• info@beurskens.de

  • Hubertusstraße 19 | 47638 Straelen

  • +49 28 34 / 94 38 0


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General terms and conditions

1. Scope
Our deliveries, services and offers are only available to entrepreneurs in terms of §14 German Civil Code (BGB), legal persons under public law or public law special legal estate (hereinafter "Customer"). All deliveries, services and offers shall be subject to these general terms and conditions. Therefore, these general terms and conditions are part of all contracts concluded with regard to our offered goods or services. General terms and conditions of the Customer or any others shall not be recognised unless we expressly agree in writing to their use in particular cases. The same applies to any agreements, in particular to Customer's purchase conditions, that may deviate from these general terms and conditions. Our statements shall be also binding when sent by electronic transmission (e-mail etc.).

2. Offer, conclusion of the contract
All offers in this catalogue are a non-binding invitation to the Customer to place an order for goods. The contract shall only come about to the agreed conditions when we accept the Customer's order. The order shall be considered accepted latest when the product is delivered. Any previously sent order confirmation shall not constitute acceptance of the offer. Until that time our offers shall therefore remain non-binding. The catalogue provided to the Customer shall remain our property. The prices stated in the catalogue shall apply up to the publication of a new catalogue or a new price list. Reprint or reproduction - including excerpts - are only permitted with our explicit written permission.
Specifications in our catalogue on the object of delivery or service (e. g., weights, sizes, loading capacity or technical data) are approximate values unless the contractually intended purpose requires an exact match. They are no guaranteed specifications but descriptions or identifications of goods or services. Guaranteed quality needs explicit agreement. Where in doubt, we do not guarantee any special quality. Customary divergences or divergences arising from technological improvements, or the substitution of prefabricated parts by equivalent parts, shall be permissible unless the contractually intended purpose is affected.

3. Prices and terms of payment
All prices in EURO including VAT. Prices may apply only to orders of any stated least order amounts. Add any costs for shipping and handling according to section 5. We shall deliver the first orders of Customers who were not in business with us before after a review and only against advance payment or cash. Any conclusion of a contract shall be subject to this reservation unless we expressly agreed otherwise.
With us you can pay with the following payment methods:
Bank transfer, Sepa direct debit, Paypal, advance payment and cash payment.
The invoices are payable net within 30 days using the payment method bank transfer or SEPA direct debit.
Payment methods PayPal, advance payment and cash payment are payable net immediately.
The Customer may claim right of retention and set-off only insofar as any counterclaims are undisputed or legally binding.
Upon default we shall account interests at the rate of 8 % above the base rate, reserving the right to assert higher default damages.
Foreign countries (only EU member states): We shall automatically deduct a VAT of 19% from the invoice for EU corporate Customers with VAT number, provided that you tell us your VAT number. Delivery abroad only against advance payment or cash.

4. Deliveries
We deliver ex works Straelen, Germany. Delivery deadlines and dates refer to the appointed time of handing over to the forwarding agent, carrier or other person appointed to the transport. We will choose the most suitable kind of shipping.

5. Performance, delivery, transfer of risk, acceptance
Unless otherwise stated, the place of performance for all obligations arising from the contractual relationship shall be Straelen.
Any shipping costs shall be borne by the Customer. Packaging and shipping require an all-inclusive amount of 6.50 euros per package no heavier than 30 kg net within the FRG. If the commodity value is higher than 300 euros net, we deliver free of charge within the FRG. In case of delivery to German islands we will have to add an island surcharge at the rate of 10.00 euros net for each package, independent of the order value. The highest package weight for the delivery to German islands is 30 kg.
No delivery to DHL Packstations.
In case of delivery abroad we shall always charge shipping costs which the Customer may ask about, if needed. We shall only ship to member states of the European Community and the European Economic Area. The risk shall be transferred to the Customer at the latest upon handing over the object of delivery to the forwarding agent, carrier or other person appointed to delivery.

The delivery shall be insured by us only against theft, breakage, transport, fire and water damage or other insurable risks at the Customer's express request and on the Customer's expense. We shall pass any consisting insurance coverage to the Customer to compensate any resulted damage.

6. Return of goods
All returns of goods shall be sent properly packed and free of charge, the transport risk shall remain with the sender until the goods have arrived in our sphere of influence. This shall not limit the Customer's rights with regard to any defects of the product. If we are not to be blamed for the reason of the return, we shall be entitled to reduce the credit by 10% but no less than 10.00 euros, according to the kind and scope of the returned goods. The Customer may demonstrate that no or less damage has occurred to us.
If the Customer should withdraw from the contract without justification or refuse to accept the goods or if the goods cannot be delivered for any other reasons, we shall be entitled to charge 10% of the retail price to compensate expenses from handling the order. Any further claims for damages shall remain unaffected. The Customer may demonstrate that no or less damage has occurred to us.

7. Warranty, material defects
The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages of the customer resulting from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the seller or his sales agents, which in each case become statute-barred according to the statutory provisions. This period also does not apply to the claims referred to in paragraph 4.
The delivered items must be inspected carefully immediately after delivery to the customer or to the third party appointed by him. They shall be deemed to have been approved by the customer in the case of obvious defects or other defects that would have been detectable in the event of an immediate, careful examination, unless we receive written notice of defects within two weeks of delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the customer if the notice of defects does not reach us within two weeks of the date on which the defect was revealed; If the defect was already apparent to the customer under normal conditions of use at an earlier date, that earlier date is decisive for the commencement of the period for complaint. At our request, a rejected delivery item is to be returned carriage paid to us. In the case of a justified complaint, we will reimburse the costs of the cheapest shipping route; this does not apply if the costs increase because the delivery item is located in a place other than the place of intended use.
In the case of material defects of the delivered items, we are obliged and entitled to remedy or replacement after our reasonable choice has been made. In the case of failure, i. the impossibility, unreasonableness, refusal or inappropriate delay of the repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately.
Claims of the customer according to § 439 Abs. 2 and 3 BGB and § 635 Abs. 2 BGB remain unaffected. Claims of the customer according to §§ 445a, 445b BGB exist only if we are at fault. The rights of the customer according to § 478 BGB remain unaffected. The rights referred to in this paragraph do not exist if the delivered goods are deemed to have been approved in accordance with paragraph 2.
If a defect is the fault of us, the customer may claim damages under the conditions specified in § 8. Any delivery of used items agreed upon with the customer in individual cases shall be subject to the exclusion of any warranty for material defects.

8. Liability for damages due to fault
Our liability for damages, for whatever legal reason, in particular impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, as far as it is in each case at fault, in accordance with this § 8 limited. We shall not be liable in case of simple negligence on the part of our bodies, legal representatives, employees or other vicarious agents, insofar as it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely delivery and installation of the delivery item, whose freedom from defects in title and material defects that affect its functionality or serviceability more than insignificantly, as well as advisory, protective and custody duties that enable the customer to use the contractual object or the protection of life or limb of the customer's personnel or the protection of their property from significant damage. Insofar as we are liable for damages in accordance with § 8, this liability is limited to damages which we foreseen at the conclusion of the contract as a possible consequence of a breach of contract or which we should have foreseen by applying due diligence. Indirect damage and consequential damage, which are the result of defects in the delivery item, are also only substitutable insofar as such damage can typically be expected in the case of the intended use of the delivery item. The above exclusions and limitations of liability apply to the same extent in favour of our bodies, legal representatives, employees and other sales agents. Insofar as we provide technical information or advise and this information or advice does not belong to the contractually agreed scope of services owed by us, this is done free of charge and to.

9. Retention of title
The supplied goods shall remain our property until all deliveries and services were fully paid. Any sold goods shall remain our property until the purchase price was fully paid. Any treatments and processes shall be made for us, we shall acquire property according to §950 German Civil Code.

10. Final provisions
Unless otherwise stated, the place of all contractual duties is Straelen, Germany.
Jurisdiction for any disputes arising from this business relationship is either Straelen or the Customer's location, depending on our choice. Compelling statutory provisions on exclusive jurisdiction remain unaffected by this provision. The legal relations between us and the Customer are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods as of 11 April 1980 (CISG) shall not apply.

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