General Terms and Conditions

1

Payment Terms

2

Delivery

The initial order value for new customers is a net goods value of € 400,-.

Existing customers will be supplied without limitation. Prices are net, plus VAT and shipping costs.

Freight costs are charged as follows:

Charges for island shipments will be invoiced based on actual costs incurred.

We charge a flat fee of € 38,- per shipment for export customs clearance.

Please note that deliveries not free domicile of stone goods, fiber cement articles, and large ceramics will be invoiced based on actual shipping costs incurred.

Delivery on a fixed date incurs an additional charge, available upon request.

3

All delivery dates are approximate. In case of delays not due to gross negligence on our part, we reserve the right to reasonably extend the delivery time or partially or completely withdraw from the contract. Claims for replacement of any kind by the buyer are excluded. Partial deliveries are permissible.

If deterioration in the financial circumstances of the buyer becomes known after contract conclusion, all existing claims become due and we may demand advance payment in place of the agreed payment terms.

In case of exceeding payment deadlines, we are entitled to the following rights without requiring explicit default notice:

– immediately withdraw from all contracts or claim damages for non-performance
– enforce our retention of title, take possession of delivered goods, and declare all outstanding payments due
– charge default interest at the rate we must pay for bank loans
– claim additional damages for delay

4

The delivered goods remain our property until full satisfaction of all claims against the purchaser. This also applies in the case of granting a balance acknowledgment. Reserved ownership serves as security for the balance.

Instead of our owned goods, if these are sold, the claim against the third-party buyer, which is already assigned to us up to the amount of our total claim, replaces it. The customer is obliged to promptly notify us in writing of any infringements of our rights by third parties. In case of seizure, the customer must immediately send us a copy of the seizure protocol and an affidavit confirming the continuation of our claims and our retention of title to the seized items. Intervention costs are borne by the customer. The customer is obliged to inform its buyers of our retention of title and to impose it.

5

We deliver flawless quality. Returns can be made by agreement and will be replaced or credited at our discretion, excluding any further liability, if:

– a written complaint of defects is received by us within 14 days of receipt of the goods and
– defects existed at the time of risk transfer.

All other claims of any kind, particularly for consequential damages and those against the manufacturer, as well as those from the buyer's general terms and conditions, are excluded. The goods must be returned in the original packaging and in their original condition. Marked goods cannot be credited. In case of withdrawal from the purchase, return costs will be charged.

6

The place of performance and jurisdiction is Kempten/Allgäu, if the customer is a merchant. This also applies to check and bill of exchange disputes. The law of the Federal Republic of Germany applies, expressly for claims made through the dunning procedure, Kempten/Allgäu is agreed upon as the agreed jurisdiction.

7

The total or partial invalidity of the above conditions does not affect the remainder of the concluded contracts.

8

Any purchasing conditions attached to an inquiry are not applicable. Special conditions different from our general terms of business that conflict with our general terms of business are valid only if expressly accepted in writing. By signing our order form, acceptance of our terms of business is expressed.