Terms and conditions
General terms and conditions
for the Becker Spare Parts Online Shop
Unless otherwise agreed in writing, the following terms and conditions apply to the business transactions conducted via the Becker Online Shop. Any alteration of these terms and conditions shall have no force or effect unless agreed to in writing. The terms and conditions as set forth herein, or as modified by written agreement shall constitute the entire agreement between Seller and Buyer. A failure by either party to enforce any rights under this contract shall not be deemed to constitute a waiver of those or any other rights under this contract.
The same applies if we deliver all or part of the ordered goods or accept payments.
All references herein to the 'Seller' shall be deemed to mean Becker Pumps Corporation.
All references herein to the ‘Buyer' shall be deemed to mean any person or business who places an order with the Seller for a product.
I. Registration as a customer
- Your registration for the Becker Online Shop is free of charge. Your access will be activated after your account information has been verified by us. We reserve the right to reject your registration for any reason. You have no entitlement to registration or access to the Becker Online Shop.
The Becker Online Shop is aimed exclusively at businesses. For your registration, it is therefore necessary to confirm your business status and to specify your sales tax identification number. The data required for registration must be provided in full. With your registration you choose a password that will be assigned to your username. You are to keep the password secure and never disclose it to third parties.
- If the business details provided when registering change, you are responsible for updating your account. All changes to your account can be made from the secure area of the Becker Online Shop after logging in under "My Account".
- You can at any time arrange for the deletion of all data provided and stored during registration, as well as account access, by submitting the corresponding order through entry in the contact form. The deletion will be made no later than one month after the order has been placed.
II. Conclusion of contract and contract language
- The presentation of the goods in the Becker Online Shop does not represent a legally binding offer, but an invitation to order.
- By clicking on the "Buy Now” button (order with obligation to pay) in the last step of the order process, you are submitting a binding offer to purchase the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not constitute the acceptance of your request offer. A contract between you and us comes about as soon as we accept your order by a separate confirmation e-mail. Please check the SPAM folder of your e-mail inbox if you do not receive a confirmation within one business day of submitting your order.
- You can select goods for purchase in the Becker Spare Parts Online Shop by clicking on the corresponding button and placing them in a shopping basket. You can process the shopping basket at any time by removing goods from the shopping basket or by changing the number of selected goods. If you want to complete the order, you can go to the shopping basket and then to the checkout or directly to the checkout. When you go to the checkout, you will see the billing and delivery address as well as the method of payment and shipping. You have the option of changing the displayed address and order data and, if necessary, entering your own order number and/or comment. Before placing the order with obligation to pay, you will see at the checkout the goods that are in your shopping basket, along with a cost overview and you can correct your order. A binding offer within the meaning of paragraph 2 is only made by subsequently pressing the “Buy Now” button (order with obligation to pay).
- The language provided for concluding the contract is exclusively English.
III. Correction notice
- In the context of the described order process, you select the desired goods by placing them in the shopping basket. You can access the shopping basket at any time and change the desired quantity or remove selected goods completely from the shopping basket.
- When you go to the checkout to complete your order, you will see the billing and delivery address as well as the method of payment and shipping. You have the option of changing the displayed address and order data by clicking on the "Change" button. Before placing the order with obligation to pay, you will see at the checkout the goods that are in your shopping basket, along with a cost overview and you have the option of correcting your order by removing goods from the basket or changing the selected quantity of goods.
- You can cancel the order process by deleting the goods in the shopping basket or submit a binding offer to buy the goods in the shopping basket by clicking on the "Buy Now” button (order with obligation to pay); see section II of these terms and conditions.
- All clerical errors are subject to corrections.
IV. Storage of the contract text
- The contractual provisions with details of the ordered goods will be sent to you by e-mail with acceptance of the contract offer or with the notification thereof. The contractual provisions are stored in our internal inventory management system. The terms of delivery can be called up and saved via the website of the Becker Online Shop, www.becker-international-shop.com.
V. Prices and payment
- All prices and discounts are in accordance with the established price and discount schedules of the Seller and are subject to change without notice.
- Prices displayed are ex-works Becker Pumps Corporation, Cuyahoga Fall, OH, excluding packaging, freight, customs clearance, customs fees, fees, postage, insurance, and other shipping costs. The shipping costs are displayed when you go to the checkout, as well as the other above-mentioned costs, to be paid by the Buyer. Value added tax in the respective legal amount is added to the prices. All sales will be invoiced at the prices prevailing on day of shipment.
- The purchase price is due with the order and must be paid together with the shipping costs as well as any costs incurred that are specified in the order. Payment is possible by invoice or by means of the payment service provider. The selected payment method must be activated either by the Seller (invoice) or the respective payment service provider. When ordering by invoice, the terms of payment for customers apply.
- Quotations automatically expire thirty (30) days from the date issued and are subject to termination by written notice within that period.
- Unless otherwise agreed to in writing the terms of payment are net thirty (30) days from date of invoice payable in legal tender of the United States of America.
- The Seller reserves the right to change the terms of payment or to require a deposit or full payment prior to shipment, if, in the Seller’s opinion, the Buyer’s financial condition or other circumstances do not warrant shipment on the terms originally specified in the contract.
- The right to withhold payments or set off against counterclaims is only granted to you to the counterclaims are undisputed or legally binding.
- Regarding the reduction in payment, we refer to the current payment and condition agreements.
VI. Availability of the goods
- Orders are subject to acceptance at the home office of the Seller.
- If at the time of the order the goods selected in the Becker Online Shop by the customer are no longer available, we will inform you immediately in the order confirmation. If the selected goods are permanently not available, we will not make a declaration of acceptance. In this case a contract is not concluded. If the selected goods are only temporarily unavailable, we will inform you immediately in the order confirmation.
- All designs and specifications shown in the Seller’s catalog are subject to change without notice.
VII. Shipping and delivery dates
- The delivery times stated in the Becker Online Shop are calculated from the time of our order confirmation.
- The observance of the delivery time is subject to the correct and timely delivery of required materials.
- The delivery dates are postponed appropriately in the case of events for which we are not responsible, including strikes and lockouts, as far as such events have a verifiably significant impact on the completion or delivery of the delivery item. The same applies if the events occur during an already existing delay.
- Seller shall not be liable in any way for any default or delay in shipping due to contingencies beyond its control, or the control of its suppliers, or subcontractors, which prevents or interferes with the Seller making delivery on the date specified, including but not limited to war, restraints affecting shipping, delivery of materials or credit as a result of war or war restrictions, non-arrival, delay or failure to procure materials as a result of war or war restrictions, rationing of fuel, strikes, lockouts, fires, bombings, accidents, floods, droughts and any other contingency affecting the Seller, its suppliers, or subcontractors; and the Seller shall have the right to cancel a contract of sale or to extend the shipping date in the event that one or more of such contingencies prevent or delay shipments. In the event the Buyer changes shipping instructions, then any additional shipping charges shall be paid by the Buyer as a part of the purchase price.
- The Buyer shall remain primarily liable for the purchase price and the Seller shall not be obligated to accept any term of condition of payment which will shift said liability to a third person who is not a party to the contract of sale, whether such third person is the United States Government, or its agents.
- In any case, the risk is transferred to you at the point of delivery, even if part deliveries are made. The point of delivery will depend on the terms selected.
- It is expressly agreed that the property and title to all products supplied by the Seller to the Buyer shall remain the Seller's until payment for the goods has been made in full, upon which event the property and ownership of the product shall pass to the Buyer. If in default of payment (after 30 days from the date of invoice) the Seller may without prejudice to any other rights or remedies upon 48 hours written notice to the buyer resume possession of the products.
- Until the ownership of the products passes as aforesaid the Buyer shall be deemed to hold the products as bailee of the Seller.
- While holding the products as such bailee the Seller shall use all reasonable care to keep the products in the condition in which they were delivered and shall keep the products insured in the full contract price.
IX. Shipping and packaging
- All material is carefully packed for shipment and Seller will not be responsible for loss, delay, or breakage after having received “in good order” receipts from the transportation company.
- Terms are F.O.B. shipping point, and any damage or loss is at the expense of the Buyer. All claims for damage loss, delay and breakage should be made by the Buyer to the carriers. Seller will render Buyer all possible assistance in securing satisfactory adjustment of such claims. In the absence of shipping directions, goods will be shipped by the method and via the carrier Seller believes dependable.
- For LTL freight, Buyer has the option to request orders be shipped via prepaid freight using the freight company chosen by the Buyer, or if no choice is given, using the freight company chosen by the Seller most suitable for the ship to address location. Under no circumstances will the Seller shop for freight price quotes on behalf of the Buyer. Package freight will be shipped via UPS prepaid freight unless specified otherwise by the Buyer. Seller will add all prepaid freight charges to the Buyer’s purchase price invoice, including an additional administrative handling fee for this service at the current prevailing rates set forth by the Seller.
X. Weights and dimensions
- Shipping weights and dimensions given in Seller’s catalog are as close to actual as practicable but are not guaranteed. No claims will be allowed because of any discrepancy between actual weights or dimensions of material shipped and listed data.
- If during the period of twelve calendar months from the date delivery of the products by the Company such products shall be proved by the Purchaser to the satisfaction of the Company to be defective by reason of faulty workmanship and/or materials, and the Company is notified within 14 days in writing of the alleged defect becoming apparent and the defective products are returned carriage paid to the Company then the Company shall at its option and without cost to the purchaser either repair or replace the defective product, provided however that:
- All products replaced shall be the property of the Company.
- Failure by the Purchaser to carry out any of its obligations shall relieve the Company of any liability.
- Notwithstanding anything contained in these conditions the sole liability in respect of products not manufactured by the Company but merely resold shall be to give the Purchaser the benefit of such sums (if any) recovered from the manufacturer of such products as the Company shall consider reasonable.
- If without the prior written consent of the Company, repairs or replacements are made to the Purchaser to a product the Company shall be under no liability whatsoever under this clause 10 and no allowance shall be made for any repairs or alterations so made.
- The Company shall be under no liability whatsoever in respect of any product which has not in its opinion been properly installed, maintained, and operated save as aforesaid.
- The liability of the Company in respect of products supplied or any loss, injury, or damage or secondary or remote losses attributable thereto (directly or indirectly) is limited to making good by supplying replacement. At the expiration of the period mentioned in the introduction to clause 10 hereof all liability on the part of the Company in respect of any products shall cease. No liability shall attach to the Company until the products have been paid for and the Company shall in no circumstances be liable for any consequential loss injury or damage.
- The Company shall be under no liability whatsoever including (but without prejudice to the generality of the foregoing) and liability in tort for any defection, or failure of, or unsuitability for any purpose of, the products, whether the same be due (directly or indirectly) to any act, omission, negligence or willful default of the Company or its servants or agents to faulty design, manufacture, or materials, or to any other cause whatsoever
- There is no warranty for damage that has occurred for the following reasons: Inappropriate or improper use, faulty installation, or commissioning by you or third parties, natural wear, faulty or negligent treatment, unsuitable equipment, replacement materials, defective construction work, unsuitable ground and chemical, electrochemical, or electrical influences, unless they are due to our fault.
XII. Cancellation by the company
- Orders are not subject to cancellation or change in specifications, shipping schedules or other conditions originally agreed upon without Seller’s written consent and then only upon agreement to compensate Seller for loss caused by such cancellation or changes. Canceled orders that have been processed but not shipped will be subject to a 15% restocking charge. Canceled orders that have been shipped will be treated as “Returns for Credit”.
- If the purchaser shall make any default in or commit any broach of any of its obligations with respect to payment of any sums due to the Company under any other contract whatsoever of if any distress execution or other legal process shall be levied upon or served out against the Purchases property or assets or if the purchaser shall make or offer to make any arrangements or composition with its creditors or commit any act of bankruptcy or if any petition or receiving order shall be presented or made against the Purchaser or if any resolution or petition to wind up the Purchaser (being a Company) shall be passed or presented, or it a receiver of all or any of its assets shall be appointed, then in each and every such case the Company shall have the right forthwith or at any time thereafter to determine the contract (except insofar as it relates to products title to which shall already have passed to the Purchaser) and to cancel any outstanding delivery or deliveries and to stop any products in transit and notwithstanding any other provisions hereof, payment in respect of any delivery already made shall be immediately due: but entirely without prejudice to any remedy which the Company may have against the Purchaser.
XIII. Nonconforming goods
- Any rejection of nonconforming goods must be made within seven (7) days of receiving and Buyer must give written notice to Seller within that period. Such notice shall contain a brief basis for the alleged nonconformity. Upon receipt of such notification, the Seller will immediately arrange to receive back the goods, and upon confirmation of the nonconformity, Seller will ship conforming goods to the Buyer.
XIV. Returns for credit
- No returns for credit will be accepted unless Seller’s permission has been obtained in each case in advance.
- Only sizes and designs taken from Seller’s regular line, which are in active demand, will be accepted for credit.
- Credit will be based on prices prevailing at the time of return, or invoiced price, whichever is lower, subject to deduction for handling and an additional deduction for expenses incurred in restoring goods to salable condition.
- Obsolete or specially manufactured goods can be accepted for return for credit only to the extent of value to Seller in each case.
- No credit will be issued to other than the original purchaser.
- There is a 20% restock charge charged for all returns.
XV. Jigs, fixtures, dies, etc.
- Any jigs, fixtures, dies, tools, or patterns required shall be the property of the Seller, regardless of whether the costs of the same are paid by the Buyer or not.
XVI. Bond Premiums
- In the event the Seller shall be required as a condition of the sale of equipment to furnish a performance bond, the Buyer shall pay as a part of the purchase price of said equipment all bond premiums and expense in connection therewith.
XVII. Compliance with laws
- Seller has complied with all applicable Federal, State and Local laws and regulations in connection with the manufacture and sale of all equipment.
- No responsibility or liability will be taken for import duties, laws, regulations, or taxes imposed by any foreign country.
- Any manufacturer’s excise tax, use tax, sales tax, or tax duty of any nature whatsoever arising out of or assessed against orders shall be paid by the Buyer and in the event, Seller is required to pay any such taxes or duties the Buyer shall reimburse Seller therefore, unless Buyer at the time an order is submitted shall provide Seller with exemption certificates or other documents acceptable to taxing or customs authorities.
- These Terms and Conditions are subject solely to United States law and any dispute arising here from shall be settled in accordance therewith.
- The Contract of Sale and the respective rights and obligations of the Buyer and Seller with regard thereto shall be governed by and construed according to the laws of the State of Ohio.
- For the purpose of any notice required to be given by this Agreement or by an application of law, the Seller represents its principal place of business to be 100 East Ascot Lane, Cuyahoga Falls, Ohio 44223.
Becker Pumps Corporation