General Terms

1. General
(1) These General Terms and Conditions (GTC) apply exclusively to all deliveries, services, and offers made by BeamTec GmbH to entrepreneurs, legal entities under public law, or public law special funds (hereinafter referred to as “Customer”).
(2) The Customer’s own terms and conditions or purchasing terms are hereby expressly excluded, even if BeamTec GmbH does not explicitly object to them. Deviations from these GTC are only valid if confirmed in writing by BeamTec GmbH.

2. Offer and Subject Matter of the Contract
(1) Our offers are non-binding and subject to change. The Customer’s order constitutes a binding offer to conclude a purchase contract. The contract comes into effect only upon written order confirmation by BeamTec GmbH or (for online orders) upon delivery and dispatch confirmation.
(2) Technical modifications and improvements due to technical progress or legal requirements are reserved, provided they are reasonable for the Customer and do not fundamentally alter the subject matter of the contract.

3. Prices, Packaging, Shipping, Partial Deliveries
(1) The prices indicated in the shopping cart of our website at the time of the order shall apply. Prices are net, ex-works, exclusive of statutory VAT, packaging, freight, and, if applicable, COD charges.
(2) Prices and availability of pre-announced products are subject to change until actual availability. The Customer will be informed of any changes in a timely manner; if the Customer does not agree, the contract will not be formed.
(3) Packaging materials become the property of the Customer.
(4) Packaging and shipping costs are borne by the Customer and will be stated prior to order completion.
(5) Partial deliveries are permitted and will be invoiced accordingly if requested by the Customer.

4. Delivery Times
(1) Delivery times are non-binding and may vary depending on product and market conditions. Any changes will be communicated to the Customer in a timely manner.
(2) In the event of impossibility of delivery for which BeamTec GmbH is not responsible, BeamTec GmbH is entitled to withdraw from the contract.

5. Transfer of Risk and Warranty
(1) The risk of accidental loss or damage to the goods shall pass to the Customer upon delivery of the goods to the carrier.
(2) The warranty period begins upon delivery and is governed by the statutory provisions in conjunction with § 377 of the German Commercial Code (HGB). If the Customer or a third party carries out repairs or modifications without the written consent of BeamTec GmbH, the warranty shall lapse, unless the Customer proves that the defects in question were not caused by such modifications.
(3) Obvious defects must be reported in writing immediately, but no later than 14 days after receipt of the goods. Otherwise, the goods shall be deemed accepted.
(4) The warranty period is one year from handover.
(5) No warranty is provided for normal wear and tear or damage resulting from improper use, incorrect operation, or exceptional operating conditions.

6. Limitation of Liability
(1) Liability of BeamTec GmbH and its vicarious agents is excluded to the extent permitted by law, except in cases of intent, gross negligence, injury to life, body or health, or breach of essential contractual obligations (cardinal duties).
(2) In cases of slight negligence, liability is limited to the amount typically foreseeable at the time of contract conclusion, but at most to ten times the contract value.
(3) The Customer is responsible for regular data backup; BeamTec GmbH is liable for data loss only to the extent required to restore data that would have been lost despite regular backup procedures by the Customer.

7. Payment
(1) Unless otherwise agreed, invoices are payable immediately without deduction.
(2) Payment methods will be communicated during the ordering process.
(3) In the event of default, BeamTec GmbH is entitled to charge default interest at a rate of 8 percentage points above the respective base interest rate.
(4) Set-off is only permitted with undisputed or legally established claims.
(5) Checks are accepted as payment only for processing purposes and do not constitute actual payment.

8. Retention of Title
(1) The delivered goods remain the property of BeamTec GmbH until full payment has been received.
(2) The Customer shall inform BeamTec GmbH immediately in case of third-party access to our goods.
(3) As security, the Customer assigns to BeamTec GmbH all claims arising from the resale of the goods subject to retention of title. BeamTec GmbH revocably authorizes the Customer to collect the assigned claims in their own name. This authorization may be revoked in the event of payment default.

9. Right of Revocation
The Customer’s right to revoke the order prior to delivery is only valid if expressly agreed in writing.

10. Return Provisions
Any obligations to take back goods are exclusively subject to the individual contract or written agreement.

11. Assignment of Claims
The assignment of the Customer’s claims under the contract requires the written consent of BeamTec GmbH.

12. Data Protection
(1) Personal data will be processed in accordance with the GDPR and the German Federal Data Protection Act (BDSG).
(2) BeamTec GmbH uses customer data solely for contract execution, customer service and—upon consent—for its own information and newsletters.
(3) Disclosure to third parties occurs only for the purpose of order fulfillment.
(4) The Customer has the right to information, rectification, restriction and erasure of their data, unless statutory retention obligations apply.

13. Final Provisions
(1) Amendments and supplementary agreements require written form.
(2) The place of performance and jurisdiction for all disputes—provided the Customer is a merchant or not a legal entity under public law—is our registered office in Ulm, Germany.
(3) The contract is governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Should any provision be invalid, the remaining provisions shall remain in force. The parties undertake to replace invalid provisions with those that most closely approximate the originally intended economic purpose.

BeamTec GmbH • Wolfgang-Paul-Str. 4 • D-89081 Ulm 
Tel.: +49 731 146620-0 • Fax: +49 731 146620-99 • info@beamtec.de • https://www.beamtec.de 
Register Entry: HRB 720095 Amtsgericht Ulm• Managing Director: Ralph Kempter • VAT-No.: DE238193863