General business terms
General sales and payment terms
Our sales and delivery business transactions are based on the following conditions. These also apply to all subsequent transactions, even if it wasn't referred to these conditions in a contact again.
For buyers and customers following the term "purchaser" is uniformly used.
§ 1 Contract
Our offers are, also with regard to the indicated price, nonobligatory and non-binding.
After placing an order, a contract will be confirmed by a written order confirmation. This is only relevant for the content of the contract.
If subsequently facts, which would undermine a compliance with payment deadlines raise in question, a withdrawal from the contract without notice remains. An obligation, to disclose the origin of these facts to the buyer, does not exist.
Additional agreements, changes and additions to the submitted orders, which underlie to these general conditions or the concluded contracts, require a written confirmation.
With our representatives reached agreements are also valid, if they were confirmed written by us.
§ 2 Prices
All prices include the currently valid VAT - on both main and ancillary claims.
Unless agreed separately, all prices are ex works.
For order quantities from 30m², the surcharge for small quantities is eliminated.
§ 3 Deliveries
Partial deliveries are permitted unless a delivery within the delivery time is not carried out by a position to be taken by us. The buyer may rescind the contract only justified when a written grace period of 4 weeks, beginning with receipt of the grace period, fruitlessly is elapsed.
Other claims or rights of any kind, irrespective of the legal reason, in particular claims for damages in relation to the failure of delivery deadlines or any impossibility of delivery, are, as far as legally permissible, excluded.
If we agree to the collection of goods by buyer, the delivery of your deployment is considered as done.
We keep us free to presuppose several fetch addresses of our plants and outdoor storages within our site 33334 Gütersloh.
§ 4 Passage of risk
Shipping is at the expense and risk of the buyer, even if free delivery has been agreed.
By loading the goods on the delivery station or on the truck, the risk is transferred to the buyer. With own transportation the danger is transferred with the arrival of the truck at the destination to the buyer. If we agree to the collection of goods by the buyer, the passage of risk is transferred with the handover of the goods to the buyer.
§ 5 Warranty, liability
On the natural stone or porcelain stoneware market for the respective stones/blocks, customary different trade names exist. If in individual cases the term used in the order confirmation should not coincide with those who the buyer finds as part of the handover as labeling, so no aliud delivery is seen herein. It is in effect the same stone, so that the different name does not harm.
Pattern and material characteristics: sampling is not binding and only show the general appearance of the stone. Hand patterns and reductions can never unite all differences in color, pattern and structure in itself. No liability is assumed for the in natural stones occurring color differences, turbidity, changes, polka dots, pores, bruises and other natural features. Puttying and bracing are inevitable with colored stones and are carried out expertly. The client has to reckon with the vicissitudes that occur in natural stone.
Natural stones and porcelain stoneware are due to their fragile nature exposed to the danger of fracture. Against this background, warranty rights are excluded in an eventual break up in the amount of 2% of the respective goods.
The by us estimated amounts of grout or adhesive are merely empirical values from practice. In rare cases, these estimations are not able to come true, because only on the occasion of the laying work an accurate assessment of the required amounts is possible. From buyer ordered/s, for the proper performance in retrospect but unneeded glue/unneeded grout, can't be withdrawn.
Deviations: For deviations the currently valid VOB applies, Part C: General technical rules for construction services natural stone work DIN 18332
After the receiving the goods, or if the buyer collects the goods, he has to immediately check the product for defects or damages. Complaints must be lodged immediately. 3 days after receipt of the goods any defect is excluded. Subsequent complaints are dismissed.
The buyer has to provide an adequate period of time to review the complaint. If the complaint proves to be justified, we are liable for defects, excluding any further claims, regardless of the legal basis as following:
1) In our election we will repair the damage or deliver the same kind and quality of the goods. For the amendment or replacement the buyer has to provide a reasonable period.
2) If neither improvements nor a replacement is possible, we reserve the right to change and refund the purchase price. Discounts on raw materials can only be granted for the non-recoverable portion of material. Any further liability for damages for non-performance, to the extent permitted by law, is excluded.
Liability for damages of any kind, irrespective of the legal reason, in connection with the processing of the goods, is, as far as legally possible, barred.
Acts of God, strikes, lockouts, business disruption, operational closure, difficulties in the work at the production site due to weather or other influences entitle us to postpone the delivery time depending on the duration of the events and expand a reasonable grace period or due to the unfulfilled portion partially or completely withdraw from the contract.
Complaints do not entitle the buyer to withhold the purchase price or other receivables.
§ 6 Payments
Our goods are payable upon delivery or pick-up, in special cases prepayment is required. Offsetting of counterclaims, unless they are undisputed or legally, are not recognized. Delivery against deposit or prepayment is reserved from us.
We reserve the acceptance of bills and checks. It is always only as payment. Discount charges and exchange control shall be borne by the purchaser and payable immediately. For punctual presentation, protest, notification and consideration of change in non-redemption, we accept no liability.
In deviation from the provisions of §§ 366, 367 German Civil Code and any instructions from the buyer, we are entitled to determine which claims are settled by the payments from the buyer.
Payment deadlines have to be observed. If they exceed, the purchaser is in delay without any warning. With the delay start we are entitled, subject to the assertion of further claims for damages, to charge default interest in the amount of at least 4% above the discount rate of the Deutsche Bundesbank. The interest is due immediately.
If the buyer gets with a payment wholly or partly in default, all existing claims which are required from us collateral or even executed outstanding deliveries can only be processed against advance payment or securities.
§ 7 Title retention
Until full payment of the purchase price and prior to settlement of all other liabilities of the buyer against us, the delivered goods remain our property.
The purchaser is entitled in the ordinary course of business to dispose the reserved goods and in particular to resell, if the seller's rights from the reservation are safeguarded and the buyer is not in default of payment. The purchaser is not entitled for otherwise dispositions like in particular assignment, pledge or transfer of ownership.
If third parties have access to the delivered goods which are under title retention, the buyer is obliged to immediately notify the third party or the enforcement officer's with enclosing receipts about the title retention. The buyer is liable for any resulting costs in this case.
If the value of the for the seller existing secured claims raises by more than 20%, the seller is obliged after the buyer's request to release the security at his discretion.
§ 8 Place of delivery, Venue
Place of delivery is Gütersloh.
Place of the venue is Gütersloh.
§ 9 Partial ineffectiveness
Should one or more provisions of these conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The ineffective provision is rather to be interpreted, reinterpret or supplement that its chased economic purpose, if permitted by law, is achieved.
The prefix in the individual paragraph headings are for convenience only and have no material significance, especially not a final settlement.