General Terms and Conditions

Use of Terms

The following terms govern the business relationship between BECONART and its customers. This includes websites, companies, and brands under our management with their content, including offers and orders. Contracts will only be concluded according to our terms of order, delivery, and payment. The customer’s purchase terms are expressly rejected unless approved in writing in individual cases. Silence by BECONART regarding contract terms and sent orders does not constitute approval. Contract terms and orders are binding only if approved in writing by us. Contradictory or conflicting agreements, including telephone or oral agreements, are binding only if approved in writing by us. We reserve the right to involve additional authorized companies under our supervision, independent craftsmen, entrepreneurs, and special suppliers to perform and supply contractual obligations (construction services via subcontractors).

Offers

Our offers are subject to change, non-binding, and based on these general terms and conditions. Exceptional agreements are valid only if explicitly stated in writing in the offer and approved by us in writing via fax or email. Additional oral agreements are not permitted. We are not responsible for the accuracy of technical data and other information in price lists, announcements, catalogs, printed materials, or manufacturer leaflets. We reserve the right to make technical changes. Any deviations do not entitle claims as long as they are reasonable for the customer.

Contract Formation and Content

The scope of BECONART’s services and the remuneration payable by the customer, as well as other conditions, shall be determined in a specific contract, work contract, or framework agreement between BECONART and the customer. The contract is deemed concluded when the customer sends a signed copy of the contract (order) (in some cases also by email or fax) and BECONART performs the service and/or supplies the material. All orders to BECONART are binding only after our written confirmation or start of work. By placing an order or receiving written confirmation, the customer acknowledges these terms. These terms are explicitly stated in the relevant documents and available online at https://echafoudage-beton-guinee.com/impressum-datenschutz/. A printed or digital copy can be sent upon request.

Execution / Deadlines

If BECONART’s service execution is delayed due to unforeseeable reasons beyond our control, such as weather conditions, air temperatures and materials below 5°C, painting at temperatures below 12°C, rain during outdoor work, site closures due to regulations or force majeure, the execution date will be extended. Periods of inactivity, interruptions, or delays beyond our control must be compensated by the customer according to the service contract with 80% of the employee’s payment value, plus additional costs such as travel expenses. The customer must prove minor damages.

Approval

Major works are usually discussed weekly with the customer on-site or by phone and documented in writing. For projects with execution times exceeding 4 weeks, partial progress is documented in written inspection protocols. Upon completion, approval can be given personally on-site or by written acceptance. Approval is also given in accordance with applicable laws, such as the German Civil Code (BGB) or VOB regulations.

Complaints, Defects, and Liability

Complaints about incomplete or faulty execution or visible defects must be submitted in writing immediately, no later than 8 days after execution. Other defects must be reported in writing immediately when discovered. If not reported in time, the service is deemed accepted and does not permit further claims. In case of disputes regarding defects, BECONART must inspect the service in question and remedy the defects. If the customer carries out repairs without BECONART’s approval, all claims are void.

Supply Conditions for Raw Materials

Supply of raw materials is made after receipt of a written order and according to logistics conditions. Technical data and safety instructions according to the technical data sheet must be observed when handling materials. Returns of goods are prohibited. If material is shipped to the customer or the delivery address at the construction site upon customer request, the risk of loss or accidental damage passes to the customer upon shipment.

Prices and Payment Terms

All prices exclude VAT valid at the time or according to reverse charge under § 13b VAT Act (UStG). Payment is due at the agreed date after invoicing. Our standard payment terms are 5 calendar days from invoice date. The right to claims for compensation for delay is reserved.

Advance Payment / Partial Payment

For new customers, we may require advance payment up to the full contract amount with order confirmation. Delivery or service execution will only be made after receipt of the advance payment.

Cancellation

If the customer cancels the contract without valid reason or the contract cannot be performed due to reasons attributable to the customer, BECONART has the right to claim compensation of 25% of the net contract value, regardless of documentation of greater losses.

Credit Check

BECONART reserves the right to collect information on the creditworthiness of the contractual partner from credit reporting agencies, especially before concluding a contract, and to transmit personal contract data to such agencies.

Jurisdiction

The exclusive jurisdiction and place of performance for any legal disputes arising directly or indirectly from the contractual relationship shall be the headquarters of BECONART in Stuttgart.

Final Provisions

Only the laws of the Federal Republic of Germany shall apply. Conflicting agreements must be in writing to be valid. Email is insufficient to meet the written form requirement. If any provision of these general terms and conditions is invalid, the validity of the remaining provisions shall not be affected.