Terms and Conditions of Sale, Delivery and Payment

The foundation of a lasting and successful business relationship lies not in terms of delivery and payment, but in good cooperation, mutual trust and honesty. Nevertheless, we have no choice but to agree on certain points for all transactions with our customers which deviate from or supplement the statutory provisions.

1. GENERAL.

Our business relationships, from the initial contact through to final settlement, are governed exclusively by these terms and conditions, which are printed on the reverse of our price lists, letterheads, quotations, order confirmations and bills. Our customers’ terms and conditions of purchase, whether conflicting or not, are not recognised under any circumstances.

2. OFFERS AND PRICE.

Our quotations are subject to change until we issue our order confirmation and do not oblige us to accept an order. A contract is only concluded upon dispatch of our order confirmation. We reserve the right to correct any errors, including typographical and printing errors. The customer is bound by their orders for two weeks from the date we receive them.
The prices quoted are net, excluding VAT, packaging and transport costs, and are ex works, loaded onto a vehicle, unless expressly agreed otherwise. Any indication of transport costs is non-binding and is based solely on experience.
A price agreement shall become void if the customer subsequently amends the order or the execution documents.

3. DELIVERIES AND DELIVERY TIMES.

We fulfil our delivery obligation by handing over the goods sold to the carrier. Transport is therefore generally at the recipient’s risk and expense. If we arrange for transport, this is done exclusively on behalf of the customer. We are therefore not liable for any kind of damage incurred during transport.
The customer must accept any over- or under-deliveries of raw slabs or floor slabs of up to 5% of the quantity ordered.
The stated delivery time is non-binding unless a fixed date has been expressly agreed. However, stated delivery dates will be adhered to wherever possible. Exceeding the delivery deadline does not entitle the customer to withdraw from the contract; rather, we must be granted a grace period of at least 6 weeks for subsequent delivery. Claims for damages by the customer due to the delivery period being exceeded are excluded. Cases of force majeure are subject to specific assessment on a case-by-case basis.
Agreed delivery periods commence on the date the order confirmation is issued or, in the case of made-to-order work, upon receipt of all documents necessary for the unambiguous execution of the order in accordance with the contract.

5. SAMPLE AND QUALITIES.

Samples provide only a rough indication of colour and texture. Deviations in the execution of the order within the usual limits are permissible.
For larger orders, no guarantee is given as to the absolute uniformity of the material to be supplied. Natural characteristics of a material, such as open grains, discolouration, pores, inclusions, veins, fossils, marks, etc., do not constitute grounds for a complaint. In the case of coloured stone, expert grouting and reinforcement with fibreglass mesh and polyester do not constitute grounds for a complaint. Deviations in the thickness of the delivered material of up to ± 2 mm do not constitute grounds for a complaint.

5. COMPLAINTS.

Verbal complaints are generally invalid.
Written complaints must be received by us within 5 working days of the goods being received by the customer. In the event of justified complaints, we are primarily entitled to provide a replacement delivery. A reduction in the purchase price is only permissible if we refuse to provide a replacement delivery. Claims for damages, in particular those arising from non-performance or consequential damage resulting from defects, are generally excluded, unless we are found to have acted with intent or gross negligence. Likewise, claims for defects are excluded once the material has been further processed or installed.

6. PAYMENT.

Unless expressly agreed otherwise, our invoices are payable NET within 30 days of the invoice date. We grant a 2% discount for payment within 14 days of the invoice date. Any payment terms agreed otherwise shall, as a general rule, apply only to the order in question.
We are entitled to demand a change to the applicable terms of payment, up to and including payment in advance, if, following order confirmation, circumstances come to light which, compared with the information available at the time of order confirmation, give rise to doubts as to the customer’s ability and willingness to pay. In such cases, the customer is not entitled to cancel orders that have been placed.
In the event of late payment, we are entitled to charge interest on overdue payments at a rate of 5 percentage points above the statutory interest rate or any interest loss exceeding this amount.
Payment must be made in the currency in which the invoice is issued.
Payments by cheque or bill of exchange shall only be deemed to have been made once we are able to freely dispose of the funds on the value date. All payments must be made free of charges to us.
Set-off against claims arising from deliveries made is only permitted against counter-claims which have been recognised by us or have been legally established. The same applies to any right of retention.

7. OWNERSHIP RESERVATION.

The goods delivered shall remain our property until the purchase price and any other liabilities the customer may have towards us have been paid in full. If the delivered goods are combined with items owned by third parties, we shall acquire co-ownership of the new item thus created in the ratio of the invoice price of the goods subject to retention of title to that of the items with which they are combined, without the need for an express transfer of ownership.
The customer is obliged, for their part, to sell goods subject to our retention of title only on a conditional basis. The customer hereby assigns to us, by way of security, any claims arising against third parties from resale or any other legal basis, up to the amount of our outstanding claims at any given time. The customer is authorised to collect the assigned claims but may only demand payment from us. Otherwise, the customer must provide us with all information and documents necessary for the collection of the claims that have arisen. In the event of third-party claims to our goods subject to retention of title, the customer is obliged to disclose our retention of title immediately, regardless of the party concerned.
If the customer is in default of payment, we shall be entitled, without further notice, to take possession of our goods subject to retention of title and to remove them at the customer’s expense, without this constituting a withdrawal from the contract of sale.

8. JURISDICTION.

The place of jurisdiction for all disputes arising from the business relationship shall be Bolzano or, at our discretion, the customer’s registered office. It is agreed that German law shall apply.