Terms of delivery and payment of Beuth Verlag
- The terms of delivery and payment of Beuth Verlag apply to the exclusion of all others unless otherwise expressly confirmed by Beuth Verlag in writing. These terms and conditions are also binding in the event contradictory 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.
- Delivery of goods shall be subject to their availability. In accordance with §§ 447 and 448 of the German Civil Code, all goods are consigned at the expense and risk of the Buyer. All shipping costs shall be paid by the Buyer.
- The period of limitation for claims for defects shall be one year. The Buyer shall immediately notify Beuth Verlag in writing of any defects, but at the latest within 8 days after receipt of the products ordered.
- Claims for damages occurring in transit shall be made to the carrier and not to Beuth Verlag.
- 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 where liability is compulsory, e.g. as stated in the Produkthaftungsgesetz (German Product Liability Act), in cases of intent, gross negligence and bodily harm, due to acceptance of a guarantee for the existence of a characteristic, or where key contractual obligations are infringed. However, compensation for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, where liability is not due to a case of intent, gross negligence or bodily harm, or acceptance of a guarantee for the existence of a characteristic. No reversal of the burden of proof to the disadvantage of the Buyer is associated with the above provisions.
- Until final payment of all claims resulting from the business transaction has been made, the goods supplied remain the property of Beuth Verlag. In the case of more than one claim or open accounts, 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 at least EUR 5.00 will be charged plus interest at the legal rate. 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.
- 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 at least EUR 15.00.
- The place of performance and jurisdiction is Berlin.
- Transactions with Buyers abroad 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 passing on of user data to companies within the DIN Group for marketing 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.
Valid as of November 2009
Beuth Verlag GmbH
Berlin · Wien · Zürich
Telephone: +49 30 2601-2260
Fax: +49 30 2601-1260