Bega Catalogue - 528 Pages

General Conditions of Sale • Main Catalogue 29

Our deliveries are effected in accordance with the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" as issued and amended by the ZVEI association of German Electrical and Electronic Manufacturers and the supplementary clause "extended retention of title" only. In addition, our terms and conditions of sale and delivery hereinafter set forth shall apply.

Quotations - All quotations are subject to change without notice.

Delivery - Deliveries shall be effected ex works for the purchaser's account and at his risk. Risk of breakage shall be borne by the purchaser. If requested, risk of breakage can be assumed by us to a delivery address in Europe and charged separately at 1% of the goods value. Overseas premium on request.

Time of delivery - This shall be stated to the best of our ability and shall be deemed binding only when explicitly confirmed by us. Differing from the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" (ZVEI), entitlement to damages resulting from delivery delays is excluded if these are only due to light negligence on our part. In case of violation of material contractual commitments the compensation is limited to the foreseeable contract typical damage.

Prices - As per our current price list in Euro. Charges for legalization and courier service shall be made at actual cost. Outer packing shall be charged at cost and cannot be returned. If a certain net order value is reached, we can arrange deliveries on the following terms: freight paid to German border or FOB German seaport. In this case, we follow the relevant rules of the INCOTERMS, latest edition. On delivery, we always charge the current prices, even if other prices were quoted. Except for routine deliveries by our contract forwarders, the outer packing shall be invoiced.

Payment - If not otherwise arranged, payment is to be made by irrevocable and confirmed documentary letter of credit, to be established through a first class foreign bank with Dresdner Bank AG or Commerzbank AG, Iserlohn. All banking charges outside Germany including advising and negotiating commission and reimbursing bank fees for a/c of applicant. If we agree to open an account, all invoices are due without deduction within 30 days from date of invoice. Payment is to be considered effected as soon as we have the invoiced amount at our disposal. If payment is not effected within the period of 30 days after date of invoice, the purchaser comes into default without prior reminder. If there is any doubt about the receipt or date of receipt of the invoice, then payment becomes due 30 days after receipt of our service. In this case the purchaser comes into default as from the 31st day after receipt of our service. If the due date for payment is exceeded, we are authorised to charge default interest at the rate customary in banking as per § 288 BGB + § 247 (German Civil Code). Our right to claim additional damage shall not be influenced in this case. Contrary to differing payment terms which may have been explicitly agreed upon in individual cases, settlement becomes due immediately if circumstances arise with regard to the purchaser's person that make the upholding of existing agreements unreasonable.

Proprietary rights / reservation of title - Additionally to the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" as issued by the ZVEI, the following shall apply: The purchaser is entitled to sell the goods delivered by us in customary business transactions, provided no ban of assignment of rights has been agreed between himself and his customer. The purchaser assigns to us as security the entitlement to the purchase price which arises from the sale. He is, however, empowered to collect debts, which he has assigned to us provided this empowerment is not revoked. The empowerment can be revoked if the purchaser does not fulfil or ceases to fulfil his contractual obligations. We are entitled to give notification of the occurred assignment of rights if the direct debit mandate has been revoked. The purchaser must promptly

provide the documentation which is necessary for the notification of the assignment of rights and for collection of monies. The provisions of III. paragraph 1 sentence 2 of the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" as issued by the ZVEI shall apply as appropriate for the case of greater than 20 % excess security.

Design - We reserve the right to make alterations in design and construction which are necessitated by technical progress and customary for the lighting industry, provided they are not individually unreasonable for the purchaser. Warranty - Supplementary to regulations in Article VIII and XI. of the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" (ZVEI), the following stipulations shall be effective: Additional to article VIII.3 complaints referring to delivered quantities and visual damages have to be effected within 7 days after receipt of delivery.

Additional to article VIII.9 revert claims from purchasers shall be applied as follows: The purchaser must, in case his customer or his customers' customer claims his justified right for subsequent fulfilment, give us the opportunity to carry out the subsequent fulfilment ourselves within a reasonable period, before obtaining replacement elsewhere.

The purchaser shall impose this obligation on his customer accordingly. If the purchaser violates this obligation, we reserve the right to deduct the expenses for subsequent fulfilment to the amount resulting from our own subsequent fulfilment. § 443 BGB (German Civil Code) stays unaffected. Furthermore, reimbursement of expenses arising from subsequent fulfilment and passed on by the purchasers' customer to the purchaser is ruled out if the purchaser refrained from legitimately refusing this kind of subsequent fulfilment or both kinds of subsequent fulfilment. Otherwise, article XI. of the "General Conditions of Supply and Delivery for Products and Services of the Electrical Industry" (ZVEI) applies for compensation claims. Liability for services - We accept no liability for consequential damages due to defective light planning which we have prepared as a service free of charge during preliminary stages of contract negotiations. An explicit written arrangement shall be needed if such plans are to become a requirement or constituent of a delivery or service from us.

Application as determined - According to the Law on the Safety of Appliances, luminaires are technical products and must be used only in accordance with their intended purpose. The use of luminaires and accessories in a manner other than in accordance with their intended purpose as well as unauthorised alteration of our luminaires without our express written consent shall release us from any obligation in the event of a claim.

Returns - Returns not sent back within the warranty frame work according to the right of withdrawal shall only be credited if our prior consent is available. Originally packed and undamaged goods shall be credited at 80 % of the price invoiced if they correspond with the current sales programme. Necessary re-conditioning and packing cost as well as transport costs incurred by us shall be deducted in addition and without special notification. Custom-made and special electrical productions cannot be returned.

Disposal - Non-private purchasers undertake to ensure that the products supplied are disposed of in accordance with the provisions of the Directive on Waste Electric and Electronic Equipment. Where products are resold, the purchaser transfers this obligation to its contractual partner.

Exports - The delivery of our products and the submission of quotations thereon to countries outside the European Union - also through third parties - shall require our prior consent.

Other - Place of performance and legal venue is Menden. All contractual relations shall be governed by German law.

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