Terms and Conditions

General Terms and Conditions

GENERAL TERMS AND CONDITIONS Bee-Line Paging Electronics LLC

Article 1. Applicability of these general conditions

 

1.1 These general conditions apply to all activities (offers, legal relationships, quotations and agreements) of Bee-Line Paging Electronics LLC and to all agreements entered into with Bee-Line Paging Electronics LLC.

1.2 In addition to these general conditions, additional conditions may, if expressly indicated, apply to a particular type of product or transaction. Should differences exist between the additional conditions and the general conditions, the provisions of the additional conditions shall in principle prevail over the general conditions, unless otherwise stated.

1.3 The general conditions can only be deviated from after a written request has been made and a written confirmation has been received from Bee-Line Paging Electronics LLC. In this case the other provisions of the general terms and conditions shall remain in full force.

1.4 By using the Bee-Line Paging Electronics LLC website(s) and/or placing an order, the buyer accepts these general conditions. Also by accepting an order or other form of agreement, the general terms and conditions of Bee-Line Paging Electronics LLC are automatically accepted.

1.5 General conditions used by the buyer are not applicable unless expressly agreed to in writing by Bee-Line Paging Electronics LLC. Once the buyer has entered into a contract with Bee-Line Paging Electronics LLC on the basis of these general conditions, it is assumed that these general conditions also tacitly apply to any subsequent orders or agreements to be entered into, which are transmitted orally, in writing, by fax or electronically.

1.6 ‘Buyer’ means: any natural person or legal entity, or its legal successor(s), that has or will have a contractual relationship with Bee-Line Paging Electronics LLC of whatever nature.

1.7 Bee-Line Paging Electronics LLC reserves the right to amend or supplement the general terms and conditions from time to time.

 

Article 2. Quotation, offer and formation of the agreement

 

2.1 Offers or quotations should be regarded as an invitation to customers to make a purchase. Bee-Line Paging Electronics LLC is in no way bound by this, unless this has been recorded unambiguously in writing. If the buyer wishes to make use of the invitation to make a purchase, this shall only lead to the formation of an agreement if the other provisions of this article have been fulfilled.

2.2 Offers and different rates are valid while stocks last.

2.3 A named offer has a validity period of 30 days, unless a different period is stated in the offer.

2.4 A purchase by the buyer as mentioned in article 2.1 is deemed to have been made in one of the following circumstances:

  1. the potential buyer has entered data on the appropriate entry screen of the internet site and the completed order form has been sent electronically to Bee-Line Paging Electronics LLC and has been received by Bee-Line Paging Electronics LLC.
  2. the potential buyer has expressly stated by telephone or e-mail that he wishes to purchase a certain product.
  3. the potential buyer has expressly indicated during his visit to Bee-Line Paging Electronics LLC that he wishes to purchase a particular product.
  4. Bee-Line Paging Electronics LLC has issued a personalized quotation / offer which has been confirmed or signed by the buyer and returned to Bee-Line Paging Electronics LLC.

 

2.5 An agreement is concluded at the moment that Bee-Line Paging Electronics LLC has begun executing the order, or if this has not yet started, an order confirmation has been handed over to the buyer or, in the event the offer is made via the internet site, has been sent by email to the email address provided by the buyer. Bee-Line Paging Electronics LLC has the right, without giving reasons, to revoke an agreement or to enter into an agreement exclusively on the condition that shipment takes place after advance payment. In the event that this payment condition is not clearly stated to the buyer in writing or verbally at the time of entering into the purchase, Bee-Line Paging Electronics LLC shall notify the buyer within ten days of receiving the order.

2.6 The buyer and Bee-Line Paging Electronics LLC expressly agree that by using electronic forms of communication a valid agreement is concluded as soon as the conditions in Clauses 2.4 and 2.5 have been satisfied. In particular, even the absence of an ordinary signature does not detract from the binding force of the offer and its acceptance. Bee-Line Paging Electronics LLC’s electronic files, to the extent permitted by law, hereby serve as a presumption of proof.

2.7 Information, images, verbal communications, statements concerning functionalities, prices, weights, dimensions, colors, etc. relating to all products and offers that are provided by telephone, email or the Internet are given or made as accurately as possible. However, Bee-Line Paging Electronics LLC does not guarantee that all offers and products are fully consistent with the information provided. Deviations cannot in principle be a reason for compensation and/or dissolution.

 

Article 3. Prices

 

3.1 All prices on Bee-Line Paging Electronics LLC’s internet site  are expressed in euros or dirham or US dollar, in accordance with the relevant legal regulations, and are exclusive of VAT (unless otherwise stated) and exclusive of shipping costs, any cash on delivery costs and any disposal contribution and/or levies.

3.2 The buyer owes the price Bee-Line Paging Electronics LLC communicated to the buyer in its order confirmation in accordance with Article 2.5 of the General Terms and Conditions. Obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Bee-Line Paging Electronics LLC after the conclusion of the agreement.

3.3 If the prices for the products and services offered increase in the period between the order and its execution, the buyer may cancel the order or terminate the agreement within ten days of notification of the price increase by Bee-Line Paging Electronics LLC.

3.4 Delivery costs are not part of the product prices but are calculated separately. Special rates apply for delivery outside the territory. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This will be clearly communicated to the customer.

 

Article 4. Rental and testing

 

4.1 In case the products are rented for a predetermined period, Bee-Line Paging Electronics LLC is responsible for delivering the products on time and the hirer is responsible for returning the products within 5 days after the rental term. The price for the rental is agreed upon in advance and the costs are paid by the lessee to Bee-Line Paging Electronics LLC in advance. Bee-Line Paging Electronics LLC is authorized not to deliver products when payment has not been made by the renter and received by Bee-Line Paging Electronics LLC. The lessee is responsible for returning the products on time. Damaged and unreturned products may be charged by Bee-Line Paging Electronics LLC to the hirer at the new value of the products. The hirer is therefore obliged to return the hired products in good condition. The lessee is not authorized to rent the rented products to third parties. When entering into an agreed rental period, the lessee agrees to the general terms and conditions of Bee-Line Paging Electronics LLC.

4.2 Testing of products or systems

Only in case a testing period has been specifically and expressively agreed upon, the products are entered into for a predetermined test period. This means that Bee-Line Paging Electronics LLC is responsible for delivering the products on time and the other party is responsible for returning the products within 5 days after the test period has expired. Damaged and unreturned products may be charged by Bee-Line Paging Electronics LLC to the other party at the new value of the products. The other party is therefore obliged to return the products in good condition. When entering into an agreed test period, the other party agrees to the general terms and conditions of Bee-Line Paging Electronics LLC.

 

Article 5. Payment

 

5.1 The right of ownership of the products ordered rests with Bee-Line Paging Electronics LLC until full payment has been made and received by Bee-Line Paging Electronics LLC, including the reimbursement of all costs and interest, also of earlier and later deliveries and services rendered, as well as claims for damages for failure to perform. Only then does the right of ownership pass to the buyer.

5.2 Orders via the internet site can be paid in the following ways:

prepayment; post-payment by direct debit

  1. post-payment by invoice but only if agreed in advance and in writing;
  2. cash payment if the order is picked up/delivered.

5.3 In the event of late or non-timely payment by the buyer, interest of 2.5% per month will be due on the outstanding amount from the day on which payment should have been made at the latest until the day of payment in full, whereby a started month will be counted as a full month.

5.4 In the event that Bee-Line Paging Electronics LLC has agreed to a term of payment, the mere expiry of this term without Bee-Line Paging Electronics LLC having received payment shall result in the buyer being in default. Payment terms can only be agreed in writing under conditions to be set and agreed at that time.

5.5 In the event of late payment Bee-Line Paging Electronics LLC is authorized to terminate the agreement with immediate effect or to suspend (further) delivery until such time as the buyer has fulfilled its payment obligations in full, including payment of any interest and costs due.

5.6 Bee-Line Paging Electronics LLC reserves the right to outsource the claim to a bailiff or collection agency.

 

5.7 All (extra) judicial costs of any nature whatsoever that Bee-Line Paging Electronics LLC has had to incur as a result of the failure of the buyer to comply with its (payment) obligations are for the account of the buyer.

 

Article 6. Delivery and delivery period

 

6.1 After placing an order electronically via (one of) Bee-Line Paging Electronics LLC’s internet site(s), the buyer will receive, if possible within 24 hours, an order confirmation via email containing an overview of the relevant buyer and order details, including the products ordered, prices, delivery address, selected delivery method and shipping costs.

6.2 Orders will be delivered as soon as possible. Bee-Line Paging Electronics LLC aims to ship orders for which payment is received on a business day before 12:00 noon on the same day. If Bee-Line Paging Electronics LLC has agreed on advance delivery with the buyer, Bee-Line Paging Electronics LLC aims to ship orders placed on a business day before 4:00 p.m. on the same day. The deadline for delivery is 30 days after receipt of the order. For orders delivered on prepayment, the latest delivery period is 30 days after receipt of payment, unless otherwise agreed upon. Mentioned delivery time is only an indication, therefore no rights can be derived from it. Bee-Line Paging Electronics LLC can give further information about delivery times on the internet site or make this known in writing in any other way. Such information is only of an indicative nature.

 

6.4 If a customer orders a product that is temporarily out of stock, it will be indicated when the product will be available again. It is possible that products, which are indicated on one of Bee-Line Paging Electronics LLC’s internet sites as being available and/or in stock, are nevertheless not available and/or in stock. No rights can be derived from this. Bee-Line Paging Electronics LLC aims to notify the buyer of delays in the delivery period by telephone or e-mail within one working day.

6.5 Deliveries shall take place at the delivery address provided by the customer during the formation of the agreement.

6.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk in respect of these products passes to the buyer. Bee-Line Paging Electronics LLC accepts no liability for damage or loss of products during the shipping process.

6.7 Exceeding a delivery time can never result in compensation to Bee-Line Paging Electronics LLC.

6.8 Different conditions may apply to deliveries abroad.

6.9 Bee-Line Paging Electronics LLC reserves the right to deliver and invoice ordered items in partial shipments.

 

Article 7. Catalogues, leaflets, printed matter, price lists, internet site(s)

7.1 The contents of catalogs, leaflets, printed materials, price lists, internet sites and the like are compiled by Bee-Line Paging Electronics LLC with great care, but only contain general information that is not binding for Bee-Line Paging Electronics LLC and on which no unconditional reliance can be placed.

 

Article 8. Provision of data by customers

8.1 Bee-Line Paging Electronics LLC is entitled not to execute an agreement, not to continue it or not (or no longer) to execute it on the same conditions if it transpires that data provided by the buyer that are relevant for the execution of the agreement are incorrect and/or incomplete. Bee-Line Paging Electronics LLC can then claim compensation for the efforts and costs incurred up to that time, and is itself not obligated to pay any amount to the customer.

 

Article 9. Defects, complaint periods

 

9.1 The buyer must examine the purchased goods (or have them examined) upon delivery – or later with a maximum period of three days after delivery – on penalty of the automatic lapse of his rights. In doing so, the customer must check whether the delivered goods comply with the agreement. The buyer must examine, among other things, whether:

  1. the correct goods have been delivered;
  2. the quantity of the delivered goods corresponds with that agreed upon;
  3. the goods delivered meet the agreed quality requirements or – if these are lacking – the requirements that may be set for normal use and/or commercial purposes.

9.2 If visible defects or shortages are detected, the buyer must report these to Bee-Line Paging Electronics LLC in writing within five days of delivery.

 

9.3 Non-visible defects must be reported in writing to Bee-Line Paging Electronics LLC by the buyer within eight days of discovery, and at the latest within 1 months of delivery.

9.4 Even if the buyer complains in a timely manner, its obligation to pay and take delivery of orders placed remains, and the buyer is not entitled to compensation. Items can only be returned to Bee-Line Paging Electronics LLC with prior written consent.

9.5 Bee-Line Paging Electronics LLC is never obliged to take back delivered goods. If Bee-Line Paging Electronics LLC, contrary to the above, agrees to take back goods delivered by it, any costs incurred by Bee-Line Paging Electronics LLC as a result of the customer sending goods to Bee-Line Paging Electronics LLC without postage, incorrectly packaged or incorrectly addressed, shall be recovered from the customer.

 

Article 10. Warranty and liability provisions

 

10.1 For the products delivered by Bee-Line Paging Electronics LLC, only the warranty as determined by the manufacturer of the relevant product applies. Bee-Line Paging Electronics LLC only fulfills a counter function during this period.

10.2 If the product shows a design, material or manufacturing defect within the warranty period, the buyer is entitled to repair or replacement of the product. The buyer must at all times first contact Bee-Line Paging Electronics LLC to verify the defect before returning the product. The return shipping costs of the defective product shall be borne by the buyer.

 

10.3 Bee-Line Paging Electronics LLC is never obliged to pay any compensation to the buyer or others, unless there is intent or gross negligence on the part of Bee-Line Paging Electronics LLC. Bee-Line Paging Electronics LLC is never liable for consequential or trading loss, indirect loss and loss of profit or turnover.

104 If Bee-Line Paging Electronics LLC, for whatever reason, is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value relating to the product that caused the damage.

10.5 The warranty does not apply if damage is the result of improper handling by the customer or when the customer has acted contrary to the (user) instructions. No warranty is given and the above warranty constitutes Bee-Line Paging Electronics LLC’s only obligation.

10.6 The buyer is required to indemnify Bee-Line Paging Electronics LLC against any claims that third parties could make against Bee-Line Paging Electronics LLC in connection with the execution of the agreement, in so far as the law does not prevent the relevant damage and costs from being borne by the buyer.

 

Article 11. Force majeure

 

11.1 In the event of force majeure Bee-Line Paging Electronics LLC is not obliged to fulfill its obligations to the buyer, or the obligation is suspended for the duration of the force majeure. If the period of suspension lasts longer than thirty days, both parties are authorized to dissolve the agreement in whole or in part, without any obligation to pay damages in that case.

 

11.2 Force majeure means any circumstance beyond its control, as a result of which the fulfillment of its obligations to the customer is prevented in whole or in part. Such circumstances include, but are not limited to: strikes; fire; operational failures; energy failures; failures in a (telecommunications) network or connection or used communication systems; the unavailability of the internet site(s) at any time; transport difficulties or impediments of any nature, as a result of which transport to Bee-Line Paging Electronics LLC or from Bee-Line Paging Electronics LLC to the customer is hindered or impeded; the absence of any permit to be obtained from the government.

 

Article 12. Intellectual property rights

 

12.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, images, communications or other statements relating to the products and/or internet site(s) belong to Bee-Line Paging Electronics LLC, its suppliers or other entitled parties.

12.2 Intellectual property rights include: patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

12.3 The Buyer is prohibited from making use of or making changes to the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of Bee-Line Paging Electronics LLC, its suppliers or other entitled parties, unless it is purely for private use in relation to the product itself.

 

12.4 All rights reserved. None of the data published on our websites may be reproduced, stored in an automated data file and/or made public, in any form or in any way, whether electronically, mechanically, by photocopying, recording or any other manner, without the express prior written consent of Bee-Line Paging Electronics LLC BV. The use of brand and product names of Bee-Line Paging Electronics LLC BV in texts aimed at search engines is also not permitted. Bee-Line Paging Electronics LLC BV maintains an active and strict policy in monitoring unsolicited reproduction or misuse of materials and texts from its website and will always take legal action in the event of violation.

 

Article 13. Registration and use of personal data

 

13.1 Bee-Line Paging Electronics LLC will only use the customer’s data for the purpose of establishing an agreement and possibly making offers on its part. Under no circumstances will the data be provided to third parties.

13.2 The customer may at all times request, change and/or inspect the data provided to Bee-Line Paging Electronics LLC.

13.3 Bee-Line Paging Electronics LLC observes the applicable privacy regulations and legislation.

 

Article 14. Applicable law and competent court

 

14.1 Dutch law applies exclusively to all offers and agreements.

14.2 Bee-Line Paging Electronics LLC expressly excludes, to the extent applicable, the provisions of the Vienna Sales Convention (C.I.S.G). Nor any other international regulation whose exclusion is permitted.

14.3 All disputes relating to or arising from offers from Bee-Line Paging Electronics LLC or agreements concluded with Bee-Line Paging Electronics LLC shall be submitted to the competent court in the place of establishment of the contractor, unless this is contrary to mandatory law. The Contractor may deviate from this rule of jurisdiction and apply the statutory rules of jurisdiction.

14.4 The parties may agree on another form of dispute resolution such as arbitration or mediation.

 

Article 15: Changes and additional work

 

15.1 If Bee-Line Paging Electronics LLC, at the request or with the prior consent of the client, has performed work or other performance that falls outside the content or scope of the agreed service provision, this work or performance will be reimbursed by the client in accordance with Bee-Line Paging Electronics LLC’s customary rates. There is also additional work if an analysis, a design or specifications are extended or changed. Bee-Line Paging Electronics LLC is never obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.

15.2 The client accepts that the work or performance referred to in article 15.1 may affect the agreed or expected time of completion of the services, and the mutual responsibilities of the client and Bee-Line Paging Electronics LLC. The fact that (the demand for) additional work arises during the execution of the agreement shall never be a ground for the client to dissolve or terminate the agreement.

15.3 Insofar as a fixed price has been agreed for the provision of services, Bee-Line Paging Electronics LLC shall, if requested, inform the client in advance in writing of the financial consequences of such additional work or performance.

 

Article 16: Confidentiality

 

16.1 Bee-Line Paging Electronics LLC and the client are obliged to keep confidential all confidential information that they have obtained from each other or from another source in the context of the agreement. Information is considered confidential if it has been communicated by a party or arises from the nature of the information.