Terms & Conditions
GENERAL TERMS and CONDITIONS of SALE and USE of BETONBLOCK® PRODUCTS
Article 1 – Definitions
The following shall be understood in these general terms and conditions:
1- The Seller: BETONBLOCK® LLC, BETONBLOCK® Group B.V., BETONBLOCK® Global B.V. or Legobeton B.V. (also acting under the trade names BETONBLOCK® and BETONBLOCK® USA).
2- The Buyer: any individual or legal entity who/that entered into or wishes to enter into a contract with the Seller, its representatives, agents, assigns or successors.
3- The Engineering Partner: Fischer Associates.
Article 2 – Applicability
1- Every sales order of the Seller and/or every sales contract between the Seller and the Buyer is subject to these conditions unless agreed otherwise in writing by an authorized representative of the Seller. These General Sales Conditions shall apply, save modifications agreed in writing by both parties. The Seller does not accept any reference by the Buyer to his own purchase conditions. The Seller’s quotes are without engagement.
2- A sales contract shall be deemed to have been formed when the Seller issues a written confirmation of acceptance of the order to the Buyer or when the Seller has shipped the order of the Buyer.
Article 3 – Classification of the goods – Tools
1- Description of Goods
All goods sold by the Seller to the Buyer are classified as construction equipment. These tools are intended solely for construction purposes and are not designed for any other use.
2- Instructional Materials
The Seller will provide instructional materials, including manuals and video tutorials, to ensure proper use of its tools. These resources will be available either in booklet form or online via the Seller’s website.
3- Limitation of Seller’s Liability
The Seller has no control or influence over how the Buyer operates the tools. Consequently, the Seller assumes no responsibility for the Buyer’s use of the tools, nor for any direct, indirect, or consequential damages—whether economic, physical, or otherwise—resulting from the use of the tools or from the walls, buildings, or concrete products produced with the Seller’s tools.
Article 4 – Engineering and Safety
Proper use of the Seller’s tools ensures the safety and structural integrity of the resulting products. To achieve this, the Buyer must obtain approval from a certified engineer, who will provide detailed calculations and specifications. The following guidelines must be adhered to:
1- Certified Engineer Approval for Elevated Structures
All buildings or walls exceeding 4 feet in height must be subject to structural calculations and approval by a certified engineer prior to the use of the Seller's tools.
2- Project-Specific Calculations and Criteria:
All concrete products produced using the Seller’s tools must meet the specific requirements established by a certified engineer for each individual project. There is no generic calculation or set of specifications that can be applied universally. Each project requires a tailored engineering assessment.
3- Engineer-Approved Specifications Before Use
The concrete products produced with the Seller’s tools must fulfill the criteria set forth by the certified engineer prior to use in any construction project. These specifications include, but are not limited to:
3.1 Concrete strength, expressed in PSI or kPa, as determined by the engineer;
3.2 Concrete mix design, including specific proportions of materials;
3.3 Maximum load capacity of the foundation;
3.4 Structural resistance—specifically, the forces the block, wall, or building can withstand without failure.
4- Safety Compliance and Responsibility
The Buyer is solely responsible for ensuring that all engineering specifications are adhered to and that the Seller’s tools are used in compliance with all relevant safety regulations and local building codes. The Seller disclaims any responsibility for structural failures or safety issues arising from non-compliance with these requirements.
5- Periodic Inspections and Re-Approval
For ongoing or large-scale projects, the Buyer must engage a certified engineer to conduct periodic inspections and re-assessments of the structures being built, especially if any changes are made to the project design or material composition during construction. Re-approval is required whenever modifications are made that could affect the structural integrity of the project.
6- BETONBLOCK’s Engineering Partner: Fischer Associates
BETONBLOCK LLC has partnered with the engineering firm Fischer Associates to provide its customer constructional expertise. BETONBLOCK LLC and its global affiliates have accumulated extensive engineering knowledge based on the projects its customers have built by using its tools. However, all engineering insights and information accumulated over the years are exclusively available through Fischer Associates. BETONBLOCK LLC does not offer advice or share any generic or project-specific engineering information.
Article 5 – Order placement and confirmation
1- Requests for quotes can be placed through the web site or by e-mail. All (requests for) orders or quotations placed by the Buyer will require an authorized signature approving prices and approving and accepting these general terms and conditions.
2- The requests for orders placed by the Buyer may be confirmed by the Seller by e-mail.
3- All orders or quotations supplied have a validity of two months from the date of confirmation by the Seller.
Article 6 – Inspection
1- The Buyer is entitled to inspect material of commercial quality on stow to determine the visible features. When special quality requirements have been agreed upon the goods can be inspected before shipment at the warehouse in Atlanta, GA
2- The Buyer shall give notice to the Seller at the time of placing the order that he wishes to inspect the goods. In case such an inspection leads to extra costs for the Seller, these costs will be for account of the Buyer even if the Buyer does not attend the inspection.
3- When the Buyer has notified the Seller that he wishes to inspect the goods but does not do so within one week after the notification for causes beyond the will of the Seller, any claim based on defects, which could have been determined during such inspection, will not be accepted.
Article 7 – Price and payment
1- The prices to be paid by the Buyer are the prices which are mentioned in the quote or invoice provided and are payable in the currency therein mentioned.
2- All orders are to be prepaid, unless otherwise agreed upon in writing. In this case payments of remaining amounts are due within 14 days of the date specified on the invoice unless alternate payment terms have been agreed upon in writing.
3- The Seller shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any sales order or to suspend further deliveries under any contract in any of the following events:
3.1 if any debt is due and payable by the Buyer to the Seller but is still unpaid;
3.2 if the Buyer has failed to provide any letter of credit, bill of exchange or any other security required by the contract, provided that in such event the aforesaid rights of termination or suspension shall apply only in regard to the particular contract in respect of which the Buyer shall have so failed;
3.3 if the Buyer has failed to take delivery of the goods under any contract between it and the Seller otherwise than in accordance with the Buyer’s contractual rights;
3.4 if the Buyer becomes insolvent or enters a composition of arrangement (including a voluntary arrangement) with its creditors or.
4- The Seller shall be entitled to exercise its aforesaid rights of termination or suspension at any time during which the event or default giving rise thereto has not ceased of been remedied and, in case of any such suspension, the Seller shall be entitled as a condition of resuming delivery under contract between it and the Buyer to require prepayment, or such security as it may require for the payment, of the price of any further delivery.
Article 8 – Delivery
1- The delivery will take place after payment of the whole amount specified on the invoice unless other payment terms have been agreed upon in writing.
2- All sales orders are shipped within 3 business days after receipt of full payment, unless the Seller has informed the Buyer differently in writing.
3- All sales orders are shipped from the Seller’s warehouses in Atlanta, GA or Heerhugowaard, the Netherlands. Buyer is free pick up his order or to organize shipment themselves if Buyer has informed the Seller. If nothing is agreed Seller will organize shipment and will charge Buyer for this.
4- The delivery time mentioned in the Seller’s order confirmations are given as an indication and by approximation. The Seller has no influence and takes no responsibility of the operations and estimations of their logistics partners.
5- Delay of delivery for whatever reason never gives the Buyer the right to claim damages and losses and neither the right to stop fulfilling his obligations based on this or another contract.
6- If the Seller fails to deliver the goods described in the sales order or invoice after 90 days from when the Seller gave its approval for the order, the Buyer is allowed to cancel its order and will be refunded fully.
Article 9 – Default, Force majeure
1- The Buyer will be in default – without being given notice or put in default – through its failure to fulfil any of its obligations towards the Seller, which shall be the case through the mere passing of the period in which the Buyer should have fulfilled such obligation.
2- In case of force majeure, as described under c., the Seller shall be rightfully excused from the performance of its contractual obligations for the duration of the force majeure situation. If the force majeure situation lasts longer than 90 days from the date of the aforementioned notification by the Seller, the Seller shall be entitled to annul the contract or to cancel wholly or partly the quantity that should have been delivered during these 90 days. Neither in the case of force majeure nor in case of the here mentioned annulment or cancellation is the Buyer entitled to indemnification of any loss and damage. After the expiration of the above-mentioned period of three months the Buyer can demand that the Seller declares whether he intends to annul or cancel the contract.
3- Force majeure shall be deemed to exist if the performance of a contractual obligation will be partly or wholly impeded by any circumstances beyond the will of the Seller or if such performance causes for the Seller such difficulties that he cannot be required to accomplish it.
4- If circumstances occur such as, but not limited to, war, danger of war, mobilization, insurrection, fire, frost, difficulties or stagnation of transport, shortage of appropriate cars, wagons end or shipping facilities, strikes, blockade, occupation of the premises, stay in strikes, and/or lock outs, embargo, export restrictions, acts of government and difficulties or stagnation in the production of Seller and/or a supplier of raw materials and/or products auxiliary to products for sale by Seller, Seller will be excused from the performance of his obligation without prejudice to the other rights of the Seller which rights are also applicable when the circumstances such as here mentioned circumstances occur.
Article 10 – Risk, Retention of title
1- Upon delivery of the goods at the agreed point all risks of loss, damage and other incident shall pass immediately to the Buyer.
2- The Seller and the Buyer expressly agree that until the Seller has been paid in full for the goods comprised in this or any other sale contract between them, or until all other monies due from the Buyer to the Seller on any sum accounted for have been paid in full:
- 2.1 legal and beneficial ownership of the goods comprised in the contract (“the goods” remain with the Seller;
- 2.2 the Seller may recover the goods at any time from the Buyer if in its possession, if the amount outstanding from the Buyer to the Seller in respect of the goods supplied or any other amounts owed shall remain unpaid after the due date for payment has passed and for that purpose the Seller, its servants and agents may enter upon any land or building which the goods are situated;
- 2.3 the sub clause (10.2.2) shall be construed and have effect as a separate clause and accordingly in the event of any of them being for any reason whatsoever unenforceable according to its terms, the others shall remain in full force and effect.
3- Should the case arise, the Seller has the right – in contravention of article 12 – to invoke the law of the country where the goods are situated. In such case this article is assimilated to the most proximate and most comparable right of that legal system.
Article 11 – Warranty/default/liability
1- Any claim or complaint on account of defective goods or for any other cause whatsoever shall be deemed waived by the Buyer unless written notice of such claim is within thirty (30) days after receipt of the goods by the Buyer (or after storage at his account whichever is first). Damages caused by transport must be reported by return, at the latest within 48 hours of receipt of the goods, accompanied by proper photographs of the condition of the goods at delivery.
2- If the Seller accepts a defect, as notified by the Buyer according to the above paragraph, he shall have without the choice to replace the defective goods or to refund the sales price of such defective goods. In both cases the goods concerned will be kept at the disposition of the Seller and shall only be returned by the Buyer to the Seller after approval by the Seller.
3- As long as the Buyer does not fulfil his obligation completely under the sales contract, the Seller shall not be liable for whatever damages or losses and shall not be obliged to accept any claims about defect.
4- Seller is no way liable to compensate Buyer for direct or indirect damage, the consequences of damage, or loss of profits, that are caused either by inadequate performance of delivered goods by Seller or through work performed by Seller.
5- Buyer indemnifies Seller against claims by third parties, and against all costs, damages and interest-charges that might directly or indirectly be incurred by Seller from such claims, in pursuance by third parties for compensation for damage caused by shortfall of our delivered supplies.
Article 12 – Tolerances
All sizes references on the Seller’s web site are approximated and, depending on the product ordered, actual sizes may vary.
Article 13 – Designs, drawings and descriptions, intellectual property
1- All designs, drawings, models, inventions and (technical) documents of similar import, expressly created as original work by the Seller, relating to the products or its manufacture submitted to the Buyer by the Seller or its Engineering Partner shall explicitly remain property of the Seller or the Engineering Partner.
2- All designs, drawing models, inventions and (technical) documents of similar import submitted to the Buyer by the Seller shall not, without the written consent of the Seller or its Engineering Partner, be used for any other purpose than for which they were provided. They may not, without the written consent of the Seller, otherwise be used or copied, reproduced, transmitted or communicated to a third party.
3- The items referred to in the previous paragraphs must be returned to the Seller or the Engineering Partner immediately if one of them requests the Buyer to do so.
Article 14 – Applicable law and exclusive jurisdiction
Any dispute and/or matter arising out of, or in connection with the contract shall exclusively be settled by the authorized judge in Atlanta, GA unless otherwise agreed in writing. The laws of the state of Georgia are applicable.
