General Terms and Conditions of Sale and Payment

We provide our services of sale and delivery exclusively in accordance with these general conditions.
Our general conditions shall also apply to future transactions, even if this is not explicitly indicated.

In the following we will refer to both purchasers and persons who have placed an order as "purchasers".

§ 1 Contracts

Our offers, including price offers, are non-binding and subject to possible changes.

The contract comes into effect the moment the order is acknowledged in writing. Only these written indications are binding for the contract.

We reserve the right to withdraw from the contract if we come to know any facts that call into question the purchaser´s ability to adhere to the deadlines of payment.
We are not obliged to inform the purchaser about the source of this information.

Side agreements, changes and additions referring to the placed orders, these general conditions or the signed contracts require a written confirmation.

Any agreements made with our representatives are valid as long as we have confirmed them in writing.

§ 2 Prices

All prices include the valued added tax in accordance with the law, for both principal demands and accessory claims.

Unless agreed otherwise, all prices are ex works.

§ 3 Deliveries

Partial deliveries are allowed. If we are hindered in fulfilling the period stipulated for delivery due to justifiable circumstances, the purchaser is only entitled to withdraw from the contract after a final deadline of four weeks has effectlessly elapsed. These four weeks begin with the day the deadline has been established in writing.

Other charges or rights, especially claims for indemnity because of non-compliance of delivery periods or possible cancellations of delivery, no matter on which legal basis are excluded, if this is in accordance with the law.

If freight pickup by the purchaser is agreed, the delivery is considered as fulfilled once the goods are ready for collection.

§ 4 Transfer of risk

The delivery runs at the purchaser´s risk and expense. This shall also apply if carriage paid delivery is agreed.

The moment the goods are loaded unto the truck or are left at the railway station of dispatch, the risk shall transfer to the purchaser. If we transport the goods, the risk transfers to the purchaser the moment the delivering truck reaches the point of destination. If freight pickup by the purchaser is agreed, the risk shall transfer to the purchaser the moment the goods are handed over.

§ 5 Warranty, Liability

Samples and the quality of the material: Samples are non-binding and only show the general aspect of the stone. Handsheets and examples can never show all different colours, patterns and structures. We assume no liability for differences of colour, blurs, alterations, spots, pores, lines and other changes, which usually are to be found in natural stones. When using coloured stones, grouting is unavoidable and will be accomplished professionally. The person that places the order must reckon with the changes that are normal in natural stones.

Deviations: Deviations come within the provisions of the current German regulations for construction: VOB, Teil C: Allgemeine Technische Vorschriften für Bauleistung - Natursteinarbeiten - DIN 18332.

The purchaser has to inspect the delivered goods immediately after delivery, or before leaving when he collects them, in order to detect possible defects of material or damages in transit. Notices of defects are to be brought forward immediately. Eight days after the date of delivery the right to bring forward any notices of defects expires. Subsequent claims will be rejected.

The purchaser has to permit us an appropriate period of time in order to verify the notice of defects. If it proves to be justifiable, we are liable for the defects as described in the following, excluding any other demands, no matter on which legal basis:

1) We are free to choose whether we will touch up the goods or deliver new goods of the same category and quality. The purchaser has to permit us an appropriate period of time for the touching up or the compensation delivery.

2) If the touching up of the goods or a compensation delivery should not be possible, we reserve the right to repay the purchase price or to cancel the sales contract. We can only grant reductions of prices for the part of the raw material that has not been used. Further compensations for damages because of non-fulfilment are excluded, if in accordance with the law.

We are not liable for any kind of damages occurring during the process of production, as far as this is in accordance with the law.

If we are hindered in fulfilling a contract at the correct time due to an Act of God, strike, lock-outs, close-down or difficulties in the production due to the weather or other influences, we are permitted to extend the delivery period accordingly or to withdraw from the contract partially or totally.

Complaints do not entitle the purchaser to retain the purchase price or other liabilities.

§ 6 Terms of payment

Unless agreed otherwise, our invoices are payable net immediately after their date. The offset of counterclaims will not be accepted, except in the case that they have been legally established or are undoubted.
We reserve the right to deliver versus down payment or advance payment.

We reserve the right to accept bills of exchange and cheques in payment. The purchaser has to bear the discount charges and taxes on the bill of exchange, which are payable immediately. In the case of non-payment of a bill, we are not liable for the timely presentation, protest, notification and consideration of the bill.

At variance with the regulations of the German Civil Code (BGB), §§ 366, 367 and eventual instructions of the purchaser, we are entitled to decide which claims are covered by the purchaser´s payment.

The payment deadline has to be respected. If the purchaser does not respect the deadline, he falls into arrears without any necessity of overdue notice. From the first day of arrears on we are entitled, with reservations concerning the raising of claims, to charge default interests at a rate of at least 4 % above the central bank discount rate.The interests are payable immediately.

If the purchaser is partially or totally in arrear with a payment, we are entitled to require sureties for all pending claims towards us and realize pending deliveries only versus advance payment or sureties.

§ 7 Retention of title

The goods delivered remain our property until complete payment of the purchase price and all other liabilities towards us.

The purchaser is permitted to dispose of the delivered goods within the framework of ordinary business and to resell them, as long as our rights of retention of title are granted and the purchaser is not in arrears with payment. The purchaser is not permitted to make the goods available to others, especially for assignment, security and pawning.

The purchaser is obligated to inform us immediately if a third party has access to the delivered goods, enclosing written evidence. He has to inform the third party respectively the executory officer about the retention of title. The resulting costs are for the account of the purchaser.

If the total amount of the sureties surpasses the claims by more than 20%, as vendors we are obligated to free a part of the sureties of his choice, when requested so by the purchaser.

§ 8 Place of performance and place of jurisdiction

Place of performance is Kamen, Northrhine-Westfalia.

The exclusive place of jurisdiction is Hamm.

§ 9 Severability

Should any provisions of these General Conditions become invalid or ineffective, the remaining provisions hereof shall be valid. The ineffective condition is to be interpreted, completed or amended in order to achieve its economic purpose, always in accordance with the law.

The titles of the preceding paragraphs are meant to structure the text, but do not have any other purpose, especially not the character of a binding regulation.