Sales and delivery of all present and future contracts and businesses are only carried out under our following conditions. Conditions of the customers are not valid, even if we don´t explicitly reject them.
2. Prices, Offer
Quotations in the catalogue are made free of obligation. The prices of the current price list are valid. Offers are subject to change. All prices apply ex works.
Dispatch shall be considered to have taken place when the material has been handed over to the forwarding agent or carrier - however, at the latest, upon leaving the factory - for the account and at the risk of the purchaser; this also applies to fob or freight free deliveries. Freight costs paid by us shall only be considered as freight prepaid for the ordering party. Additional freight costs for dispatch by express or as fast freight shall be at the expense of the ordering party, even if we have taken over the transport. Insofar as no written freight instruction has been submitted by the customer, dispatch, way and means of transport are selected by us - under exclusion of all liability, particularly for cheaper transport.
We reserve the right to deliver in partial quantities. Our delivery times are approximate and non-binding. If the agreed delivery time is exceeded, an additional and reasonable period of time has to be set. Should the additional period not be respected, the is entitled to withdraw the contract if this has not been fulfilled yet. Claims for compensation in the case of simple negligence or contractual penalties are excluded. In case of untimely or incorrect self-delivery, in case of force majeure or labour disputes, disruptions to production or fires, as well as damages caused by vandalism in our own company or in the one of a supplier, that make the execution of the agreement temporarily difficult, we shall be entitled to defer agreed delivery periods or we may withdraw from the contract without the customer being entitled to assert claims of any kind.
5. Conditions of payment
For new customers, the standard conditions are payment in advance. For payment in advance (delivery after payment) we grant 3% of discount on the amount of the invoice. Upon agreement, other conditions can be applied.
Complaints due to incomplete or incorrect deliveries or complaints due to transport damages or due to recognisable defect have to be informed immediately, at the latest within 8 days after receipt of goods. Transport damages must be confirmed immediately in writing upon receipt of the delivery by the transport agent or the delivery driver. Latent defects have to be notified immediately, at the latest within 8 days after discovery. After expiry of this period, the contract has been effectively and properly adhered to. In commercial business transactions with our commercial customers §§ 377 HGG apply. In case of justified complaints, we have the choice between repairing the goods or delivering replacements. The purchaser shall give us sufficient time and opportunity to rectify defects, otherwise the warranty is excluded.
If rectification or replacement fails, the customer shall be entitled to demand cancellation or reduction. Further claims are excluded. In case of third party products, liability is confined to assignment of the claims against our supplies. This restriction does not apply if the liability is refused or unacceptably delayed by the supplier. In case of outstanding payments by the customer, we shall be entitled to refuse any warranty, if the outstanding payment exceeds the amount which is needed for the liability. The warranty shall not be applicable, if the customer or a third party modifies the delivered goods, works with them or has tried to mend them.
7. Colour-, structure and dimensions variations
All products, above all mosaic tiles, which we sample, describe, illustrate or show, serve as approximate illustrative articles for quality, dimensions, colour, decoration, structure and handling. Therefore, variations of the delivered goods are always possible, regarding to artificial and natural stones even normal and do not constitute defects. Quartz veins, pores, enclaves, colour variations, structure variations and stains are natural characteristics of natural stones and do not constitute a reason for complaints. In case of varnished plates, tiles and mosaics, crazes can occur and in case of floor ground wear and tear may be the result. They are due to the material and are unavoidable. Artificial and natural stones are not able to be uniformly delivered with respect to colour, thickness, structure and treatment. Therefore, no guarantee can be assumed for entire compliance of the samples with the goods.
8. Reservation of proprietary rights
We retain the right of ownership of the deliveries and services until the full payment of the purchase price. If the customer is a reseller, he is revocably entitled to resell our articles at any time according to the rules in the framework of his business operations. In such a case, he cedes all receivables and secondary rights due to him from the purchaser or contract partner from the resale. Insofar as the value of this cession exceeds more than 20% our receivables, we shall be obligated at the customer´s request to retransfer securities of our choice. The customer shall be obligated to inform us about the debtor and about the amount of the receivables owed to us. He shall be entitled to collect the assigned receivables arising from resale until revocation which is possible at any time but to store them separately, to secure them and to transfer to us immediately, insofar he is in default of payment. The customer is required to notify us immediately with regards to enforcement measures related to the retained product by third parties, handing over documents required for an intervention
9. Credit notes
Credit notes are valid 12 months from the date or the issue of credit note. Afterwards, the customer loses the right to the credit note.
The place of performance is Monheim. For business with entirely commercial customers, Donauwörth is the jurisdiction place.
11. Partial effectiveness, additional verbal agreements
Should be one of the preceding conditions not effective, there is an agreement that the next closed arrangement is valid and that the preceding and unchanged conditions remain valid. There are no additional verbal agreements. Modifications and additions must take place in written form.