General terms and conditions
1. General:
These general terms and conditions apply to every quotation and agreement concluded between BEETINY and the other party, unless both parties have explicitly deviated from these general terms and conditions in writing. These general terms and conditions also apply to agreements with BEETINY, for the implementation in which third parties must be involved. If it appears that one or more provisions in these general terms and conditions are invalid or voidable, the general terms and conditions will remain in force for everything else. In this situation, BEETINY and the other party will enter into consultation with the aim of agreeing new provisions to replace the invalid or voided provisions. Deviations from general terms and conditions are only valid if they have been agreed in writing with BEETINY.
2. Quotations:
All offers are made in writing or they are been sent electronically. All offers issued by BEETINY are valid for thirty days. When this period has expired, the quotation will expire. BEETINY cannot be held to its quotations if the other party should have understood that the quotation or any part of the quotation contains an obvious mistake or clerical error. For example, due to remarkable differences between the given ground plan and the corresponding quotation. Prices in quotations do not automatically apply to future orders or reorders.
3. Establishment and duration of the agreement:
Establishment and duration of the agreement: The agreement is established by the timely acceptance of BEETINY’s offer by the other party. The agreement is entered for a certain period of time unless both parties have agreed otherwise in writing.
4. Termination of the agreement:
BEETINY and the other party can terminate the agreement in writing at any time with a mutual agreement. In the event of an early termination of the agreement, BEETINY is entitled to reclaim the costs that are already made from the other party.
5. Amendments to the agreement:
BEETINY will execute the agreement to the best of its knowledge and in accordance with good workmanship. BEETINY has the right to execute the agreement in different phases. If this is the case, BEETINY has the right to invoice after each phase and expect payment for it before starting the next phase. If payment is not made, BEETINY has the right to suspend the agreement. The other party will provide all information and instructions necessary for the timely execution of the agreement in a timely manner. If this does not happen, BEETINY has the right to suspend the agreement. The additional costs that this entails are for the other party.
6. Prices and rates:
These are always expressed in euros, excluding VAT, unless stated otherwise. If a price is not explicitly agreed, the price will be determined on the basis of the actual hours worked and the hourly rate of BEETINY.
7. Delivery:
Delivery regarding to the other party takes place when the good is placed under the authority of the other party. After delivery, the risk of the good is transferred to the other party. Delivery takes place at the address specified by the other party, unless otherwise agreed in writing. The other party is obliged to accept the purchased items from the agreement at the time agreed between BEETINY and the other party.
If the other party refuses the delivery or is negligent in providing information or instructions that are necessary for the delivery, the goods intended for delivery will be stored at the risk and expense of the other party. The other party will therefore owe all additional costs incurred in this case. If the transport, placement and installation are not organized by BEETINY, BEETINY cannot be held responsible for any damage caused during this process, such as glass breakage, thermal breakage and others.
8. Delivery term:
Delivery will take place within a term specified by BEETINY. If a specific term has been agreed or stated for the delivery of the item, this term is only indicative and cannot be regarded as a strict deadline. If BEETINY requires certain instructions from the other party that are necessary for the delivery, the delivery can only take place when these instructions are provided to BEETINY. If the delivery period is exceeded, the other party must give BEETINY a written notice of default, whereby BEETINY is still offered a reasonable period to execute the agreement and deliver the item.
9. Transfer of risk:
The risk of loss, damage or depreciation of the sold good is transferred to the other party from the moment the other party has received the goods.
10. Payment:
Payment must always be made before the goods are delivered. Payment has to been made by transfer to a bank account number designated by BEETINY. A first part of payment will be requested by BEETINY as an advance payment when concluding the agreement. The agreed delivery period starts from the moment that the funds of the advanced payment are received by BEETINY. BEETINY and the other party can agree that payment is made in different versions according to certain agreed percentages. The other party is not authorized to deduct any counterclaim from the amount due. Objections to the amount of the invoice do not suspend the payment obligations.
If payment isn’t received after the expiry of 14 days after the invoice date, the other party will be in default by operation of law without notice of default. From the moment of default, the other party owes an interest of 5% per month on the amount due. If the other party is in default or omission in the fulfilment of its obligations, all costs incurred in obtaining payment will be at the expense of the other party. Any judicial execution costs incurred are also payable to the other party.
All goods delivered by BEETINY within the framework of the agreement remain the property of BEETINY until all monies owed have been paid by the other party. This amount of money also includes: the reimbursement of all costs and interest as well as compensation due to the other party’s failure to comply with the agreement.
11. Suspension:
If the other party does not, not fully or not timely fulfil the obligations in the agreement, BEETINY has the right to suspend the agreement. Furthermore, BEETINY is authorized to claim compensation.
12. Dissolution:
If the other party does not, not fully or not timely fulfil its obligations under the agreement, BEETINY is authorized to dissolve the agreement with immediate effect. Dissolution takes place by means of written notice without judicial intervention. If the agreement is dissolved, the claims against the other party are immediately due and payable to BEETINY. In the event of termination, BEETINY is not liable for any costs or compensation. If the dissolution can be attributed to the other party, the other party is liable for the damage suffered by BEETINY.
13. Force majeure:
In case of force majeure, a shortcoming cannot be attributed to BEETINY or the other party. In this case, both parties are obliged to fulfil the obligations arising from the agreement. In this case, force majeure is understood to mean, in addition to what is laid down in the law in the field of force majeure, all external causes on which BEETINY has no influence and which makes BEETINY unable to fulfil the obligations under the agreement.
14. Guarantee:
BEETINY guarantees that the delivered goods comply with the agreement concluded between BEETINY and the other party, using good workmanship and sound material. BEETINY only provides a warranty on defects that are caused by a manufacturing and / or construction defect, for which in this case the warranty period is respectively 2 and 5 years. The delivered products may contain natural products that are subject to weather influences. However, minor deviations in colour, thickness and quality of the products do not mean that they do not comply with the agreement. However, damage to the delivered good can arise from subsidence of the surface or an incorrect construction of the other party. If the foregoing occurs, the guarantee will lapse and BEETINY is not obliged to compensate for any damage. Any form of guarantee will lapse if a defect has arisen as a result of improper use or a lack of care or if the defect is the result of changes made by the other party or by third parties.
The warranty also lapses if a defect has arisen as a result of circumstances beyond BEETINY’s control, such as weather conditions. When the warranty period has expired, all costs for repair or replacement are for the account of the other party.
15. Inspection:
The other party is obliged to inspect the goods delivered at the time of delivery, or in any case within three days after delivery. In addition, the other party is obliged to investigate whether the quantity and quality of the delivered goods correspond with what has been agreed in the agreement. Visible defects and shortages must be reported to BEETINY in writing within three days of delivery. Non-visible defects and shortages must be reported to BEETINY in writing within one day of their discovery. The right to a specific refund of the price, repair or replacement of the good will lapse if the defects are not reported to BEETINY in writing within the aforementioned period. The payment obligation will not be suspended if the other party notifies BEETINY of the defect within the set term.
16. Liability:
BEETINY is never liable for indirect damage. The other party must report the damage for which BEETINY can be held liable in writing to BEETINY as soon as possible, but in any case within eight days after the damage has occurred. If this is not done, any right to compensation for this damage will lapse. If BEETINY should be held liable for any damage to the other party, it will be limited to one and only to the maximum invoice amount or to the amount for which BEETINY’s insurance is entitled, plus the deductible that BEETINY bears in accordance with the insurance.
17. Privacy:
The data of the other party that is sent to BEETINY will be carefully kept by BEETINY and will never be passed on to other parties.
18. Change of conditions:
BEETINY has the right to change the general conditions unilaterally. Changes will also apply to agreements already concluded, whereby the other party will be informed in writing.
19. Disputes:
Disputes arising from this agreement will be settled in court.
