Terms of delivery and payment of Beuth Verlag
- These terms of delivery and payment apply to the business relationship between Beuth Verlag GmbH (referred to as "Beuth Verlag" in the following) and the customer of Beuth Verlag (referred to as the "Buyer" in the following) exclusively, insofar as the Buyer represents a company, is a legal entity under public law or is a special fund under public law. These terms and conditions are also binding in the event contradictory or supplementary purchase conditions of the Buyer have not been expressly rejected by Beuth Verlag.In addition, the provisions of the Verkehrsordnung für den Buchhandel (German regulations regarding book trade transactions) in its current version apply to all transactions with book trade distributors.
- For electronic products, these terms of delivery and payment are supplemented by the general terms and conditions applicable to the product which is the subject of the relevant contract.
- a) A binding offer to purchase a product is submitted by the Buyer. On Beuth Verlag's Internet websites the Buyer submits this binding offer by clicking the "CONFIRM PURCHASE" button at the end of the ordering process. Other forms of ordering (e.g. by telephone, fax or mail) are also possible. Beuth Verlag may accept the offer to purchase; this is effected by means of shipment of the ordered product and its receipt by the Buyer.
b) Shipment and receipt of the ordered product is subject to availability. If no copies of the Buyer's choice of product are available at the time an order is placed (for example because the product has not yet been published or because it is out of print), Beuth Verlag will immediately notify the Buyer of this fact. In this case a contract is not concluded.
c) All prices listed include the applicable value-added tax.Shipping costs are to be paid by the Buyer. Beuth Verlag bears the risk of shipping. Claims for damages occurring in transit shall be made to the carrier and not to Beuth Verlag.
d) The Buyer can pay by credit card or by invoice.
- The period of limitation for claims for defects shall be one year. The Buyer shall immediately notify Beuth Verlag in writing of any evident defects, but at the latest within 14 days after receipt of the products ordered.
- Damage claims by the Buyer, on whatever legal grounds,particularly those regarding breach of duty fundamental to the contract and unauthorized handling, are excluded. This does not apply to damages arising from injury to the life, body or health of the Buyer, or where key contractual obligations ("cardinal obligations") are infringed, or to other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents. Key contractual obligations are such that need to be fulfilled in order to achieve the aim of the contract. Compensation for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, if such damage was caused by ordinary negligence, unless it concerns compensation of the Buyer for damages relating to injury to life, body or health. The limitations set out above also apply to Beuth Verlag's legal representatives or agents if claims are made against these directly. The provisions of the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.
- The product supplied remains the property of Beuth Verlag until payment has been made in full of the price of the product and of all shipping costs. The same applies until full settlement of all claims which have arisen or will arise under the contract between Beuth Verlag and the Buyer. In this case retention of title serves as security until payment has been made in full, even if payment for individual deliveries has already been made. Upon ordering, the Buyer transfers to Beuth Verlag all claims deriving from resale, and Beuth Verlag accepts such assignment on taking the order.
- Unless otherwise indicated on the invoice, the amount on the invoice is immediately payable in full. Discounts will not be granted. In the event of delays in payment, a reminder fee of at least EUR 5.00, plus interest at the legal rate, will be charged (unless the Buyer can prove that no reminder cost at all or a substantially lower reminder cost than that set has been incurred). If the delay results in demonstrably higher costs, Beuth Verlag is entitled to claim these additional costs. In cases of delayed payment or where there is reason for Beuth Verlag to doubt the Buyer's creditworthiness or ability to pay, (particularly due to stoppage of payment or insolvency) Beuth Verlag is entitled to suspend delivery or demand prepayment. In the case of prepayment the product will be delivered only after receipt of the full invoice amount.
- Technical rules, such as DIN Standards and VDI Codes of Practice, are not book trade articles. Beuth Verlag does not grant a trade discount for them. Technical rules may not be returned or exchanged unless faulty.
- If Beuth Verlag, despite being under no legal obligation to do so, agrees to take back goods at the Buyer's request, it may charge a handling fee of 10 % of the invoice amount, and atleast EUR 15.00.
- Any disputes arising from contractual agreements between the Buyer and Beuth Verlag shall fall under the jurisdiction of the place at which Beuth Verlag has its registered office.
- The business relationship shall be exclusively governed by the substantive law of the Federal Republic of Germany, excluding all references to other legal systems and international contracts. The Hague Conventions Relating to a Uniform Law on the International Sale of Goods and the UN Sales Convention shall not apply.
- Beuth Verlag uses data processing facilities for its business transactions and stores customer information for its business purposes within the scope permitted by the Bundesdatenschutzgesetz (German Data Protection Act).A data protection officer has been appointed.
The Buyer takes note of this, and consents to the registration, storage, processing and - with prior consent passing on of user data to companies within the DIN Group for marketing purposes (with the exception of the use of faxes, automated calling systems or e-mails for promotional purposes). The Buyer may withdraw his/her consent that his/her data (name, title and address only) be made available for marketing purposes. E-mail advertising may not be used without the Buyer's express consent.
Anyone can apply one DIN Standard. Whoever does so shall ensure that the standard is applied correctly in that specific case. A DIN Standard is only one of many sources of information on good technical practice under normal circumstances, and cannot cover all possible cases in which further measures or more restricted actions may be necessary. Nevertheless, DIN Standards are benchmarks for good practice. The fact that a DIN Standard only represents the state of technology prevalent at the time of its publication should also be taken into consideration.
Applying a DIN Standard does not mean that the user is not responsible for his/her own actions. In this respect, the user is acting at his/her own risk. DIN, the German Institute for Standardization and all those involved in the preparation of DIN Standards are excluded from all liability.
Anyone who, when applying a DIN Standard, discovers an error or the possibility of an incorrect interpretation is hereby asked to contact DIN immediately so that any errors may be remedied.
DIN German Institute for Standardization, Berlin
The following symbols associated with prices and discounts on Beuth invoices are explained below:
V Vorzugssteuer (reduced tax rate)
N Normaler Steuersatz (normal tax rate)
U Unverbindliche Preisempfehlung (recommended retail price)
M Mengenrabatt (quantity discount)
K Kundenrabatt (customer discount)
G Globalrabatt (overall discount)
Valid as of July 2013
Beuth Verlag GmbH
Telefon 030 2601-2260
Telefax 030 2601-1260