1. general
The following conditions concerning our deliveries and services are part of the individual contracts to be concluded. Deviating agreements and business relations are only binding if they are confirmed in writing by the seller.

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2. offers
Offers are subject to change. The offers are made on the basis of the calculation documents provided - drawings, dimensions, etc. - and are subject to change without notice. If the calculation documents or their prerequisites change, the prices offered shall also change. We shall adhere to the prices offered and the delivery periods stated in the offer up to 14 days after submission of the offer. Furthermore, the provisions of the VOB (German Construction Contract Procedures) valid at the time of the conclusion of the contract shall apply to the acceptance, execution and invoicing of orders.

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3. prices
Prices are determined on the basis of final and complete documents, drawings and dimensional data. If changes to the basis of the offer are desired or necessary at a later date, or if necessary dimensions, quantity or weight change, we reserve the right to change the price accordingly. The individual prices are always decisive, even if a total price is stated in the offer.

Transport costs will be determined and communicated to the buyer when the shipping weight has been finally determined. For orders of more than 100 square meters, the transport costs are 100 €.

Our prices do not include the legal sales tax. Packaging and transport costs will be charged separately. Packaging material will not be taken back.

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4. shipment
Basically, loaded is considered as taken over. Shipment shall in any case be at the risk of the recipient, even in the case of freight paid delivery. If dispatch is delayed at the request of the Purchaser, the costs incurred by storage shall be charged to the Purchaser, commencing one month after notification of readiness for dispatch. The Supplier shall, however, be entitled to dispose otherwise of the delivery item after setting and fruitless expiry of a reasonable period and to supply the Purchaser within a reasonably extended period.

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5. assumption of risk and acceptance
The risk shall pass to the Purchaser at the latest upon dispatch of the delivery items, even if partial deliveries are made or the Supplier has assumed other services, e.g. shipping costs or delivery and installation.

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6 Warranty and liability
Objections to the correctness and quality of the delivery must be made immediately upon receipt of the delivery, unless the defects are hidden. In case of transport damages, these must be reported immediately to the carrier and to our company.

All complaints must be made in writing. The right to complain expires in case of further processing or installation.

If we deliver our goods to the customer ourselves and process them into the finished mosaic including floor preparation, we are liable for all consequential damages that should occur during processing.

If our forwarding agency only delivers the goods, we do not assume any liability for further processing.

If we only lay our goods at the customer's site and the floor preparation is done by the customer, we do not assume any liability for the stock of the material, as we are not able to check the condition of the floor.

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7. Shipping

If the delivery item is defective or lacks warranted characteristics or becomes defective within the warranty period due to manufacturing or material defects, the seller may freely choose between replacement delivery and rectification. Multiple rectifications are permissible. Further warranty claims of the buyer are excluded, in particular the seller does not assume any liability for consequential damages of the buyer. In the event of failure of the rectification or replacement delivery within a reasonable period of time, the Buyer shall be entitled to rescission or reduction of the purchase price. The claim for damages due to non-performance is excluded. The warranty period is 6 months.

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8. patterns, colors, material properties
Natural stones cannot be supplied uniformly in color, thickness and processing. Therefore, a guarantee for perfect match of sample and goods can not be accepted. Small deviations and so-called blemishes, which are in the nature of the stone, as well as minor dimensional deviations, which do not interfere with exact fitting and a correct relationship, remain reserved. Professional puttying, taking apart of loose veins or stitches and their reassembly are not only unavoidable but also an essential requirement of the processing. They do not entitle to complaints or notices of defects in any case. As far as thickness is concerned, a tolerance of + or - 3 mm shall be allowed to the specified dimension. Quartz veins, pores, inclusions, color variations and stains are natural properties of natural stone and do not constitute grounds for complaint.

 

10. payments
In principle, firm agreements on the method of payment are to be made prior to delivery. If nothing has been agreed in individual contracts, payments are to be made within 8 days of invoicing without deduction. In the event that the payment deadline is exceeded, the usual bank interest rates may be charged.

In case of need, down payments and also payments on account can be charged. For deliveries of goods exceeding 100 square meters and for any custom-made product, 50% of the value of the goods must be paid in advance. The remaining payment has to be made upon delivery.

In the event of payment difficulties on the part of the Buyer, in particular also in the event of payment arrears or check protest, the Seller shall be entitled to make further deliveries only against advance payment, to demand immediate payment of all outstanding - including deferred - invoice amounts and to demand cash payment or the provision of security. Invoices of the Seller shall be deemed accepted if not objected to in writing within 8 days of the invoice date.

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11. reservation of proprietary rights
All deliveries remain the property of the supplier until receipt of payment or cashing of checks or bills of exchange given. The Purchaser undertakes to notify the Supplier without delay of any seizure of the goods or other access to the goods by third parties. If the Supplier suffers damage as a result of failure to notify the Supplier, the Purchaser shall be liable for such damage. If goods delivered by us or services rendered by us become part of a building owned by a third party, the customer (client) shall assign to us, without the need for a special declaration of assignment, the statutory claims arising from the resale or processing or combination of the goods in the amount of our claims.

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12. copyrights
Our drawings, samples, advertising prints as well as the calculation documents produced by us may neither be copied nor made accessible to third parties.

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13. place of jurisdiction and place of performance
The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the registered office of the supplier, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

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14. severability clause
The ineffectiveness of one of the above conditions does not affect the validity of the remaining conditions. Terms of delivery and sale of the company AGAT GmbH.