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. The terms of delivery and payment of Beuth Verlag apply to the exclusion of all others. Deviating, contrary or supplementary terms and conditions of the Buyer shall not form part of this Agreement, even where this is not expressly contested by Beuth Verlag. Any special agreements with the Buyer made in individual cases (including collateral agreements, supplementary agreements or modifications) take precedence over these terms of delivery and payment. A written contract or the written confirmation of Beuth Verlag is decisive for the content of such agreements. In addition, the provisions of the German regulations regarding book trade transactions in their 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 of Beuth Verlag 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 post) are also possible. Beuth Verlag has the right to accept the offer to purchase at its own discretion, and acceptance is effected subject to availability of the ordered product. Confirmation of the Buyer`s order upon reception of his offer does not yet constitute acceptance of the offer. Acceptance can be declared either in writing (e.g. by way of separate confirmation of the order) or by delivery of the ordered product to the customer.
b) All prices listed include the applicable value-added tax. The shipping costs including any customs duties and levies based on the applicable laws shall be paid by the Buyer.
c) The risk of accidental destruction and accidental deterioration passes to the Buyer as soon as the product has been handed to the forwarder, carrier or other person or body specified to carry out the shipment. (§447 para. 1 BGB)
d) The Buyer can pay by credit card or by invoice.
- The right to file warranty claims for defects ends one year after the starting date of the legal period of limitation. This does not apply to claims for defects arising from injury to the life, body or health of the Buyer, or to liability for damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents. 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 liability for 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 obligations the breach of which would endanger the aim of the contract and which thus the Buyer can legitimately rely on being fulfilled. 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 above limitations also apply to BeuthVerlag’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 purchasing, the Buyer transfers to Beuth Verlag all claims deriving from resale, and Beuth Verlag accepts such assignment on taking the order. Beuth Verlag will release the reserved goods and demands arising in their place provided their value does not exceed that of the secured demands by more than 20 %. Beuth Verlag is responsible for selection of the objects to be released.
- 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 (unless the Buyer can prove that no reminder cost at all or a substantially lower reminder cost than that set has been incurred), plus interest at the legal rate, will be charged. 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 Guidelines, are not book trade articles. Beuth Verlag does not grant a trade discount for them. Technical rules are not permitted to be returned or exchanged unless faulty.
- If Beuth Verlag, despite being under no legal obligation to do so, agrees to take back single publications at the Buyer’s request, it may charge a handling fee of 10 % of the invoice amount, and at least 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 (at present Berlin) insofar as this is permitted by law. Beuth Verlag is also entitled to bring legal action at the Buyer’s principal place of business.
- Contracts between the Buyer and Beuth Verlag are governed by the law of the Federal Republic of Germany, excluding all references to other legal systems and international contracts. The UN Convention on Contracts for the International Sale of Goods does 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 by Beuth Verlag 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 is not permitted to be used without the Buyer's express consent.
Information on the application of standards
Anyone can apply DIN Standards. Whoever does so shall ensure that the standard is applied correctly in that specific case. DIN Standards are only one of many sources of information on good technical practice under normal circumstances. They cannot cover all possible cases in which further measures or more restricted actions may be necessary. Nevertheless, they 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. The application of a standard does not exempt users from the responsibility for their own actions. To this extent, all users act at their 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.
DIN German Institute for Standardization, Berlin
Explanation of symbols
Symbols used in association with prices and discounts 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)
Current as of: January 2015.
Beuth Verlag GmbH
Telefon 030 2601-2260
Telefax 030 2601-1260