General conditions of sale and delivery
1. Applicability
These general terms and conditions of sale and delivery apply unless they have been modified by a written agreement between BSW Metals and the buyer or if BSW Metals has expressly accepted deviations from these terms.
2. Offer
The BSW Metals offer is valid for 14 days from its issuance, unless otherwise provided.
3. Order confirmation
Written confirmation of the order by BSW Metals is mandatory, the unconfirmed offer having no legal or commercial effects regarding BSW Metals.
4. Tolerances
For tolerances on dimensions, lengths, weights, etc., apply international standard valid for the material concerned. In case of any uncertainty about the applicable standard, the sales representative should be contacted.
The pieces cut with a guillotine, saw, scissors, will not be deburred, straightened or processed in any other way. Flatness according to the material standard cannot be guaranteed after the material has been cut in this way.
5. Price
The offered price can be expressed in EURO, USD or RON and is without VAT. Unless otherwise agreed, in case of offers in EURO or USD, the BNR exchange rate valid on the day of invoicing will be applied.
6. Transport and delivery clauses
The delivery clauses will be in accordance with the current INCOTERM conditions, issued by the International Chamber of Commerce.
If the buyer opts for the EXW Sibiu delivery option, the buyer will be charged directly by the carrier. In other cases, transportation costs will be supported by BSW Metals.
Goods that are sold under the DAP with a specified destination must be insured at the expense of the buyer. If the goods are not insured, the buyer risks losing any right to compensation if the goods are damaged or lost.
If the goods, for which BSW Metals is the shipper, are lost or irreparably damaged, the carrier’s conditions for replacing the delivery will apply.
7. Security
If there are reasonable grounds to believe that the buyer will not fulfill its contractual obligations, BSW Metals will have the right to request the issuance of an acceptable guarantee for the performance of the contract. If this is not done within a reasonable period of time, BSW Metals will be entitled to cancel the acquisition. This must be done in writing and applies to goods that have not been delivered.
8. Payment and outstanding interest
The payment terms are 30 days from the date of issue of the invoice, unless otherwise agreed. If payment is not received on time, interest will be charged for arrears. The interest rate is 12% per annum.
9. Notification of delay
If BSW Metals finds that the agreed delivery date cannot be met, the buyer will be informed immediately and a new delivery time will be agreed.
10. Damage caused by delay, cancellation
Delayed delivery, for which BSW Metals is responsible, is not a reason for damage or cancellation.
If the buyer cancels the purchase during delivery, the buyer will be obliged to pay damages equal to one third of the order amount. However, BSW Metals is entitled to additional compensation if the actual damages exceed the payment of damages.
11. Return conditions
BSW Metals does not accept returns for the delivered goods, unless otherwise agreed. Materials for which this information on the lot, batch or other proving inscriptions are missing will not be accepted as returned goods. Similarly, BSW Metals does not agree to take materials that have been cut or processed in return.
12.Reception
A packing list must accompany the goods.
Upon receipt, the buyer must examine the goods. If, due to the nature of the packaging or for any other reason, the goods cannot be examined immediately, the receipt will be made for the packing list and the number of packages (if they are in accordance with the order)
Where possible, a comparison should be made between the packaging list and the information on the packaging.
After the packaging has been removed and before the goods are used, a more thorough reception must be carried out.
BSW Metals is not liable for damage to the goods after receipt.
13. Complaints
In the case of goods sold DAP with the specified place of destination, any loss or damage occurring in transit must be noted on the CMR and reported to the carrier and BSW Metals.
If the goods are sold EXW from Sibiu and, during transport, there is a defect or deficiency of the delivered goods, this must be noted on the CMR and reported to the carrier.
14. BSW Metals liability for material defects.
Non-compliant materials will only be replaced with new materials. BSW Metals is not liable for further damages and will compensate the buyer up to the maximum purchase price.
Transportation costs incurred in connection with non-compliant materials will be supported by BSW Metals.
15. Reservation of property rights
Ownership of the materials supplied by BSW Metals passes to the buyer after payment of the full purchase price. The buyer has no right to process, sell or otherwise dispose of the material until the property has been transferred.
16. Selection and adequacy of materials
BSW Metals is not responsible for ensuring that the materials are suitable for a particular purpose and therefore disclaims any liability if they do not meet the requirements of the working environment. The choice of material is the exclusive task of the client, and he is directly responsible for the adequacy of the material to his needs.
17. Reasons for exemption – Force majeure
BSW Metals is not responsible for delays or damage caused by force majeure, like natural obstacles, fire, war, traffic disruption, strike, blockade, boycott, pandemic or equivalent.
This also applies to any other obstacle that could not have been foreseen at the time of the conclusion of the agreement.
A subcontractor affected by the above is also grounds for exemption for BSW Metals.
18. Forum
Romanian law will apply to this agreement. Disputes due to this agreement or the legal relationship due to this agreement will be resolved, where possible, by consensus negotiations between the parties. If a dispute cannot be settled through negotiation, the dispute will be settled by the competent courts at the Seller’s premises.