1. Our orders are exclusively subject to the following terms and conditions. Conflicting terms of delivery shall have no legal effect, even if we do not expressly object to them. By accepting the order and/or delivery, the supplier accepts our terms and conditions. Individual agreements (e.g. framework supply agreements, quality assurance agreements) and details in our order shall take precedence over these terms and conditions. In case of doubt, trade terms shall be interpreted in accordance with the Incoterms® issued by the International Chamber of Commerce in Paris (ICC) in the version valid at the time of conclusion of the contract.
2. If our orders are not confirmed in writing within 8 days, we may cancel the order. The confirmation must state the price and delivery date. Our order number must be stated on all documents. The supplier must comply exactly with our order and expressly notify us of any deviations. The same applies if the supplier submits an offer to us.
3. The supplier’s quotations shall be free of charge and shall not be binding on us.
4. We may request changes to the design and execution of the delivery item within the scope of what is reasonable for the supplier. The consequences, in particular the additional and reduced costs as well as the delivery dates, are to be regulated appropriately.
5. The supplier shall not be entitled to pass on our orders or commissions to third parties without our consent; otherwise we shall be entitled to withdraw from the contract in whole or in part and to claim damages.
1. Our specifications, drawings etc. must be strictly observed. In the event of excess deliveries exceeding the usual quantity, we reserve the right to return the excess goods at the supplier’s expense. Partial deliveries are only permitted with our consent.
2. The agreed delivery dates are binding and must be met on time. As soon as the supplier realises that he will not be able to fulfil his contractual obligations, in whole or in part, or not on time, he must inform us immediately, stating the reasons and the expected delivery date.
3. If the supplier fails to deliver at the agreed time, he shall be liable for the damage caused by the delay. In addition, we shall be entitled to claim damages instead of performance and/or to rescind the contract in whole or in part if we have unsuccessfully set the supplier a reasonable deadline for performance or subsequent performance and the supplier fails to perform or fails to perform in accordance with his obligations.
4. If the seller is in default, we shall be entitled, in addition to our other statutory rights, to claim a lump-sum compensation for the damage caused to us by the delay of 1% of the net price per completed calendar week, but not more than a total of 5% of the net price of the goods delivered late. We reserve the right to prove that higher damages have been incurred. The seller reserves the right to prove that no damage at all or only significantly less damage has been incurred.
Packaging shall be charged at cost price if the agreed price does not include packaging. The supplier must choose the most favourable type of packaging for us. We will reduce packaging costs that are calculated too high. If the packaging material is returned to the supplier, we will deduct 2/3 of the invoiced packaging costs. All damage caused by improper packaging shall be borne by the supplier. In the event of non-compliance with packaging regulations, e.g. use of non-recyclable packaging, we shall be entitled to deduct the resulting additional costs from the invoice.
1. Unless otherwise agreed, delivery shall be made free domicile duty paid (DDP as per Incoterms® 2020) including packaging to the address specified by us. The supplier shall bear the risk of accidental loss or accidental deterioration of the supplies (risk of loss or accidental deterioration) until acceptance of the supplies by us or our authorised representative at the place to which the supplies are to be delivered in accordance with the order.
2. Immediately after dispatch, the supplier must send us the dispatch note, which must contain the exact description, our order number, our article number, the quantity, the weight (gross and net), the type and packaging of the goods and the item. If the necessary shipping documents for a shipment are not provided in time or if the above information is missing from the shipping documents so that the shipment cannot be allocated or processed, the goods will be stored at the supplier’s expense and risk until the shipping documents or the complete information are received.
In cases of force majeure, strikes, lockouts, catastrophes or other circumstances which prevent the timely acceptance of the delivery and for which we are not responsible, we shall be entitled to postpone our obligation to accept delivery appropriately or to withdraw from the order in whole or in part if the acceptance and use of the order becomes impossible or unreasonable for us. We will inform the supplier immediately. Claims for damages in this respect are excluded.
1. Invoices must contain our order number, the order date, the delivery date and the article number.
2. Unless expressly agreed otherwise, payment shall be made as follows Invoices, 14 days after receipt of delivery, in each case with a 3% discount. Any further agreements on discounts, bonuses etc. shall remain unaffected by this. In the event of early delivery, the period between this and the agreed delivery date or the delivery date stated by us shall not be taken into account. If, in individual cases, longer payment periods have been agreed, these shall take precedence over the above provision.
3. If the invoice amount is paid before receipt of the goods, payment shall be made subject to receipt of the goods; the right to give notice of defects shall not be affected by premature payment.
1. We are not obliged to carry out a detailed inspection of incoming goods; we shall inspect randomly and for obvious defects. The values determined by us shall be authoritative for quantities, dimensions and weights.
2. Notification of defects shall be deemed to have been made in good time if obvious (open) defects are notified to the supplier within five working days of receipt of the goods at the latest. Defects which are not recognisable (hidden) on inspection in the ordinary course of business may also be notified by us at a later date within five working days of their discovery and identification.
3. The supplier is obliged to provide us with possession and ownership of the goods free of material defects and defects of title. A material defect exists in particular if the goods do not have the agreed quality at the time of transfer of risk and/or are not suitable for the use assumed under the contract and/or do not retain their quality and/or usability for the usual period of time.
4. In the case of goods with digital elements or other digital content, the seller is responsible for providing and updating the digital content to the extent that this results from a quality agreement or other product descriptions by or on behalf of the manufacturer, in particular on the Internet, in advertising or on the product label.
5. In the event of material defects and defects of title as well as other breaches of duty, our claims and rights shall be governed by the German Civil Code (BGB). In addition to the statutory rights, the following is agreed:
If the supplier fails to comply with its obligation to remedy the defect within a reasonable period set by us, we shall be entitled to remedy the defect ourselves or have it remedied by a third party at the supplier’s expense, unless the supplier rightfully refuses to remedy the defect. § Section 323 (2) of the German Civil Code shall apply mutatis mutandis; no time limit need be set even if subsequent performance has failed or is unreasonable for us. If, in the case of subsequent performance, work (e.g. sorting, repairs) is required at the location or in the factory to which the goods are to be delivered as intended, the supplier shall be obliged to carry out the subsequent performance there at its own expense or to arrange for it to be carried out. In order to avoid downtime, this must be done immediately without the need to set a special deadline in addition to the notification. Otherwise, we and/or the affected parties in the supply chain are entitled to carry out this work or have it carried out at the supplier’s expense.
5. Subject to longer statutory periods or periods agreed in individual cases and subject to the provisions of clauses 6 and 7, our claims arising from defects of quality and title and other breaches of duty by the supplier shall become statute-barred at the earliest 3 years after delivery to us. The period shall be extended by the periods during which the limitation period is suspended.
6. If claims are made against us on account of defects in the goods or other breaches of duty for which the supplier is responsible, the supplier shall indemnify us against all claims by our contractual partners; in the case of claims for damages, however, only to the extent that the supplier is responsible for the defect in the goods or other breach of duty. Our claims for damages and indemnification against all damages and expenses shall extend beyond the liability and limitation periods stipulated in Clause 5, however, up to a maximum of 10 years from the start of the statutory limitation period, as long as we are responsible for the goods purchased from the supplier and the resulting damages and expenses for reasons for which the supplier is responsible. Claims arising from breaches of duty by the supplier of which we give notice within the liability and limitation period shall become statute-barred at the earliest 3 months after such notice.
7. Further claims and longer limitation periods under the German Product Liability Act (ProdHaftG), from unlawful acts, from fraudulent conduct and from a guarantee remain unaffected. The supplier undertakes to keep all design and production documents relating to the delivered goods for 11 years and to make them available to us at any time in the event of a product liability claim against us.
(1) In addition to claims based on defects, we shall be entitled without restriction to our statutory claims for reimbursement of expenses and recourse within a supply chain (supplier’s recourse pursuant to §§ 478, 445a, 445b or §§ 445c, 327 (5), 327u BGB (German Civil Code). In particular, we shall be entitled to demand from the seller the same type of subsequent performance (repair or replacement) that we owe to our customer in the individual case; in the case of goods with digital elements or other digital content, this shall also apply with regard to the provision of necessary updates. Our statutory right of choice (Section 439 ( 1) BGB (German Civil Code) is not restricted by this.
(2) Before we acknowledge or fulfil a claim for defects asserted by our customer (including reimbursement of expenses pursuant to §§ 445a para. 1, 439 para. 2, 3, 6 sentence 2, 475 para. 4 of the BGB (German Civil Code)), we shall notify the seller and request a written statement briefly outlining the facts of the case. If no substantiated statement is made within a reasonable period of time and no amicable solution is reached, the claim for defects actually granted by us shall be deemed to be owed to our customer. In this case, the burden of proof is on the seller.
(3) Our claims from supplier recourse shall also apply if the defective goods have been combined with another product or have been processed in any other way by us, our customer or a third party, e.g. by installation, attachment or assembly.
In accordance with this provision, the supplier warrants that the products supplied by it do not infringe any industrial property rights of third parties in countries of the European Union or other countries in which he manufactures the products or has them manufactured. The supplier is obliged to indemnify us against all claims asserted against us by third parties on account of such infringement of industrial property rights and to reimburse us for all necessary expenses in connection with such claims. This shall not apply if the supplier proves that it is not responsible for the infringement of the industrial property right or that it should not have been aware of it at the time of delivery if it had exercised due commercial care. This shall be without prejudice to our further statutory claims based on defects in title of the products delivered to us.
1. The contracting parties undertake to treat as business secrets all commercial and technical details which are not in the public domain and which become known to them in the course of the business relationship.
2. Drawings, models, tools, templates, samples and other documents which we make available to the supplier for the execution of orders must be treated confidentially and may only be used for the execution of our orders, may not be reproduced and may not be made accessible to third parties. These items shall remain our property. The goods manufactured hereunder may not be passed on to third parties either in an unfinished state or as semi-finished or finished products; the same applies to parts which the supplier has developed according to our specifications.
3. Subcontractors shall be bound accordingly.
4. If the supplier produces models, tools or drawings which are necessary for the execution of the order, these must be treated confidentially in the same way. It is agreed that these items shall become our property as soon as we have paid the agreed remuneration, or shall become our joint property as soon as we have made a down payment in the ratio of the agreed remuneration to the down payment. The supplier shall store these items for us free of charge. We shall be entitled to take possession of them if the supplier is threatened with enforcement measures or if insolvency proceedings are applied for in respect of his assets. Upon completion of the order, these items shall be returned to us.
1. Rights and obligations arising from our orders may not be assigned or transferred to third parties. With the exception of extended retention of title, the supplier is not entitled to assign claims against us to third parties.
2. The supplier retains title to the goods supplied until all his claims arising from the business relationship with us have been settled. In the case of a current account, the reserved property shall serve as security for the balance claim. We are entitled to process and resell the delivered goods in the ordinary course of business. The use of the reserved goods to fulfil contracts for work and services and contracts for work and materials shall also be deemed to be a resale. We are not entitled to pledge or assign the reserved goods as security. If goods subject to retention of title are processed, combined or mixed with other goods, the supplier shall be entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods used. We hereby assign to the supplier all claims arising from the resale or onward delivery, also on a pro rata basis, if the goods have been processed, mixed or blended and the supplier has demanded co-ownership.
If the goods subject to retention of title are resold together with other goods, we hereby assign to the supplier the claim arising from the resale in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. The supplier undertakes to release the securities to which it is entitled to the extent that their value exceeds the claims to be secured by more than 10%, insofar as these have not yet been settled.
1. The supplier undertakes to comply with and observe the REACH Regulation (Registration, Evaluation and Authorisation of Chemicals). The supplier shall provide us in good time with all necessary information concerning the contractual products.
2. The supplier shall only use products, packaging and/or processes that comply with the applicable environmental protection regulations with regard to production, operation and disposal.
The supplier shall take appropriate measures to ensure and guarantee that no contaminated steel, non-ferrous products, preliminary products or steel products that do not comply with the statutory regulations are used.
The supplier shall ensure by appropriate monitoring measures and warrants to us that no so-called “conflict minerals” within the meaning of US law (Section 1502 of the Dodd-Frank Act) are used by it in connection with deliveries to and for us.
3. The supplier shall ensure that the working environment for its employees is safe and healthy and that human rights are respected. The supplier warrants that neither it nor any of its affiliates will engage in business practices that violate the provisions of the Children’s Rights Commission.
3.In connection with the contractual relationship, the supplier is obliged to comply with the relevant legal provisions. This applies in particular to anti-corruption and money laundering laws, as well as anti-trust, labour and environmental laws.
The supplier shall ensure that the products it supplies comply with all relevant requirements for placing on the market in the European Union and the European Economic Area. On request, the supplier shall provide us with evidence of such compliance.
The supplier shall use reasonable efforts to ensure that its subcontractors comply with the supplier’s above obligations in this section XI.
1. The place of performance is the location of our registered office.
2. In the case of contracts with merchants, legal persons under public law or special funds under public law, all disputes shall be settled by the courts having jurisdiction over our registered office. We shall also be entitled to bring an action before the courts at the registered office of our respective contractual partner.
3. German law shall apply to all orders, deliveries and services with the exception of the UN Convention on Contracts for the International Sale of Goods. The contract language is German. If the parties also use another language, the German wording shall prevail.
Should any provision of these terms and conditions and/or any other agreements made be or become invalid, this shall not affect the validity of the remainder of the contract. The parties to the contract are obliged to replace the ineffective provisions with provisions that are equivalent in terms of economic success.
Download ABA BEUL GLOBAL GmbH terms and conditions of purchase and ordering (PDF 57 KB)
(1) These terms and conditions shall apply to entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as: Customer).
(2) Our deliveries, services and offers are made exclusively on the basis of these terms and conditions of sale and delivery. They shall also apply to all future transactions with the Customer, insofar as these are legal transactions of the same or a related nature.
(3) The Customer’s terms and conditions of business or purchase are hereby rejected. Any conflicting terms and conditions of purchase and/or general terms and conditions (GTC) shall have no legal effect, even if we do not expressly object to them.
(1) Our offers are subject to change without notice and are non-binding unless we have expressly stated that they are binding.
(2) We can accept an order from the Customer, which is to be qualified as an offer to conclude a contract, within two weeks by sending a written confirmation or by performing the contractual service within the same period.
(3) Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing.
(1) Our delivery obligations shall be subject to correct and timely self-delivery, unless we are responsible for incorrect or delayed self-delivery.
(2) We shall only be entitled to make partial deliveries and render partial services if these are of interest to the Customer in view of the purpose of the contract and if the Customer does not incur any significant additional costs as a result.
(3) Details of delivery times are approximate unless otherwise agreed with the Customer. Delivery periods shall not commence until all details of execution have been fully clarified and shall be subject to the timely and proper fulfilment of the Customer’s obligations.
(4) If the Customer is in default of call-off, acceptance or collection of the goods, we shall be entitled to demand compensation for the damage incurred by us; the risk of accidental deterioration and accidental loss shall pass to the Customer upon the occurrence of the default of acceptance.
Unless otherwise agreed in individual cases, blanket orders and orders on call must be called within 8 months, whereby the delivery period may not exceed 3 months. If the Customer fails to comply with these deadlines, we shall be entitled either to cancel the order and claim damages for non-performance or to ship and invoice the overdue goods.
(5) In the event of a delay in delivery for which we are not responsible by reason of wilful misconduct or gross negligence, we shall be liable for each completed week of delay in the amount of a lump-sum compensation for delay of 3% of the value of the goods to be delivered, but not more than 15% of the value of the goods to be delivered.
(6) Further statutory claims and rights of the Customer due to delay in delivery shall remain unaffected.
(1) Our prices are ex works or warehouse plus freight and the applicable VAT. Our list prices are gross prices (without discounts but plus VAT).
(2) Unless otherwise agreed with the Customer, we shall charge the usual packaging for transport/dispatch at cost price.
(3) Our invoices are payable within 8 days of receipt of our invoice or list of claims with a 2% discount or within 30 days without deduction, at the latest 30 days after the due date and receipt of the counter-performance. Thereafter, we shall charge annual interest at a rate of 9 percentage points above the respective base rate.
(4) The Customer may only offset against our claims with undisputed claims that are recognised by us and have become res judicata or with claims that are reciprocal to our claim. The Customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(5) If the Customer is in default of payment, the statutory provisions shall apply.
(6) We are entitled to assign the claims arising from our business relationship.
(1) If the goods are dispatched to the Customer at the Customer’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer upon dispatch to the Customer, at the latest when the goods leave the factory/warehouse. This applies irrespective of who bears the freight costs.
(2) Deliveries with a net goods value of EUR 500,- or more shall be made “carriage paid” within the borders of Germany. Deliveries with a net goods value of less than EURO 500,- as well as deliveries outside the German borders shall be made “ex works”.
(3) If dispatch is delayed at the Customer’s request, the risk shall pass to the Customer upon notification of readiness for delivery.
(1) The delivered goods shall remain our property (reserved goods) until final payment of all claims arising from the business relationship. In the case of several claims or a current account, the retention of title shall serve as security for the balance claim, even if individual deliveries of goods have already been paid.
(2) In the event of breach of contract by the Customer, e.g. default in payment, we shall be entitled to take back the goods subject to retention of title after setting a reasonable deadline. If we take back the reserved goods, this shall constitute a withdrawal from the contract. We shall be entitled to dispose of the reserved goods after taking them back. After deducting an appropriate amount for the costs of realisation, the proceeds of realisation shall be set off against the amounts owed to us by the Customer.
(3) In the event of access by third parties to the reserved goods, in particular in the event of seizure, the Customer shall point out our ownership and inform us immediately so that we can assert our ownership rights.
(4) The Customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledging or transfer by way of security is not permitted. By way of security, the Customer hereby assigns to us in full any claims arising from the resale or any other legal grounds (insurance, tort) in respect of the goods subject to retention of title. We revocably authorise the Customer to collect the claims assigned to us for his account in his own name. The collection authorisation shall lapse if the Customer does not properly meet his payment obligations, if he gets into payment difficulties, if enforcement measures are taken against him or if judicial insolvency proceedings are opened against his assets or if the opening of such proceedings is rejected for lack of assets.
(5) Processing or transformation of the goods shall always be carried out for us as manufacturer, but without any obligation on our part. If the delivered goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing. If the delivered goods are combined or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivered goods to the other combined or mixed items. If the Customer’s item is to be regarded as the main item in the combination or mixing, it is agreed that the Customer shall transfer co-ownership of the new item to us on a pro rata basis. The Customer shall keep the resulting co-ownership on our behalf.
(6) We shall be obliged to release the securities to which we are entitled to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent upon us.
(1) In the event of a breach of a contractual obligation, the Customer shall be entitled to the statutory rights against us in accordance with the following provisions.
(2) In the event of force majeure or other significant circumstances for which we are not responsible (e.g. breakdowns, strikes) and which prevent the timely execution of the order, we shall be entitled to postpone the fulfilment of the obligations assumed for a reasonable period of time or, if the fulfilment becomes impossible or unreasonable for us as a result, to withdraw from the contract in whole or in part.
(3) In the event of a justified and timely notification of defects, the Customer shall be entitled to subsequent performance during the warranty period; we shall be entitled to choose the type of subsequent performance – rectification of the defect or delivery of a defect-free item. If subsequent performance fails or if further attempts at subsequent performance are unreasonable for the Customer, the Customer shall be entitled to reduce the purchase price or to rescind the contract.
(4) We shall not be liable for any additional costs incurred within the scope of the warranty owed by us as a result of the delivery item having been taken to a place other than the contractually agreed place of delivery.
(5) If a claim is made against the Customer by his Customer or a consumer on account of a defect in the delivered goods which was already present at the time of the transfer of risk or which is claimed by a consumer as the end user, the Customer’s statutory rights of recourse against us in accordance with §§ 478, 479 BGB shall remain unaffected.
(6) The Customer may only assert claims for damages under the conditions set out in Clause 8 if subsequent performance has failed or we have refused subsequent performance. The Customer’s right to assert further claims for damages under the conditions set out in Clause 8 shall remain unaffected.
(7) Only the Customer shall be entitled to make claims against us for defects; such claims shall not be assignable.
(8) The limitation period for claims for defects is one year from the transfer of risk. This does not apply if the law prescribes longer periods in accordance with §§ 438 para. 1 No. 2 (buildings and things for buildings), 478, 479 (supplier’s recourse) and 634 a Para. 1 No. 2 BGB (German Civil Code) as well as in cases of injury to life, body or health, in the event of a wilful or grossly negligent breach of duty on our part and in the event of fraudulent concealment of a defect as well as in the event of a guarantee.
We shall only be liable for damages if they are based on a breach of an essential contractual obligation or on intentional or grossly negligent behaviour on our part, on the part of our legal representatives or vicarious agents. In the event of a slightly negligent breach of an essential contractual obligation, our liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place or on the fulfilment of which the Customer has relied and was entitled to rely.
Any further liability for damages is excluded. Liability for culpable injury to life, limb or health in accordance with the statutory provisions shall remain unaffected. This also applies to mandatory liability under the Product Liability Act and in the case of a guarantee.
(1) In accordance with the provisions of this Clause 9, we warrant that the delivery item is free from industrial property rights or copyrights of third parties in the country (state) of the agreed place of delivery. Unless otherwise expressly agreed in writing, the place of delivery shall be exclusively the location of our supplying factory. Each party to the contract shall notify the other party in writing without delay if claims are asserted against it on account of the infringement of such rights. The provision in sentence 1 is not a guarantee promise, but merely a quality agreement within the meaning of the statutory guarantee regulations.
(2) If the delivery item infringes an industrial property right or copyright of a third party, we shall, at our discretion and at our expense, modify or replace the delivery item in such a way that the rights of third parties are no longer infringed, but the delivery item continues to fulfil the contractually agreed functions, or procure the right of use for the Customer by concluding a licence agreement. If we fail to do so within a reasonable period of time, the Customer shall be entitled to withdraw from the contract or to reduce the purchase price accordingly. Any claims for damages by the Customer against us shall be subject to the limitations of liability pursuant to Sections 5 and 7 of these terms and conditions.
(3) In the event of infringements of rights by products of other manufacturers supplied by us, we shall, at our discretion, assert our claims against the manufacturers and sub-suppliers for the account of the Customer or assign them to the Customer. In such cases, claims against us in accordance with Clause 8 of these Terms and Conditions shall only exist if the judicial enforcement of the aforementioned claims against the manufacturers and sub-suppliers has been unsuccessful or has no prospect of success, e.g. due to insolvency.
(4) If deliveries are made according to drawings, samples or other information provided by the Customer and if this infringes the industrial property rights of third parties, the Customer shall be responsible for the correctness and for ensuring that the industrial property rights of third parties are not infringed. In this respect, the Customer shall indemnify us against all claims of a holder of an industrial property right, in the case of claims for damages, however, only if the Customer does not prove that it is not responsible for the defectiveness of its information or the infringement of the industrial property right. If, in such a case, we are prohibited from manufacturing or delivering by a third party with reference to an industrial property right belonging to them, we shall be entitled to withdraw from the contract after the Customer has unsuccessfully set a reasonable deadline for remedying the third party’s injunction. This does not affect our right to claim damages from the Customer on the basis of statutory provisions.
(5) Moulds, models, tools and equipment required for the ordered goods shall be charged by us in full or in part. They shall remain our property even if we have manufactured them on behalf of the Customer and/or the Customer has paid for them in full or in part. If they are manufactured according to the Customer’s special specifications, they shall be used exclusively for deliveries to the Customer as long as the Customer fulfils his acceptance and payment obligations and the business relationship continues.
(6) If no further orders are placed five years after the last production, we shall be entitled to scrap these tools within a period of six weeks after notifying the Customer.
(1) The place of performance for all our delivery obligations and for the other contractual obligations of both parties shall be our registered office.
(2) This contract and these terms and conditions as well as the entire legal relationship between the Customer and us shall be governed by the law of the Federal Republic of Germany to the exclusion of all references to other legal systems and international treaties. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The place of jurisdiction for all disputes arising from this contractual relationship shall be the court with local jurisdiction for our registered office. However, we are also entitled to sue the Customer at his place of business.
(4) The contract language is German. If the parties also use another language, the German wording shall prevail.
Should individual provisions of these terms and conditions be or become invalid or should the terms and conditions contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision which comes as close as possible to the economic purpose of the invalid provision or fills the gap.
Download ABA BEUL GLOBAL GmbH Sales and delivery conditions (PDF 36 KB)
1.1 The following conditions apply to photographs, texts and trade marks (hereinafter referred to as “material”) provided by ABA BEUL GLOBAL GmbH, Dieselstraße 11, 57439 Attendorn (hereinafter referred to as ABA BEUL GLOBAL) on internet platforms (hereinafter referred to as: platform) for use, so that ABA BEUL GLOBAL products can be optimally presented.
1.2 The material provided includes
1.2.1 all photographs on this platform provided by ABA BEUL GLOBAL and products from ABA BEUL GLOBAL,
1.2.2 all texts provided by ABA BEUL GLOBAL on this platform are protected by copyright, and
1.2.3 the trade marks listed below with their respective registration numbers:
EU Community word marks:
EM 013006242 – ABA FLOW
EM 018131784 – FLEXGUSS
EM 018131786 – ABA BEUL
EM 018131787 – QUICKTURN
DE word/figurative marks
EN 301146349 – QUICKTURN PISTON VALVE
DE 305266640 – QUICKTURN.
1.3 The material provided may only be used in compliance with the following terms of use.
Granting of the right of use
2.1. ABA BEUL GLOBAL grants the users of the platform and the platform operator the non-exclusive right of use, revocable at any time, to store, reproduce, distribute and make publicly available the material provided under sections 1.1 and 1.2, subject to the following § 3 (restrictions/conditions).
2.2. ABA BEUL GLOBAL grants the aforementioned rights of use free of charge.
Restrictions / conditions
3.1 ABA BEUL GLOBAL must be identified as the author or trade mark owner. Trade marks may not be added to or removed from the material provided.
3.2 The use must serve to promote the sale of ABA BEUL GLOBAL products or the reputation of the company, or at least not conflict with this.
3.3 In particular, the processing of the material provided or the transfer of rights of use to third parties (sub-licences) is prohibited without the written consent of ABA BEUL GLOBAL.
3.4 Other types of use not covered by this agreement are prohibited unless written permission has been granted by ABA BEUL GLOBAL. If there is any doubt as to whether a planned use is covered by this licence agreement, there is an obligation to inform ABA BEUL GLOBAL of the planned use. Use is only permitted with the express authorisation of ABA BEUL GLOBAL.
Liability
4.1 Any liability on the part of ABA BEUL GLOBAL for damage arising directly or indirectly from the use or non-use of the material provided shall be excluded unless it is based on malice, intent or gross negligence on the part of ABA BEUL GLOBAL or on injury to life, limb or health.
4.2 Claims arising from the Product Liability Act are not covered by Clause 4.1.
Term
5.1 The conditions apply for an indefinite period.
5.2 ABA BEUL GLOBAL is entitled to revoke the agreement at any time or to make the further use of the material provided dependent on the agreement of other terms of use.
Final provisions
6.1 German law shall apply.
6.2 The place of jurisdiction shall be the registered office of ABA BEUL GLOBAL.
6.3 The invalidity of one or more provisions of these terms of use shall not affect the validity of the remaining provisions.
ABA BEUL GLOBAL GmbH, Attendorn
Attendorn, 29 January 2021
Terms of use for copyrighted and trademarked material
Download ABA BEUL GLOBAL GmbH Terms of use for copyrighted and trademarked material
Dieselstraße 11
D-57439 Attendorn
Tel.: +49 2722 699-0
info@ababeulglobal.com
