Terms and Conditions
Unless stipulated otherwise in writing, every current and future agreement shall be governed by these terms and conditions, which shall constitute an integral part thereof, and shall take priority as of right over the customer’s terms and conditions of purchase. A departure from or change to these terms and conditions may be relied upon against only if we have given our consent thereto in writing.
2. CONTRACTUAL DOCUMENTS AND ACCEPTANCE
The order form and the current general terms and conditions shall constitute the contractual document. The agreement shall enter into force at the time when the customer confirms the order for agreement in writing (signature or confirmation by e-mail). The written confirmation of the order by the customer shall entail that the latter agrees with the full text of the order form of which he is cognizant, including these general terms and conditions.
If it should appear that one or more clauses may not be invoked fully or partially against the customer, the other provisions of the agreement shall remain in force. BMWL reserves the right to refuse an order without having to give reasons. In confirming the order in writing, the customer undertakes definitively and irrevocably to purchase the ordered goods. Full or partial cancellation of the order by the customer shall not be possible, irrespective of whether an advance was paid, and shall be irrevocably accompanied by the payment of compensation of 50% of the cancelled amount.
The prices are those mentioned in the order form, unless stipulated otherwise. BMWL reserves expressly the right to adjust the prices at all times if required to do so by economic circumstances, such as an exceptional increase of the variable costs (including, but not limited to: raw materials, wages, energy, etc.) or in the event of force majeure.
All prices are quoted exclusive of VAT unless agreed expressly otherwise.
4. DELIVERY TIMES AND DELIVERY
The indicated delivery times are provided for information only. They shall be met as much as possible. The overrun of these delivery times may not however lead to the cancellation of the agreement, refusal of the goods and/or to any compensation payable to the customer.
The goods shall be delivered and accepted, or deemed to be accepted, at the time of delivery.
DUTIES & TAXES
Customs duties & taxes within the European Union
No additional taxes or customs duties are charged for articles that are shipped within the European Union. The articles’ prices and shipping costs include VAT and are thus listed as gross prices.
THE FOLLOWING COUNTRIES ARE MEMBERS OF THE EUROPEAN UNION:
Germany, Austria, Great Britain, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus (South Cyprus only).
Our delivery charges include additional taxes or customs duties are charged for articles that are shipped within the European Union. The articles’ prices and shipping costs include VAT.
In every case all export orders (outside the EU) are DAP basis.
The seller is responsible for the delivery of the goods including transport costs to the named destination at the buyer. The costs of carrying out all the necessary import formalities are expressly excluded. These are borne by the buyer, meaning that all taxes incurred when importing to the country of destination must be paid by the buyer or the recipient.
5. QUALITY OF THE GOODS – PROTEST
The customer must check the goods immediately at the time of delivery. No complaint nor visible defects, missing goods or non-compliant delivery may be lodged after the delivery as stipulated in Article 4. Complaints shall, on pain of forfeiture, be lodged with BMWL and reasoned within three days after the delivery. Differences in color differences or shade between the illustrations or samples and the delivered goods are unavoidable and may thus not constitute any grounds for refusing the delivery.
Invoices shall be payable at our registered office, in cash and without discount.
Partial payments shall always be accepted under all reservations and without any prejudice, and shall be allocated in order of priority to cover any legal costs incurred, then interest due, then damages and finally the principal. Non-payment of a single invoice on the due date shall make the balance of all other invoices, including those not due, payable immediately as of right.
In case of non-payment or if BMWL should become cognizant of indications that the customer has lost his creditworthiness, we may suspend the performance of every agreement, and require payment of all outstanding sums, including those not yet due.
7. RETENTION OF TITLE – TRANSFER OF RISK
The delivered goods shall remain the property of BMWL entirely until payment in full is made, even when a payment extension has been granted. BMWL may dispose thereof up to that time freely and without prejudice. The aforementioned retention of title shall not hamper the transfer of the risk of loss, theft or damage of the goods to the customer as of the time that the goods are delivered, including of the delivery itself, which shall be carried out at the customer’s risk. The customer must take out insurance to cover these risks as of delivery.
8. INTELLECTUAL PROPERTY
Unless agreed otherwise in writing, all intellectual and industrial property rights to the goods shall remain the exclusive property of BMWL. The invoicing to and payment thereof by the customer shall apply only as remuneration for the delivered goods and may under no circumstances be considered as remuneration for the transfer of rights to drawings and models, trademarks and patents.
The transfer of such rights may be carried out only by concluding an additional agreement in writing that provides specifically and expressly for such a transfer.