Terms and conditions
1. Scope of Conditions
The following conditions govern the business relationships between beconart and its clients. The websites, companies, and brands of the management, including viewed offers and orders, are also included.
Contracts are only accepted under our order, delivery, and payment conditions. The client’s purchasing conditions are expressly rejected unless they are individually accepted in writing. The silence of beconart regarding submitted contractual and purchasing conditions does not constitute acceptance. Contractual and purchasing conditions are only binding if we have expressly confirmed them in writing.
Contradictory or deviating agreements or supplements, as well as verbal or telephone agreements, are only binding if confirmed by us in writing.
We are entitled to engage other qualified companies, freelance artists and entrepreneurs, specialist companies, etc., directly subordinate to us in order to fulfill and provide the contractually assumed obligation (construction services by subcontractors).
2. Offers
Our offers are always non-binding, without obligation, and based on our General Terms and Conditions. Deviating agreements apply only if they are explicitly and clearly stated in writing in the offer and confirmed by us in writing or by email. Oral side agreements are not permitted.
We do not assume liability for the accuracy of technical data and other information in price lists, circulars, catalogs, and other printed materials and manufacturer brochures. Technical changes remain reserved. Any deviations do not constitute claims as long as they are reasonable for the client.
3. Conclusion of Contract and Contract Content
The scope of services provided by beconart, the remuneration to be paid by the client, and any other necessary conditions are determined in an individual, work, or framework contract between beconart and the client/contract partner. A contract is concluded when the client submits a signed contract copy (order) (in individual cases also by email or fax) and beconart provides the service and/or material delivery. All orders placed with beconart become binding only with our written order confirmation or with the commencement of work. By placing the order or confirming in writing, the client acknowledges these terms and conditions. They are explicitly mentioned in the corresponding documents and can be viewed online at
https://sicht-beton.com/impressum-datenschutz/. We provide printed or digital versions upon request.
4. Service Provision / Execution Deadlines
If the service provision owed by beconart is unavoidably delayed due to unforeseen and unavoidable circumstances, such as wind and weather conditions, air and component temperatures consistently below 5 degrees Celsius, glaze processing at temperatures below 12 degrees Celsius, rain during outdoor work, lockouts, operational and traffic disruptions of all kinds (especially in supplier companies), exceptional circumstances, force majeure, lack of construction site access, closure of the construction site due to official regulations, the agreed execution deadline is extended accordingly. Any standstill, downtime, or delay not attributable to us must be compensated by the client per employee plus additional costs such as travel expenses, allowances, and as per the service contract at 80%. A lower claim must be proven by the client.
We point out that horizontal surfaces, exposed surfaces, floors, and cracks are subject to natural weathering, movement, or wear and tear, and we do not guarantee bond strength, colorfastness, or durability. Partially treated outdoor surfaces may display a highly inhomogeneous overall appearance under changed weather conditions. The decision to process only parts of a surface is at the explicit request of the client.
Services will only be performed if the construction-related requirements provided by the client are met. This includes ensuring unrestricted construction site access and safety. Necessary utilities such as electricity, water, and scaffolding from a working height of 3.20 meters must be provided by the client. Alternatively, after approval and authorization of the surrounding ground surfaces by the client, this can be carried out by beconart at an additional cost. Additionally, the provision of parking spaces for vehicles and machinery, appropriate to the project size, must be ensured by the client.
Permissions from owners, authorities, etc., for possible road closures, wastewater disposal, or similar tasks are not part of the offer and must be provided by the client. Upon request, these tasks can be handled by beconart and will be invoiced separately.
Unless otherwise regulated here, the latest versions of VOB/B and VOB/C apply for measurements and invoicing.
5. Acceptance
Extensive work is generally discussed weekly on-site or remotely between the client and beconart and recorded in writing. For execution times exceeding 4 calendar weeks, completion reports are documented in inspection protocols regarding execution and partial acceptance. Upon completion of all work, acceptance may occur either on-site in person or through a written completion report. By reviewing the final invoice in writing, the service is deemed accepted.
Acceptance follows the work contract law of the BGB and/or VOB.
6. Complaints, Defect Reports, and Liability
Complaints regarding incomplete or incorrect execution or apparent defects must be reported in writing immediately, no later than 8 days after execution. Other defects must be reported immediately upon discovery in writing. If complaints and defect reports are not made in time, the performed service is considered accepted, and no further claims can be made.
If defects are claimed, beconart is entitled to inspect the reported services and rectify any defects.
When asserting defects regarding individual items, the processing of the remaining services will continue as if no complaints had been made.
If the client carries out corrective measures without the consent of beconart, all warranty claims against beconart will be voided.
7. Provisions for Material Deliveries
Material delivery occurs upon receipt of a written order and depends on logistical conditions.
The norms contained in the technical data sheets and safety data sheets must be followed during material processing. Returns of delivered goods are not accepted.
If material delivery is requested to the client or a construction site address, the risk of accidental loss or deterioration of the goods transfers to the client upon dispatch, at the latest when leaving the warehouse.
8. Prices and Payment Terms
All price details are net prices plus the applicable statutory VAT, or in consideration of the reverse charge mechanism under § 13b UStG. Payments must be made within the agreed payment term after invoicing. Our standard payment terms are 5 calendar days net. The assertion of delay damages remains reserved.
The client may only offset claims from beconart with undisputed or legally established claims. The client is only entitled to a right of retention if their counterclaim is based on the contractual relationship.
Invoice complaints must be submitted in writing within one week of receipt. Otherwise, our invoice is considered accepted.
9. Advance Payments / Partial Payments
For new clients, we generally require advance payments of the full order value with the order confirmation. We are not obligated to provide deliveries or services before receipt of the advance payment.
Formal acceptance and partial payments occur based on the construction progress. For execution times exceeding 5 calendar days, weekly partial payments are considered agreed.
Payments must be made only to the account specified in the invoice. If partial payments are not received on time, we are entitled to suspend work until payment is received.
10. Withdrawal
If the client withdraws from the contract without justified reasons or if the contract cannot be executed due to reasons attributable to the client, beconart is entitled to claim 25% of the net contract sum as compensation, without prejudice to the proof of greater damage.
11. Credit Check
To protect against defaults and misuse of services by third parties, beconart is entitled to obtain credit reports before concluding the contract and transmit personal contract data to a credit agency. In case of non-contractual processing, beconart is also entitled to forward relevant data.
12. Jurisdiction
The exclusive place of jurisdiction and fulfillment for all disputes arising directly or indirectly from the contractual relationship is the registered office of beconart in Stuttgart.
13. Final Provisions
The laws of the Federal Republic of Germany exclusively apply. Deviating agreements must be in writing. Email does not suffice for written form.
If any provision of these GTCs is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties must replace the invalid provision with a valid provision that achieves the intended economic purpose as closely as possible.