party’s customer on their behalf, the Contracting Party must also bring this information to their customer’s attention.

-Any defects (incompleteness, damage) must be noted in writing on the carrier’s shipping documents and confirmed in writing by the driver!

The Contracting Party will receive a copy of the shipping documents upon delivery. Any defects (e.g., incompleteness, damage) must be noted in writing on the carrier’s shipping documents, such as the consignment note, CMR, or POD, and not on E. Beckmann’s delivery note, and must also be confirmed in writing by the driver. This also applies even if it appears that only the packaging is damaged. The Contracting Party is obligated to retain a copy of these shipping documents bearing the driver’s written confirmation. Only this written confirmation by the driver will be recognised by the insurance company in the event of a claim! Transport damage reported at a later date without this confirmation by the driver on the shipping documents will neither be recognised by the insurance company nor by us!

-Important, please note: In the event of a defect, it is not sufficient to simply note “accepted with reservation” on the carrier’s shipping documents.

In addition, the exact nature of the reservation must always be noted (e.g., goods incomplete, goods scratched, dented, bent, packaging damaged, etc.).

If the exact nature of the reservation is not specified on the shipping documents, we will not be able to file a claim for compensation with the carrier and their insurance provider and will not be able to replace the goods for our Contracting Party free of charge!

-Even if the packaging appears undamaged, it must be opened in the presence of the driver and the goods must be thoroughly inspected for any damage to ensure they are complete.

-The Contracting Party is obligated to immediately take photos of the defect or damage.

-The Contracting Party is obligated to take the time to inspect the goods immediately and thoroughly.

-The Contracting Party should under no circumstances allow themselves to be influenced by the delivering driver or pressured into signing without due care. By signing, the Contracting Party confirms that they have received the goods in perfect condition. Whether the driver has time or not is entirely irrelevant; the most important issue is that the goods are complete and in perfect condition and that any defects are correctly noted in the shipping documents so any damage can then be covered by insurance quickly, easily and most importantly, at no cost to the Contracting Party!

8. Statute of limitations

All claims against E. Beckmann expire 24 months after delivery.

9. Jurisdiction

The place of performance for all obligations of both parties to this contract is Lübeck. Lübeck is agreed as the exclusive place of jurisdiction. In addition, this place of jurisdiction applies in the event that:

(a) the Contracting Party moves their domicile or habitual residence from the Federal Republic of Germany to a foreign country after the contract conclusion or their domicile or residence is unknown at the time the action is brought.

(b) The Contracting Party has no general place of jurisdiction within Germany.

10. International shipments

German law shall apply exclusively to contractual relationships with foreign contracting parties. In the event of any ambiguity, the German wording is decisive.

11. Partial invalidity

Should any provision of these General Terms and Conditions become invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. The invalid and unenforceable provision shall be replaced by a legally valid provision that most closely approximates the intent of the invalid provision.