General Terms and Conditions

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Effective: 14.11.2022

To become a partner, please download the following contract and the declaration on the last page of the GTC, fill it in, sign it in duplicate and send it to us by post or in person.

The registered office of BEKO GmbH is located at Am Moosfeld 13, 81829 Munich, Germany, represented by Attila Koncz, Managing Director, e-mail address info@bekotrading.com, WEB address www.bekotrading.com, 

the court registering the company: Munich Local Court

company registration number: HRB 198931, 

Tax number: DE284066552. The main activities of BEKO GmbH computer spare parts, software wholesaling and food and beverages a wholesale company.

BEKO GmbH applies these general terms and conditions when concluding contracts within the scope of its activities.

1. Material scope
1.1 Deliveries and services of BEKO GmbH are subject to the General Terms and Conditions. The General Terms and Conditions shall automatically become an integral part of all oral and written contracts for the sale of products distributed by BEKO GmbH, unless otherwise agreed in writing.
Agreement.
1.2 If a written agreement is concluded with the Reseller for the whole of the cooperation or for a specific process, which would provide for a point(s) of these General Terms and Conditions differently from the one described here, the cooperation or process concerned shall not be
the relevant provisions of these General Terms and Conditions shall continue to apply.
1.3 These General Terms and Conditions also apply to e-commerce services provided via the BEKO GmbH WEB system, subject to the specific rules detailed in Section 8. 
1.4 The General Terms and Conditions shall also apply if BEKO GmbH performs the delivery without reservation in the knowledge of the customer's terms and conditions which are contrary to or different from the General Terms and Conditions. 

2. Buyer's circle
BEKO GmbH serves only companies and sole proprietors (hereinafter referred to as "Reseller") engaged in the trade and use of products falling within its core business. Evidence of compliance with this condition must be provided in the form of a company contract / company extract. The Reseller agrees to be registered as a certified partner in the reseller database of BEKO GmbH.

3. Offer, order, performance
3.1 BEKO GmbH's offers are without obligation and subject to the performance of its supplier partners.
3.2 BEKO GmbH accepts orders for products in its warehouse verbally, but only for products to be supplied to the Reseller in writing.
3.3 BEKO GmbH shall only accept order cancellations up to a period of time during which its supplier partner accepts the order cancellation without any legal consequences. BEKO GmbH shall be entitled to pass on the cancellation fee claimed by the supplier to the Reseller - the value of the cancelled consignment between 5-25%.
If the Supplier does not accept the cancellation of BEKO GmbH, the Reseller shall be obliged to take delivery of the goods and pay the purchase price.
3.4 The contract shall be concluded upon written order confirmation by BEKO GmbH or upon receipt of the consignment by the Reseller. 
3.5 The delivery dates communicated by BEKO GmbH are for information purposes only and are subject to the suppliers' performance. The Reseller shall not be entitled to claim any compensation for any delay in delivery by BEKO GmbH in relation to the date communicated. If BEKO GmbH. is more than four weeks in arrears with the confirmed
performance, the Reseller may withdraw from the contract to the exclusion of any further claims.

3.6 Unless otherwise agreed by the parties, the place of delivery of the goods shall be at the The registered office of BEKO GmbH or its owned or leased premises and warehouses.

4. Prices
4.1 BEKO GmbH regularly publishes its products and prices in price lists and other publications. These prices are for information purposes only and the contract price is the price stated in the order confirmation or confirmed before purchase.
4.2 BEKO GmbH reserves the right to increase the price even in the case of a confirmed price, if BEKO GmbH incurs an increase in costs after the conclusion of the contract, in particular due to a price increase or exchange rate change on the supplier side. This must be proven at the request of the Reseller.
4.3 In the case of a large volume of purchases or continuous high turnover, BEKO GmbH may grant a discount to the Reseller on an individual basis.

5. Payment terms, provision of security
5.1 The invoice is issued at the time of delivery or delivery of the goods. Payments are due by the due date indicated on the invoice without deduction. 
5.2 An objection to an invoice does not entitle the Reseller to withhold payment of the invoice. The objection may only be made in writing within 8 days of receipt of the invoice, after which BEKO GmbH will issue a corrective invoice to the extent necessary.
5.3 The Respondent who is deemed by BEKO GmbH to be suitable for deferred payment on the basis of the commercial or financial references available to him shall be entitled to payment by transfer.
5.4 In the event of late payment of invoices, BEKO GmbH may charge interest on arrears at the appropriate rate in accordance with the applicable laws in force at the time, which shall apply to contracts between businesses.
5.5 The Reseller shall be obliged to provide proof of the security for the fulfilment of his payment obligations to BEKO GmbH arising from his purchases and to provide security in the event of deferred payment. 
5.6 In the event of a breach of the terms of payment or provision of security, BEKO GmbH is entitled to change the terms to immediate cash payment, to make all outstanding claims immediately due and payable or to withdraw from the contract.

6. Warranty, guarantee
6.1 Products distributed by BEKO GmbH shall be subject to the warranty and guarantee provisions of the relevant applicable laws and, in addition, to the warranty conditions agreed by the manufacturers. 
6.2 The place of assertion of warranty and guarantee claims is the registered office of BEKO GmbH or the service centre indicated on the warranty ticket. The Reseller shall be responsible for the delivery of the product in need of warranty or guarantee repair.

7. Reservation of ownership
7.1 The product(s) covered by the contract shall remain the property of BEKO GmbH until all claims against the Reseller have been settled.
7.2 The Reseller is obliged to tolerate the necessary legal measures taken by BEKO GmbH to enforce its reserved property rights.
7.3 The equipment supplied for testing and demonstration purposes shall remain the property of BEKO GmbH and may only be used by the Reseller for the purpose specified by BEKO GmbH. The Reseller shall reimburse BEKO GmbH for the depreciation of these assets.

8. Electronic commerce
8.1 In the course of electronic commerce between BEKO GmbH and the Reseller, the Reseller is not a consumer and therefore the rules of the current and relevant law on electronic commerce services for contracts between service providers and consumers do not apply to their contract concluded by electronic means.
8.2 The electronic commerce services of BEKO GmbH can be accessed via the WEB system with a unique password (hereinafter: Password). By entering the Password, the Reseller can obtain direct information about the About the products available from BEKO GmbH. The Password identifies the Reseller, its use provides authentic proof that the the order was placed by the Reseller.

8.3 The order sent via the WEB system is recorded by the computer system of BEKO GmbH. BEKO GmbH will only send a notification to the Reseller in the event of refusal to fulfil the order, stating the reason.
8.4 The Reseller assumes full responsibility for the management of the Password. BEKO GmbH. shall not be liable for any damage caused by unauthorized use of the Password, whether by the Reseller or third parties. The Reseller shall be liable for any damage resulting from the activities of any person having access to the Password.

9. Data management
9.1 BEKO GmbH shall process the data necessary for the identification of the Reseller in compliance with the legal requirements, exclusively for the purpose of the commercial relationship within the framework of these General Terms and Conditions. The provision of data by the Reseller for the purpose of concluding a contract is voluntary on the basis of the principle of contractual freedom. 
9.2 The Reseller agrees that BEKO GmbH may process data necessary and sufficient for the identification of the Reseller for the purposes of establishing the contract, monitoring the performance of the contract, invoicing the fees arising therefrom and enforcing claims in connection therewith. 
9.3 The Reseller expressly reserves the right to send news to BEKO GmbH electronically or in other written form. The Respondent reserves the right to receive newsletters and other advertising material from BEKO GmbH, but is entitled at any time to make a declaration to the contrary to this express consent to prohibit the sending of news material in whole or in part, by sending it to the address of Bekosystem Consulting Kft.

10. Export restrictions
10.1 The Reseller warrants that it will not export or transit the Products if it is suspected that such Products are to be used in connection with nuclear, chemical or biological weapons or for missile technology, or to any company on the Prohibited List of any State in which the Products originate.
10.2 BEKO GmbH may refuse delivery if it obtains information that resale would violate applicable export control regulations in Germany, the European Union, the United States of America or other countries.

11. Other provisions
11.1 BEKO GmbH will make these General Terms and Conditions available to its Resellers in written and electronic form at www.bekotrading.com. 
11.2 By placing an order for any product, whether via the traditional or the WEB system, the Reseller accepts the General Terms and Conditions of BEKO GmbH as binding. 
11.3 If one of the clauses of the General Terms and Conditions is deemed invalid, this shall not invalidate the other clauses. 
11.4 In matters not covered by the General Terms and Conditions, the applicable law of the Federal Republic of Germany shall apply.
11.5. In any legal proceedings, the jurisdiction of the court shall be based on the seat of BEKO GmbH by submission.

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