General terms and conditions
The following terms of delivery and payment are an integral part of our offers and contracts for the supply of goods and services. They shall apply to all buyers, purchasers or customers, as well as to all subsequent transactions in current or future business relations, even if no reference is made to them again in the event of a subsequent conclusion. Any conflicting terms and conditions of purchase shall be invalid.
2 Natural stone textures (patterns, colors, material properties, etc.)
Samples are not binding and only reflect the general appearance of the stone. Hand samples can never reflect all the characteristics and differences in color, pattern and structure of the natural stone. No liability is accepted for the color differences, mineral concentrations and veining that occur in natural stone, nor for natural defects such as open spots, black specks, pores, cracks, quartz veins, crystals, fossils or other petrifactions, etc., because they do not represent a reduction in the value of the natural stone. In the case of marble and granite, filling/puttying and resination, or reinforcement with underlaid slabs (doubling) or reinforcement with nets or staples, are sometimes unavoidable, depending on the nature of the natural stone in question. Otherwise, this natural stone could not be processed as natural stone products at all. Thickness tolerances of sometimes over 20 percent tolerance are given for splittable materials such as slate and quartzite slabs.
We would like to draw your attention to the fact that efflorescence may appear on certain natural stone coverings after installation. Therefore, we recommend laying only with washed sand and with trass cement or with suitable natural stone adhesive! Also, be sure to insulate the floor against moisture. No guarantee can be given for efflorescence, as it is a natural material. When laid outdoors, many materials are not frost resistant. Frost resistance can also not be guaranteed. Therefore, we recommend prior inquiries about the properties of the material.
3 sample plates
Small hand samples of stock are always available for many materials. Original sample plates to be specially produced will be charged, expenses for this can be charged when the order is placed.
4 PATTERNS, COLORS, THICKNESS AND WEIGHTS
Natural stone slabs can never be supplied completely uniform in color, thickness and processing. Not even if the delivery is to be made according to submitted average samples. For the thickness, a tolerance of at least 10% must be added to the prescribed margin.
5 Freight and weight data
Freight and weight details are given according to experience and are non-binding for us.
6 Orders according to plans and sketches
Orders based on plans and sketches must include the exact number of pieces and size of the desired sheets or detailed drawings for special cuts, as we cannot assume any liability for their correctness without this information.
In the event of defects, we shall have the right, at our discretion, to repair or replace the goods.
Complaints from merchants in the sense of the German Commercial Code (HGB) must be made in writing immediately, but no later than 8 days after receipt of the goods and before further agreement before installation or laying, in the case of all recognizable defects, shortages or incorrect deliveries! From the buyer, who is not a merchant, all obvious defects, shortages or wrong deliveries are within two weeks after receipt of the goods before installation or by the collector to the laying in writing! The inspection of the goods must take place immediately upon collection or delivery. Defects that have not been rectified in due time are irrevocably deemed to have been approved; subsequent complaints about material that has already been processed or laid are excluded – also with regard to subsequent discoloration of the stone or efflorescence.
Notwithstanding any complaints, our invoices shall be paid on the due date in the agreed manner. The purchaser shall assert his rights to which he is entitled on account of alleged defects separately. Even in the event of a justified complaint, claims for lost wages, lost profits or the like will be rejected by us. The inspection of the goods must always take place before installation. Complaints for material that has already been laid cannot be accepted under any circumstances.
9 Assumption of risk
The risk of accidental loss and damage to the goods shall pass to the buyer when the goods are ready for shipment or handover at our factory. This also applies if delivery of the goods by us has been agreed. In the event of a failed or delayed delivery of goods for which the buyer is responsible, in particular if waiting times are incurred at our expense, we are entitled to demand reimbursement of costs.
10 Offers & Conclusion of Contract
Our offers are subject to change and non-binding: subject to prior sale. Offers are valid subject to final conclusion of contract only by our written order confirmation. The different conditions and regulations stated on letters of the customer are valid only if they are accepted by us in writing. All oral statements or statements made by telephone as well as all statements made by our employees and representatives and agreements made by them require our written confirmation to be effective.
Prices are without obligation in €uro plus. VAT ex warehouse. If, for reasons for which we are not responsible, an extension of the material cost price occurs, we reserve the right to adjust the prices accordingly.
12 Possibility of delivery
All orders are accepted only subject to the possibility of delivery. Events of force majeure such as strikes, plant shutdowns, operational disruptions, shortages of wagons or containers, rail blockages, problems in the quarries or external plants as well as in the procurement of the necessary raw material and other unforeseen cases shall release us from the delivery obligations entered into. In the quotation phase, delivery times are to be regarded as approximate only and shall not commence until the order has been placed. Of course, the delivery times will be met punctually as far as possible. We expressly reject penalties for delay or other claims for late delivery as a matter of principle. The right to withdraw from the contract cannot be derived from any delayed delivery.
Packing will be charged cheaply and will not be taken back.
Shipping is expressly for the account and risk of the customer without liability for breakage, theft and the like. The same applies to the takeover of Franco deliveries. The risk of breakage is not included. The statement in the waybills “defectively packed” is required by the railroad authorities and does not make us liable for breakage.
15 Transport damage
If any damage to the consignment is detected upon arrival, the consignee should immediately have it confirmed on the waybill. In the case of shipment by truck, a record must be made in which the extent of damage is precisely recorded. This protocol must be signed by the driver. The conditions of our insurance are decisive for any compensation. Transport insurance can be taken over on request under calculation plus approximate freight at the expense of the customer.
16 Terms of payment
For payment, the terms of payment indicated on the invoice apply. In case of payment by three-month acceptance, the buyer shall bear the discount charges (acceptance free of charge). We reserve the right to demand advance payments in cash or the provision of security, even for orders already confirmed, before the goods are dispatched, if this enables us, at our discretion, to secure the agreed purchase sum. Payment by bill of exchange or check will not be accepted. In the event of late payment, we reserve the right to charge interest at the bank rate. We shall be entitled, despite any provision of the Buyer to the contrary, to set off payments first against the Buyer’s older debts. If costs and interest have already been incurred, we shall be entitled to set off the payments first against the costs, then against the interest and finally against the principal claim. Our claims – even in the case of deferment – shall be due immediately as soon as the customer defaults on the fulfillment of one or more obligations, the customer ceases payments, is overindebted, has composition or bankruptcy proceedings instituted or opened against its assets, or the opening of such proceedings has been refused due to lack of assets. In the above-mentioned cases, we are entitled to reclaim goods subject to retention of title and to withdraw from the contract, even partially. We reserve the unrestricted right to assign our claims to third parties.
17 Retention of title
The Buyer expressly acknowledges that the following retention of title shall be deemed agreed for all our deliveries. We retain title to the delivered goods until payment of the purchase price and any interest and costs incurred. The retention of title shall remain in force until full payment of all of the value of the goods and any additional costs incurred. As long as our ownership has not expired, any resale or any treatment or processing by the buyer as our agent shall be carried out on our behalf without the buyer acquiring any claims against us as a result. If the purchaser sells our goods or installs them in a property, he shall assign in advance the purchase price or work compensation claim against the third party arising from the sale or installation, including all ancillary rights. The buyer must inform us of this without being asked to do so. He shall be obliged to notify the third party of the assignment at our request and to provide us with proof thereof. If the assigned claim exceeds our claim by more than 20%, we undertake to release the excess amount of the purchaser’s claim upon request.
The purchaser is obliged to notify us immediately of any access by third parties to the goods delivered under reservation of title or to the claims to which we are entitled. Furthermore, he is obliged to provide us with all information and documents upon request in order to protect our rights. In particular, he shall inform us of the names and addresses of the debtors of assigned claims and notify the debtor of the assignment. The buyer is also obliged to issue us with a certificate of assignment. The reservation of title in accordance with the above provisions shall also remain in force if our claim is included in a current account and the balance has been struck and acknowledged. Before payment of due invoice amounts, the seller is not obliged to make any further deliveries. If the Buyer is in default with a due payment, the Seller may demand cash payment before delivery of the goods for all outstanding deliveries from all transactions.
18 Data protection
The Buyer is hereby informed in accordance with §33 of the German Federal Data Protection Act that the Seller will machine process the Buyer’s complete address and other details relating to the purchase contract, insofar as these are relevant for the proper performance of the contract. Confidential treatment of data is guaranteed.
Claims for damages of any kind, regardless of the legal basis, are excluded unless Steinzeit GmbH is guilty of intent or gross negligence. Excluded are claims for compensation of lost profit, missed savings or consequential costs.
20 German law applies
The exclusive place of jurisdiction is the court responsible for the Land Berlin. If the Buyer has its registered office outside the territory of the Federal Republic of Germany, it may choose the jurisdiction of the court having jurisdiction over the Buyer.
Our previous terms and conditions of sale and delivery are hereby superseded. Subject to change without notice.