General Terms and Conditions

Our offers are non-binding and without obligation, including with regard to price information.

After placing an order, a corresponding contract only comes into effect with written order confirmation. This is exclusively authoritative for the contract content.

If facts subsequently become known that call into question compliance with payment deadlines, we reserve the right to withdraw from the contract. There is no obligation to inform the buyer of the origin of these facts.

Subsidiary agreements, changes and additions to submitted orders, these general conditions or concluded contracts require written confirmation.

Agreements made with our representatives are also valid if they are confirmed by us in writing.

All stated prices include the currently valid statutory value-added tax on both main and subsidiary claims.

Unless otherwise agreed, all prices are ex works.

For order quantities from 30m², the minimum quantity surcharge does not apply.

Partial deliveries are permitted. If delivery does not take place within the specified delivery time due to a fact for which we are responsible, the buyer is only entitled to withdraw from the contract if a written grace period of 4 weeks, which begins upon receipt of the grace period notice, has expired without result.

Other claims or rights of any kind, regardless of the legal basis, in particular claims for damages in connection with non-compliance with delivery deadlines or any impossibility of delivery, are excluded to the extent legally permissible.

For material quantities confirmed in orders, deviations may occur due to packaging units, which are separately taken into account in the invoice.

In the case of agreed collection of goods by the buyer, delivery is deemed to have been made upon provision.

We reserve the right to presuppose several collection addresses of our factories and external warehouses in the vicinity of our location 41460 Neuss.

Shipping is at the buyer's expense and risk, even if freight-free delivery has been agreed.

Upon loading the goods at the dispatch railway station or onto the truck, the risk passes to the buyer. In the case of our own delivery, the risk passes to the buyer upon arrival of the truck at the destination. In the case of agreed collection of goods by the buyer, the transfer of risk takes place upon handover of the goods to the buyer.

In the natural stone and porcelain stoneware market, different trade names exist for the respective stones as is customary in the industry. If in individual cases the designation used in the order confirmation does not match that which the buyer finds as labeling upon handover, this is not to be seen as an aliud delivery. It is factually the same stone, so the different designation does not cause harm.

Samples and material properties: Samples are non-binding and only show the general appearance of the stone, hand samples and chippings can never combine all differences in color, pattern and structure. No liability is assumed for color differences, cloudiness, changes, spots, pores, streaks and other natural properties occurring in natural stone. Fillings and clamping are unavoidable with colored stones and are carried out professionally. The client must expect vicissitudes that occur with natural stone.

Natural stones and porcelain stoneware are exposed to a risk of breakage due to their fragile nature. Against this background, warranty rights are excluded for any breakage up to 2% of the respective goods delivery.

The quantities of joint material or adhesive estimated by us merely represent empirical values from practice. In rare cases, these estimates may not prove true, as an accurate assessment of the required quantities is only possible during the laying work. Adhesive/joint material ordered by the buyer but not subsequently required for proper performance cannot be taken back.

Dimensional deviations: The currently valid VOB, Part C: General Technical Specifications for Construction Work Natural Stone Work DIN 18332 applies to dimensional deviations.

The goods must be checked immediately by the buyer for material defects and transport damage upon receipt of the goods or, if the buyer collects the goods. Complaints about defects must be raised immediately. 3 days after receipt of the goods, any complaint about defects is excluded. Subsequent complaints will be rejected.

The buyer must provide an appropriate period for checking the complaint. If the complaint proves to be justified, we are liable for the defects to the exclusion of any further claims, regardless of the legal basis, as follows:

Liability for damages of any kind, regardless of the legal basis, in connection with the processing of the goods is excluded to the extent legally permissible.

Events of force majeure, strike, lockout, operational disruption, operational shutdown, difficulties with work at the production site due to weather or other influences entitle us to extend the delivery time by the duration of the events and a reasonable grace period or to withdraw from the contract in whole or in part for the unfulfilled part.

Complaints about defects do not entitle the buyer to withhold the purchase price or other claims.

Our goods are payable upon delivery or collection; in special cases, advance payment is required. Offsetting of counterclaims, unless they are undisputed or legally established, will not be recognized. We reserve the right to deliver against down payment or advance payment.

We reserve the right to accept bills of exchange and checks. They are always accepted only on account of payment. Discount charges and bill stamp duty are to be borne by the buyer and are due immediately. We assume no liability for timely presentation, protest, notification and consideration of bills of exchange in case of non-redemption.

In deviation from the provisions of §§ 366, 367 BGB and any instructions from the buyer, we are entitled to determine which claims are fulfilled by the buyer's payments.

Payment deadlines must be observed. In case of exceeding them, the buyer is in default without reminder. From the beginning of default, we are entitled, subject to the assertion of further claims for damages, to charge default interest of at least 4% above the discount rate of the German Federal Bank. The interest is due immediately.

If the buyer is wholly or partially in default with a payment, all existing claims against us become due immediately. We are entitled to demand securities or to carry out outstanding deliveries only against advance payment or provision of security.

Until full payment of the purchase price and until payment of all other liabilities of the buyer towards us, the delivered goods remain our property.

The buyer is entitled to dispose of the reserved goods in the ordinary course of business and in particular to resell them, as long as the seller's rights from the retention of title are preserved and the buyer is not in default of payment. The buyer is not entitled to other dispositions, in particular assignment, pledging or transfer of ownership by way of security.

In case of third-party access to goods delivered under retention of title, the buyer is obliged to notify us immediately with supporting documents and to point out the retention of title to the third party or the enforcement officer. The buyer is liable for all costs arising from this.

If the value of the securities existing for the seller exceeds the claims in total by more than 20%, the seller is obliged to release the security at his discretion upon the buyer's request.

Place of performance is 82335 Berg.

Place of jurisdiction is 82335 Berg.

Should one or more provisions of these conditions be or become wholly or partially invalid, this does not affect the validity of the remaining provisions. The invalid provision is rather to be interpreted, reinterpreted or supplemented in such a way that the economic purpose pursued with it is achieved, as far as legally permissible.

The headings preceding the individual paragraphs serve only for better overview and have no material significance, in particular not that of a conclusive regulation.