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General terms and conditions

Terms & Conditions of Purchase

1. Purchase Order Agreement

1.1. This Purchase Order constitutes a purchase agreement between BEA Americas and the supplier. By its acceptance, the supplier acknowledges and shall comply with the terms and conditions of this order.
1.2. BEA Americas reserves the right to cancel or amend the terms of the order if the acknowledgment of receipt does not comply with them or if the order is not delivered in the timeframe (Requested Date) on our purchase orders.
1.3. These terms and conditions are applicable subject to any amendments agreed upon by both Parties.

2. Acknowledgment of receipt

2.1. Our suppliers are required to inform us that they have received our orders within 7 calendar days of receipt.
2.2. By accepting the order, the seller waives any application of the provisions set out in its general or special terms and conditions of sale, even if they state that they alone are valid. Failure to acknowledge receipt shall imply acceptance without reservation of all the conditions of our orders and the technical conditions specified by BEA Americas.

3. Inspection

3.1. BEA Americas is authorized to have one or more duly appointed representatives inspect and check the quality of materials and the parts of equipment used in manufacturing at any time and at any step of the manufacturing process.
3.2. The absence of any comments made during such inspections and checks shall not in any way deprive BEA Americas of the right to refuse the equipment as non-compliant or affected by any visible or hidden defect.

4. Terms & conditions of delivery

4.1. As stated on the Purchase Order or in a framework agreement or in a specific agreement between both Parties in advance of shipment.

5. Delivery date

The delivery date (requested date) shall be stated on the Purchase Order.
BEA Americas reserves the right to cancel the order if the delivery time (requested date) is exceeded.

6. Transfer of risks

The risks shall be transferred per Incoterms in the framework agreement or a specific agreement with the freight forwarder.

7. Payments

7.1. Our payments are made as agreed upon between both supplier and BEA Americas at the time of order placement unless otherwise specified on the purchase order issued by BEA Americas.

8. Drawings & tools

Any drawings, documents, templates, and tools entrusted to its suppliers by BEA Americas shall remain its property. They may not be transferred, copied or reproduced without its written authorization. They shall be clearly identified as belonging to BEA Americas, and the supplier shall return them upon the first request.

9. Receipt of goods – Claims

9.1. Without prejudice to the application of Article 10, BEA Americas shall have 10 business days from the actual physical receipt date of the goods to make any claims or comments regarding either the compliance or the quality of the goods sold.
9.2. If the goods display any material or manufacturing defects or if they do not comply with the order’s specifications, BEA Americas may, at its discretion and without limitation:

  • Either terminate the agreement totally or partially, without compensation for the supplier but with damages if BEA Americas suffered any direct or indirect loss resulting from its defective supply; in such a case, the goods shall be returned to the supplier, at its own expense, or made available for 15 working days at the place of delivery, and from the day that BEA Americas terminates the agreement; the goods shall be at the supplier’s risks;
  • Or require the replacement of the defective goods, as quickly as possible, and free of charge;
  • Or require a price reduction;
  • Or have a third party perform the work required to make the goods compliant or remove their defects or perform this work itself, and in both cases, at the supplier’s expense.

10. Guarantee

10.1. The seller undertakes to promptly remedy any defects in the goods, whatever their nature or origin, appearing during a minimum period of 12 months from the effective delivery.

11. HALMA Code of conduct

11.1. The seller must comply with all provisions stipulated in the HALMA Code of Conduct, available to download from the website www.halma.com or www.beasensors.com.
11.2. This Code is designed to guide us and our business partners in our professional activities. It indicates how to steer our activities regarding ethics, ethical rules, and the law. It also obliges us to respect the law and national and international regulations, particularly regarding fraud and corruption, conflicts of interest, insider dealing, and whistleblowing.

12. Modern Slavery Act

12.1. The seller must support the provisions set out in the Modern Slavery Act (the Act) and, through Human Rights and Labor Conditions Policy, endorses the core requirements of the Universal Declaration of Human Rights and the ILO Declaration on Fundamental Principles and Rights at Work, including the conventions relating to forced labor, child labor, non-discrimination, freedom of association and right to collective bargaining.
12.2. The seller confirms that slavery and human trafficking is not taking place in his business and his supply chains. The Modern Slavery Act is available for download at www.halma.com or www.beasensors.com.

13. Exemption

13.1. Any circumstances occurring after the agreement has been entered into and which are beyond the control of one of the Parties and preventing it from being performed shall be considered as grounds for exemption: for example, but not limited to, labour conflicts, fire, mobilization, requisition, embargo, prohibition on transferring currency, insurgency, lack of means of transport, general shortage of raw materials, or reduction in energy consumption.
13.2. The Party invoking the circumstances referred to above must notify the other Party of this in writing as soon as they occur and once they are resolved.
13.3. The occurrence of one of these circumstances shall release both BEA Americas and the seller from any liability.

14. Termination

BEA Americas reserves the right to terminate the order, in full or partially, without compensation for the supplier, if the latter is insolvent or if its credit is undermined. The notice of protest of an accepted bill of exchange or the application for an out-of-court or court-imposed arrangement shall be considered as sufficient proof of this situation.

15. Applicable law

15.1. This order shall be governed by the applicable laws of the state in which the buyer has executed this order.

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