These terms and conditions are valid from September 1st, 2020 until further notice. Updated terms and conditions are published here, so please visit this page regularly. Beamex, Inc. (hereinafter also “Beamex”) has a right to update these terms and conditions at any time without a prior notice. Beamex notifies of changes made to these terms and conditions in a manner it considers appropriate. The terms and conditions that apply to a contract between Beamex and a customer are the terms and conditions valid at the time of the purchase order.
The seller’s contact details
By placing an order for products in Beamex’s online store, a customer agrees and accepts that the purchase shall be solely and exclusively governed by these terms and conditions. A person placing an order entering into a purchase agreement on behalf of an entity, such as his/her employer, represents that it has the legal authority to bind that entity to a contract for purchasing Beamex products. The products of Beamex, as well as the online store, are, by default, targeted to corporations, organizations, legal entities and businesses only, not to consumers.
Placing orders and formation of a contract
A contract is formed between Beamex and a customer when Beamex has acknowledged the purchase order a customer has placed at Beamex’s online store. Beamex has a right to not acknowledge an order placed by a customer. All order acknowledgements, invoices or receipts shall be provided in electronic form only (e.g. email). A person placing an order with Beamex must be at least 21 years old.
Cancellation by customer
A placed order is binding upon the customer and cannot be cancelled or changed without Beamex’s acceptance. Similarly, a customer cannot return a purchased product, with the exception that the customer may be entitled to return a defected product under warranty provisions.
Cancellation by Beamex
Regardless if Beamex has acknowledged a purchase order or not, Beamex has a right to cancel an order made by a customer, without any liability to the customer, if (1) the ordered products are not available for any reason; (2) the product(s) cannot be delivered to the address provided by the customer or the delivery would be unreasonably expensive, difficult or restricted by applicable laws or export control regulation; (3) Beamex has reason to believe that the order for products was placed by a minor (under 21 years old); or (4) the customer has not provided accurate or sufficient contact and other details for processing the order and payment of products; or (5) any other justified reason. If a customer has paid for the products prior Beamex’s cancellation, the payment shall be returned to the customer.
All prices for products are in US Dollars, unless otherwise provided by Beamex. Sales & Usage tax may be added to the prices and payable by customer if so required by applicable tax laws. If local laws require payment of import customs or duties for importing the products to customer’s address, these are also payable by the customer in accordance with applicable laws.
Beamex offers payment by credit card for purchases made through its online store. All payments are made safely and securely by using a third party’s, Stripe, payment processing services. When you pay with credit card, the card will be charged when placing the order.
All payments for prices and delivery costs shall be made in US Dollars, unless otherwise notified by Beamex.
Beamex reserves the right to change the available payment methods or provide additional payment terms and methods (e.g. invoicing) at any time.
Beamex delivers products within the United States with certain exceptions (e.g. due to export control regulations). Cost of delivery shall be added to the prices and payable by customer. All deliveries shall be made with UPS. Unless otherwise provided by Beamex, the applicable delivery term is DAP (delivered at place) in accordance with the latest version of Incoterms delivery terms.
Beamex may give delivery time estimates in the online store or in its order acknowledgement. The delivery time usually varies depending on the product, Beamex’s stock, required customization, availability of components and delivery address. All delivery times provided by Beamex are non-binding estimates. However, Beamex agrees to use diligent efforts in estimating such delivery or completion dates as well as to meet such dates. Beamex is not liable for a delay caused by reason outside Beamex’s control (force majeure).
The customer is responsible for inspecting the products immediately after delivery and must notify Beamex’s customer service by email of any product defects. If the package was damaged during the delivery, the customer must also notify the company responsible of the delivery.
Transfer of ownership; Risk of loss
The title to products shall pass to the customer when full payment has been made to Beamex. Risk of loss will transfer to the customer in accordance with the applicable Incoterms delivery terms.
Defects in products; Warranty
Limited warranty: Beamex warrants that the product is free from defects in material and workmanship under normal use and service during the warranty period. Normal wear and tear and the need for regular maintenance or recalibration do not constitute a defect. Consumable items such as carrying cases, cables or test leads are not warranted. The warranty extends only to the original end user of the product. If Beamex delivers warranty terms for products in connection with the delivery that conflict with these terms, then the terms delivered in connection with the delivery shall be applied. The warranty period for products is twelve (12) months from the date of shipment, unless a longer warranty period is specified by Beamex in separate warranty terms attached to the product delivered to the customer.
Exclusive Remedies: In the event of breach of the limited warranty provided in this section, Beamex’s only obligation under this warranty is to (and as customer’s sole and exclusive remedy for breach of any warranty), at its option, to repair or replace the product, provided that the customer has notified Beamex of the warranty defect in writing during the warranty period. The customer’s notification must also include a detailed description of the non-conformance of the product with these warranty terms. The customer must return the defected product at its cost directly to Beamex, unless otherwise instructed by Beamex. Beamex will return the repaired or replaced product to the customer free of transportation cost excluding insurance, taxes, duties or other import costs.
Exceptions: The limited warranty set forth in this section shall not apply to defects arising out of or relating to misuse, misapplication, handling, accidents, neglect, alteration and abuse or use in abnormal conditions or if the hardware is not used or stored in accordance with the supplier’s instructions.
Warranties for third-party products: Beamex may sell or deliver third-party products together with Beamex-branded products. The warranty set out in this section does not apply to products that are not Beamex-branded (i.e. third-party products), even if packaged or sold together with Beamex-branded products. Beamex will, however, pass on to customer all warranties received from the applicable third-party product manufacturer to the extent that they are transferable, but will not independently give any warranties, whether express or implied, for any third-party products included in the delivery.
Disclaimer and exclusions: Beamex does not assume any responsibility, whether express or implied, for the products being fit for any general or specific purpose, unless otherwise expressly stated in writing by Beamex. Beamex grants no other warranties whatsoever for the products than the warranty set out herein, which warranty thus sets forth the warranty given by Beamex in its entirety. Beamex shall have no other obligations regarding defects than what has been stated herein.
Privacy and personal data
Beamex collects, uses and process personal data in accordance with applicable privacy and data protection laws and regulations for the purposes of handling orders and customer relationships as well as for marketing purposes. More detailed descriptions of Beamex’s privacy practices can be found from its privacy statement, which is available at: https://www.beamex.com/privacypolicy.
User account in the online store
In order to purchase products from Beamex’s online store, a customer may be required to register and create a user account. If a user account is created, the customer and the person providing information on behalf of a legal entity agrees to provide and maintain true, accurate, current and complete information about him-/herself and the legal entity or company he/she is representing as prompted by the registration form or otherwise requested by us.
The username and password created when registering for a user account is for personal use. A person may never use another person’s user account. Login details must also be retained in a secure manner. The customer agrees to notify Beamex of any actual or suspected unauthorized use of login details or any other breach of security.
Design changes in products
Beamex reserves the right to make changes in design to the products prior to the delivery without any obligation to install such design changes on previously sold products.
Intellectual property rights
Export control and restrictions
The customer acknowledges and accepts that the products and associated technical information are delivered subject to all applicable export controls or restrictions imposed by any country or organization or nation which are enforceable in the jurisdiction of Beamex, including without limitation Beamex’s domicile, the United Nation, the European Union and the USA. The customer agrees that it will not import or export, re-export, trade, ship or transfer, directly or indirectly the products and associated technical information against such controls or restrictions.
Limitation of liability
Notwithstanding anything to the contrary in these terms and conditions, Beamex’s aggregate cumulative liability, whether arising out of or related to breach of contract, tort (including negligence), warranty or otherwise, shall in no event exceed the amount paid by the customer for the respective products. Furthermore, in no event shall Beamex be liable to customer or any third party for any consequential, incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, data, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise. These limitations of Beamex’s liability shall be applied to the fullest extent permitted by mandatory provisions of applicable law.
Applicable law and dispute resolution
These terms, the contract of sale as well as any dispute between Beamex and a customer shall be governed by the laws of State of Georgia, USA, without regard to its conflict of law rules.
Any dispute arising between the parties will be settled by amicable settlement. Failing amicable settlement within thirty (30) days of the dispute being referred to the settlement, the dispute will be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) sole arbitrator appointed in accordance with those Rules. The arbitration shall be held in Helsinki, Finland and the arbitration proceedings shall be conducted in English. The Parties agree to keep confidential all information, documents and material relating to the arbitral proceedings as well as the arbitration award. Beamex shall, however, have the right to bring up any claim, related to an agreement and based on a due receivable from the customer, in the district court where the customer is domiciled or in any other district court in customer’s jurisdiction.
Beamex is not liable for any breach, delay or defect caused by reasons outside Beamex’s control (force majeure events), regardless of whether the circumstances in question could have been foreseen. These terms and conditions, plus the additional agreed upon terms of the purchase order (relating namely to prices; details of ordered products; time, location and terms of delivery; technical specifications; quantity of products to be delivered) contain the entire agreement between the parties with regard to the subject matter hereof and supersede all prior agreements relating to such subject matter. Information, terms, warranties, specifications or conditions contained in the Beamex’s website and other marketing materials are not binding and applicable unless incorporated by express written agreement. Beamex is entitled to employ subcontractors to fulfill its obligations under an agreement and it is liable to customer for all acts of its subcontractors as for its own acts. Unless otherwise agreed, a party does not have the right to transfer an agreement or rights and obligations related to it, entirely or partly, to a third party without the other party’s prior written acceptance. However, Beamex may assign an agreement or rights and obligations related to it without customer’s acceptance in connection with any merger, sale of business or similar transaction or other business restructuring.