1. These general conditions of sale apply to all - including future - contracts with entrepreneurs, jur. Persons of public law and special funds under public law concerning deliveries and other services, including work contracts and the delivery of unjustifiable goods. In the case of third-party business, the terms and conditions of the price list of the commissioned supplying plant also apply. Conditions of purchase of the buyer are not recognized even if we do not contradict them again after receipt by us.

2. Our offers are non-binding. Verbal agreements, promises, assurances and guarantees of our employees in connection with the conclusion of the contract shall become binding only upon our written confirmation.

3. In case of doubt, the incoterms in their most recent version shall be decisive for the interpretation of commercial clauses.

1. Prices are ex works or warehouse plus freight and VAT. Unless otherwise agreed, the prices and conditions of our price list valid at the time of conclusion of the contract apply.

2. If, within four weeks after the conclusion of the contract, duties or other external costs included in the agreed price change, or if they arise again, we shall be entitled to a price change to the appropriate extent. This also applies to an increase in our freight costs. If the price of import business increases due to the imposition or renewal of anti-dumping and / or countervailing duties, we shall be entitled to the same amount to equalize the agreed price.

1. Unless otherwise agreed or stated in our invoices, the purchase price is due immediately after delivery without deduction of discount and to be paid in such a way that we can dispose of the amount on the due date. The buyer bears the costs of the payment transaction. A right of retention and a right of offsetting are available to the buyer only insofar as his counterclaims are undisputed or have been legally established.

2. If the buyer issues a SEPA-based mandate / SEPA company mandate to BeTraCo Stahl Vertriebs GmbH, the collection takes place on the debit date indicated in the invoice. If the debit date stated in the invoice falls on a public holiday, the debit date shifts to the first following working day. The pre-notification deadline will be reduced to 5 days. The buyer assures to provide for the cover of the account.

3. In case of exceeding the term of payment or default we charge interest of 14,25%. The assertion of further damages remains reserved.

4. The buyer shall be in default no later than ten days after the due date of our claim without the need for a reminder.

5. If, after the conclusion of the contract, it becomes apparent that our payment claim is jeopardized by the purchaser's inability to pay, or if the purchaser is in default of payment with a considerable amount or if there are other circumstances that indicate a significant deterioration of the purchaser's ability to pay after the conclusion of the contract, We are entitled to the rights under § 321 BGB. We are then also entitled to make all outstanding claims from the current business relationship with the buyer due and to demand payment in advance for outstanding deliveries and services.

6. An agreed cash discount always only refers to the invoice value excluding freight and requires the full settlement of all due liabilities of the buyer at the time of the discounting.

1. Our obligation to deliver is subject to correct and timely self-delivery, unless the incorrect or late self-delivery is our fault.

2. Details of delivery times are approximate. Delivery periods begin on the date of our order confirmation and shall only be valid provided that all details of the order have been clarified in due time and all obligations of the purchaser have been fulfilled, such as providing all official certificates, issuing letters of credit and guarantees or making down payments.

3. For the observance of delivery times and dates, the time of dispatch ex works or warehouse is decisive. They are deemed to have been met with notification of readiness for dispatch if the goods can not be sent in due time without our fault.

4. Events of force majeure entitle us to postpone deliveries for the duration of the hindrance and a reasonable start-up time. This also applies if such events occur during an existing default. Force majeure includes monetary, commercial and other sovereign measures, strikes, lockouts, operational disturbances not caused by us (eg fire, machine and roll breakage, shortage of raw materials or energy), obstruction of traffic routes, delay in import / customs clearance , as well as all other circumstances, which - without being indebted to us - make the deliveries and services considerably more difficult or impossible. It does not matter whether these circumstances occur with us, the supplier or a subcontractor. If, as a result of the aforementioned events, the performance of the contract becomes unreasonable for one of the contracting parties, it may withdraw from the contract by immediate written declaration.

5. The delivery (provision) of test certificates according to EN10204 requires a written agreement. We are entitled to copy such certificates.

6. Customer must be informed of the use as construction product according to BauPVO.

1. All delivered goods remain our property (reserved goods) until the fulfillment of all claims, in particular also the respective balance claims, which we are entitled to in the context of the business relationship (balance reserve). This also applies to future and conditional claims, eg from acceptance changes, and also when payments are made on specially designated claims. This balance will be definitively terminated by the settlement of all outstanding claims at the time of payment and of these balances.

2. Working and processing of the reserved goods are carried out for us as a manufacturer within the meaning of § 950 BGB, without obligation to us. The processed and processed goods are considered reserved goods within the meaning of no. 1. In the processing, connection and mixing of the reserved goods with other goods by the buyer, the co-ownership of the new thing is proportional to the ratio of the invoice value of the reserved goods to the invoice value of the other used goods. If our property lapses due to combination or mixing, the buyer hereby assigns to us the property rights to the new inventory or the property to which it is entitled in the scope of the invoice value of the reserved goods and stores them free of charge for us. Our co-ownership rights are considered reserved goods in the sense of No. 1.

3. The buyer may sell the reserved goods only in the ordinary course of business at its normal terms and conditions and as long as he is not in default, provided that the claims from the resale in accordance with. Nos. 4 to 6 turn to us. He is not entitled to other dispositions concerning the reserved goods.

4. The claims arising from the resale of the reserved goods, together with all the securities that the buyer acquires for the claim, are now assigned to us. They serve as security for the same extent as the reserved goods. If the reserved goods are sold by the buyer together with other goods not sold by us, then the claim from the resale in the ratio of the invoice value of the reserved goods to the invoice value of the other sold goods is assigned to us. In the sale of goods in which we co-ownership shares. No. 2, a part corresponding to our co-ownership share is assigned to us.

5. The buyer is entitled to collect claims from the resale. This collection authorization shall expire in the event of our revocation, but at the latest in the case of late payment, non-payment of a bill of exchange or application for the opening of insolvency proceedings. We will only make use of our right of revocation if, after conclusion of the contract, it becomes apparent that our payment claim under this or other contracts with the buyer is jeopardized by its inability to pay. At our request, the buyer is obliged to inform his customers immediately of the assignment to us and to give us the documents necessary for collection.

6. The buyer must notify us immediately of a seizure or other impairment by third parties. The buyer bears all costs that must be expended to cancel the access or return transport of the goods, unless they are replaced by third parties.

7. If the buyer is in default of payment or does not accept a bill of exchange on the due date, we are entitled to take back the reserved goods and, if necessary, to enter the buyer's business. The same applies if, after the conclusion of the contract, it becomes apparent that our payment claim under this contract or from other contracts with the buyer is jeopardized by its inability to pay. The redemption is not a withdrawal from the contract. Rules of the Insolvency Act remain unaffected.

8. If the invoice value of the existing securities exceeds the secured claims including ancillary claims (interest, costs etc.) by more than 50%, we are obliged to release securities of our choice at the request of the buyer.

1. Grades, grades and dimensions are determined according to the agreed, in the absence of agreement according to the valid at the time of conclusion of the contract DIN / EN standards for lack of such according to commercial custom. References to standards such as DIN / EN standards or their components such as material sheets, test certificates or test standards as well as information on types, dimensions, weights and usability are no representations or warranties, nor declarations of conformity, manufacturer's declarations and corresponding marks such as CE and GS.

2. The weights are determined by the weighing carried out by us or our upstream supplier. The proof of weight is provided by presentation of the weighting note. For factory packages, the weighing is done gross for net. We can theoretically determine the weights of the steel products without weighing by length or area. We are also entitled to increase the theoretical weight by up to 2½% to compensate for rolling and thickness tolerances (commercial weight) and to calculate on the basis of a trade weight of 8kg / dm3. In the dispatch note specified quantities, Bundzahlen oa are not binding for goods calculated by weight. Unless a single weighing is usually carried out, the total weight of the consignment applies in each case. Differences compared to the calculated individual weights are distributed relatively to them.

3. The sale of tear and corrugated sheets is always at the unit or panel price. Any weight information given in offers, order confirmations and invoices is for internal pricing only and does not represent an agreed quality or quality of the goods.

1. If an acceptance has been agreed, it can only take place in the delivery plant or our warehouse immediately after notification of readiness for acceptance. The buyer bears the personal acceptance costs, the material acceptance costs are calculated according to our price list or the price list of the supplier.

2. If acceptance is not carried out without our fault, not in time or incompletely, we are entitled to ship the goods without acceptance or to store them at the expense and risk of the buyer and to charge him.

1. We determine the shipping route and means as well as the freight forwarder and carrier.

2. Goods notified in accordance with the contract ready for shipment must be retrieved immediately, otherwise we are entitled to send them to us at the expense and risk of the purchaser at our discretion or to store them at our own discretion and charge immediately.

3. If, without our fault, it is impossible or considerably more difficult to transport on the designated route or to the place provided in the scheduled time, we are entitled to deliver by another route or to another place; the resulting additional costs shall be borne by the buyer. The buyer will be given the opportunity to comment beforehand.

4. With the handing over of the goods to a freight forwarder or carrier, at the latest, however, when leaving the warehouse or the delivery factory, the risk, including that of a seizure of the goods, in all transactions, even in free and home delivery, on the Buyer over. For insurance we provide only on the instructions and costs of the buyer. Duty and cost of unloading are at the expense of the buyer.

5. The goods are delivered unpacked and not protected against rust. If agreed, we deliver packed. For one-way packaging, protection and / or transport aids, we also provide in our experience at the expense of the buyer. We do not take over costs of the buyer for the return transport or for an own disposal of the packing.

6. We are entitled to partial deliveries to a reasonable extent. We are entitled to exceed the agreed delivery quantities adequately. The specification of a "circa" amount entitles us to exceed or fall short of and corresponding calculation up to 10%.

1. For deals with continuous delivery, we are to give up on orders and sorting for approximately equal monthly quantities; otherwise we are entitled to make the determinations ourselves at our reasonable discretion.

2. If the individual calls exceed the contract volume in total, we are entitled to deliver the additional quantity, but not obliged. We are then entitled to charge the excess quantity at the prices (daily prices) valid at the time of retrieval or delivery.

1. For the examination of the goods and notification of defects, the statutory provisions shall apply with the proviso that the obligation to inspect the goods after delivery also for defects or the absence of any certificates according to or according to EN10204, performance declarations, CE mark, Ü Signs, safety data sheets and substance lists and defects are to be reported to us in writing.

2. In the case of justified, timely notification of defects, we can, at our discretion, rectify the defect or deliver a faultless product (supplementary performance). In case of failure or refusal of supplementary performance, the buyer can withdraw from the contract or reduce the purchase price after an unsuccessful expiry of a reasonable period. If the defect is not significant, or if the goods have already been sold, processed or redesigned, then they are entitled to the right of reduction.

3. We shall only assume any expenses in connection with supplementary performance insofar as they are reasonable in individual cases, in particular in relation to the purchase price of the goods, but in no case exceed 150% of the value of the goods. Excluded are costs in connection with the installation and removal of the defective item. Expenses arising from the fact that the sold goods were transported to a place other than the agreed place of fulfillment, we do not accept, unless this corresponds to their contractual use.

4. After execution of an agreed acceptance of the goods by the buyer, the complaint of material defects, which were ascertainable in the agreed manner of acceptance, is excluded. If the buyer has remained unaware of a defect as a result of negligence, he can only assert rights due to this defect if we have fraudulently concealed the defect or assumed a guarantee for the condition of the goods.

5. If the purchaser does not immediately give us the opportunity to convince ourselves of the material defect, in particular if he does not provide the rejected goods or samples thereof promptly for inspection purposes, especially on request, all rights due to the material defect shall be void.

6. In the case of goods sold as declassified material, the purchaser is not entitled to any rights due to material defects with regard to the specified reasons for declassification and such defects as he is likely to expect. When selling lla-Ware our liability for material defects is excluded.

7. Our further liability is based on section XI of these conditions. Rights of recourse of the buyer according to §§ 478, 479 BGB remain unaffected.

1. We are liable for breach of contractual and non-contractual obligations, in particular due to impossibility, delay, culpability in contract initiation and tort, even for executives and other vicarious agents - only in cases of intent and gross negligence, limited to the contract-typical foreseeable contract damage. Incidentally, our liability, including for defects and consequential damages, is excluded.

2. These limitations do not apply to culpable breaches of material contractual obligations, to the extent that the achievement of the purpose of the contract is jeopardized, culpably caused damage to life, limb and health and even if and as far as we sold the guarantee for the condition for the And in cases of mandatory liability under the Product Liability Act. The rules on the burden of proof remain unaffected.

3. Unless otherwise agreed, contractual claims that the buyer incurs against us on occasion and in connection with the delivery of the goods shall expire one year after delivery of the goods. This period also applies to goods that are used in accordance with their normal use for a building and have caused its defectiveness, unless this use was agreed in writing. Our liability for intentional and grossly negligent breaches of duty, culpably caused damage to life, limb and health as well as the statute of limitations of recourse claims according to §§ 478, 479 BGB remains unaffected.

1. The place of performance for our deliveries is the delivery plant ex works and the other deliveries according to the place specified by us. The place of jurisdiction is the domicile of our head office or the place of business of the buyer.

2. For all legal relationships between us and the buyer, in addition to these conditions, the German non-unified law, in particular the BGB / HGB, shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods of 11th April 1980 do not apply.

Version 02/2019