BSV Bauteilservice Vrancken GmbH 
BSV Bauteilservice Vrancken
BSV - Bauteilservice M. Vrancken
BSV Bauteilservice Vrancken
I. General Terms
  1. The export of goods which we have delivered may need an approval of the government.
  2. Invoices are based on the prices in effect on the date of delivery and includes no costs of customs, freight, packing and insurances. We reserve the right to change the actual valid prices on the day of shipping.
  3. Our terms and conditions of delivery and payment shall apply to the entire business relationship with our customers. The purchaser acknowledges them as binding for the present and for all future business transactions. Any agreement which differs from these terms requires our written confirmation. Standard terms of the purchaser shall not be acknowledged as binding and shall not constitute part of the agreement, even if we do not expressly object or if we carry out the agreement.
  4. Our offers are non-binding. Our order confirmations or other confirmation documentations are decisive in respect of the contract terms.
  5. A written order is in any case obligatory and is only cancelable with our agreement. This is particularly valid for goods which we have specially procured from third parties as obligatory order and cannot be cancelled from our part. This applies also for already shipped goods.
  6. All products delivered from us are manufactured by third parties. The technical specifications of the products are taken over from the manufacturers. In terms of common practice these specifications are agreed as to be approximate and are not taken as guaranteed characteristics.
  7. The period of orders subject to recall is limited to a maximum of 12 months from order entry. Remaining goods will be automatically shipped after 12 months.

II. Shipping, Transfer of Risk
  1. The goods will be delivered with such workmanship and in such condition as is standard for us at the time of delivery.
  2. Risk of damage and loss shall pass to the purchaser as soon as the goods have left our warehouse. All shipments (including returns) shall be made at the risk of the purchaser. In the case of delayed delivery caused by the purchaser, the transfer of risk shall pass to the purchaser at the time the goods are ready for shipment.
  3. Packing notes are valid as part of the delivery note.
  4. Our shipments are not insured against transit damage or lost. Insured shipments will be made on request and at purchaser´s costs.

III. Prices and Payment Terms
  1. Our pricing shall be based on the prices in effect on the date of delivery. If in connection with forward orders where only portions of the agreed quantities are called for within an agreed time period, we shall have the right either to invoice for the total delivered the price applicable to such quantity, or to deliver the remaining quantity and invoice the agreed price. We reserve the right to invoice a supplementary charge for small orders. Payments have to be achieved without any withdrawal fee to our bank account. We charge proportionate shipping costs including packing costs as well as insurance costs, if agreed to by both parties. All orders require payment by bank wire transfer prior to shipment except when a special agreement may apply.
  2. In case of other payment agreements we shall have the right to charge a default amount equal to 4% above the discount rate of the German Federal Bank if the purchaser is in payment default. We reserve the right to decide on a case-by-case basis whether to accept cheques. Cheques shall be accepted only as a means of payment and will satisfy the obgligation only subject to collection. If the purchaser is responsible for a cheque not being honored in due time or other conditions for which he is responsible which substantially jeopardize a payment, then we may declare the entire receivable immediately due and payable, even if cheques have been given.
  3. The goods shall remain our property until payment of all present and future receivables arising out of our business relationship with the purchaser. Any processing or modification by the purchaser of the goods sold shall be undertaken on our behalf. If the goods sold are processed with other goods which do not belong to us, then we shall acquire co-ownership in the new goods in the relationship of the value of the goods sold to the other processed goods at the time of processing.
  4. The purchaser may sell the goods subject to our reservation of title in the ordinary course of business. They shall not have the right to make any other dispositions, in particular any transfer of title as security or any pledge. The purchaser hereby assigns to us, out of its receivables arising from the resale of the goods subject to our reservation of title, an amount which corresponds to our invoice price and all ancillary rights. In the event that the receivables of the purchaser arising out of the resale shall be included in a current account, the purchaser assigns to us their claim for the balance of the current account in relation to their customer, including the final balance in a bankrupty event. The assignment shall be made in the amount invoiced to the purchaser for our goods subject to reservation of title subsequently resold by the purchaser. The purchaser shall grant us access to the goods subject to our reservation of title which are still in their possession, deliver us a list of the goods and deliver the goods after separation to us. The purchaser shall inform us immediately in writing of any attachment by third parties of the goods subject to reservation of title or the receivables assigned to us in every way in order to intervene. The cost of the performance of the obgligation set forth above to co-operate in the pursuit of all rights arising from the reservation of title, as well as all expenditures for the maintenance and storage of the goods shall be borne by the purchaser.

IV. Delivery
  1. If we are prevented from timely performing the contract by unforeseeable, unavoidable and extraordinary disturbances in procurement, manufacture or delivery, whether by our facility or our suppliers, then the term for delivery shall be extended for a reasonable period of time. If it becomes impossible for us to perform the delivery, then we shall be released from our obgligation to deliver.
  2. All claims by the purchaser for damages arising out of delay or non-performance are excluded.
  3. If the purchaser is in default in the payment for an earlier delivery, then we shall have the right to hold back deliveries without being obgligated to compensate for any damages arising therefrom. We shall have the right to make partial deliveries to a reasonable extent.

V. Complaint and Warranty / Liability
  1. Our deliveries should be inspected upon receipt and incorrect quantities as well as apparent defects should be notyfied to us in writing without undue delay. Any apparent defects should be notified within 3 days. Hidden defects which are discovered at a later time should be notyfied to us in writing without delay and within 3 days after their discovery. In any case a defect has to be notified within 2 weeks after shipment otherwise the goods are deemed to be accepted even in view of this defect. Manufacturer warranties will be passed on as they may apply.
  2. The warranty shall lapse if changes are made to the delivered goods by the purchaser or a third party, unless the defect only became apparent at the time of or after the change.
  3. In the event of justified claims, we will remedy the defect by, at our option, repair free of charge or replacement. In this case we shall also bear costs of transportation. In the event of failure of the repair or replacement, then the purchaser may request price reduction or cancellation of the agreement. Further liability, in particular for damages which did not occur to the delivered goods themselves, is excluded so far as we or our assistants are not responsible for intentional acts, gross negligence or breach of essential obgligations under this contract, or so far as care which should have prevented the incident of damages was not expressly warranted. The warranty shall also lapse if the goods has been applied to excessive stress, chemical, electrical or other influences outside the manufacturer specifications. We are not liable for the suitability of the goods for a particular application.

VI. Validity

If any of these provisions should be invalid, regardless of the reason, the validity of the other provisions shall not be affected hereby. The German issue of the delivery and payment terms is binding in all respects. The German construction, text, interpretation and meaning shall govern exclusively in the case of any divergance.

VII. Jurisdiction / Place of Performance
  1. The courts in Moenchengladbach, Germany shall have jurisdiction over all disputes arising out of or in connection with this contractional relationship. Place of performance is Wegberg, Germany.
  2. These terms and all legal relationships between the parties relating to our supplies shall be governed by the law of the Federal Republic of Germany.

Issued July 1, 2016

BSV Bauteilservice Vrancken
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