1. Applicability
These general terms and conditions of sale and delivery apply unless modified by a written agreement between BSW Metals and the buyer or unless BSW Metals has expressly accepted deviations from these terms.

2. Offer
The offer from BSW Metals is valid for 14 days from the date of issuance unless otherwise stated.

3. Order confirmation
Written confirmation of the order by BSW Metals is mandatory; unconfirmed offers have no legal or commercial effect for BSW Metals.

4. Tolerances
For tolerances regarding dimensions, lengths, weights, etc., the applicable international standard for the respective material shall apply. In case of any uncertainty regarding the applicable standard, the sales representative must be contacted.
Parts cut by guillotine, saw, or shear will not be deburred, straightened, or otherwise processed. Flatness according to the material standard cannot be guaranteed after such cutting methods.

5. Price
The offered price may be expressed in EUR, USD, or RON and is exclusive of VAT. Unless otherwise agreed, for offers in EUR or USD, the BNR exchange rate valid on the day of invoicing shall apply.

6. Transport and delivery terms
Delivery terms shall comply with the current INCOTERMS issued by the International Chamber of Commerce.
If the buyer opts for EXW Sibiu delivery, the buyer will be charged directly by the carrier. In all other cases, transportation costs shall be borne by BSW Metals.
If goods for which BSW Metals is the shipper are lost or irreparably damaged, the carrier's conditions for delivery replacement shall apply.

7. Security
If there are reasonable grounds to believe that the buyer will not fulfill their contractual obligations, BSW Metals is entitled to request a satisfactory guarantee for contract fulfillment. If this is not provided within a reasonable period, BSW Metals has the right to cancel the purchase. This must be done in writing and applies to goods not yet delivered.

8. Payment and late interest
Payment terms are 30 days from the invoice date, unless otherwise agreed. If payment is not received on time, late interest will be charged. The interest rate is 12% per annum.

9. Delay notification
If BSW Metals finds that the agreed delivery date cannot be met, the buyer will be informed immediately and a new delivery date will be agreed upon.

10. Delay damages, cancellation
Delays in delivery for which BSW Metals is responsible do not constitute grounds for damages or cancellation.
If the buyer cancels the purchase during delivery, they will be liable to pay damages equal to one-third of the order value. However, BSW Metals reserves the right to claim additional compensation if actual damages exceed the fixed amount.

11. Return policy
BSW Metals does not accept returns for delivered goods unless otherwise agreed. Materials lacking batch, lot, or other identifying markings will not be accepted as returns. Likewise, BSW Metals will not accept materials that have been cut or processed.

12. Reception
A packing list must accompany the goods.
Upon receipt, the buyer must inspect the goods. If, due to packaging or other reasons, the goods cannot be immediately inspected, acceptance shall be based on the packing list and number of packages (if matching the order).
Where possible, the packing list should be compared with the information on the packaging.
After removing the packaging and before using the goods, a more thorough inspection must be performed.
BSW Metals is not liable for any damage to goods after the reception is completed.

13. Claims
For goods sold DAP with a specified delivery location, any loss or damage during transit must be noted on the CMR and reported to the carrier and BSW Metals.
If the goods are sold EXW from Sibiu and defects or deficiencies occur during transport, these must be noted on the CMR and reported to the carrier.

14. BSW Metals’ liability for material defects
Non-conforming materials will only be replaced with new materials. BSW Metals is not liable for consequential damages and will compensate the buyer up to the maximum of the purchase price.
Transport costs related to non-conforming materials shall be borne by BSW Metals.

15. Retention of title
Ownership of materials supplied by BSW Metals transfers to the buyer only after full payment of the purchase price. The buyer is not entitled to process, sell, or otherwise dispose of the materials until ownership has been transferred.

16. Selection and suitability of materials
BSW Metals is not responsible for ensuring that materials are suitable for a specific purpose and therefore disclaims any liability if they do not meet the working environment requirements. Material selection is the sole responsibility of the customer, who is directly accountable for its suitability to their needs.

17. Grounds for exemption – Force majeure
BSW Metals is not liable for delays or damages caused by force majeure, including natural disasters, fire, war, traffic disruptions, strikes, lockouts, boycotts, pandemics, or similar events.
This also applies to any other obstacle that could not have been foreseen at the time of the agreement.
A subcontractor affected by any of the above also constitutes a valid ground for exemption for BSW Metals.

18. Jurisdiction
Romanian law shall apply to this agreement. Disputes arising from or related to this agreement shall, whenever possible, be resolved through mutual negotiations between the parties. If a dispute cannot be resolved through negotiation, it will be settled by the competent courts at the Seller’s registered office.