Terms and conditions
Offers, sales and deliveries are only made in accordance with our terms and conditions. By placing an order or accepting the service, you acknowledge and accept these terms. Our transactions are based on the customer´s provided specifications and we assume their accuracy and completeness. If the purchaser is acting on behalf of another party, they are liable without regard to fault for the conclusion and execution of the order.
01 Offers/ Order Confirmations/Prices
1.1. Prices include VAT from the warehouse in Graz.
1.2. The customer is liable for including all information required by the relevant technical standards in tenders and when seeking quotations.
1.3. Unless otherwise agreed, offers are valid for two months.
1.4. The delivery time of an order begins upon receipt of payment.
1.5. Product samples are typically cut to a specific format by us and do not match the available formats.
02 Orders
2.1. All products are delivered and invoiced in full packaging units.
2.2. Order cancellations are only accepted within a two-week period.
2.3. The smallest possible order quantity is always equivalent to one packaging unit of the respective product.
03 Shipment
3.1. Once product availability is confirmed, the customer must collect the goods from our warehouse in Graz or request delivery within 6 weeks. Unless otherwise agreed in writing at the time of the purchase contract, full invoicing of the goods will apply. Additionally, after 6 weeks from written notification, €100 excluding VAT, per palette, per month, will be charged for warehousing costs.
3.2. Packaging materials and pallets will be charged, must be paid for and are non-returnable.
3.3. In cases where our staff loads customer or their assistants´ vehicles, it is done solely at the customer´s direction and is entirely at their own risk. The customer is entirely responsible for the correct loading and securing of the cargo and they agree to indemnify us fully against any potential claims by third parties.
3.4. For shipments outside the EU, additional costs such as taxes and customs duties may apply.
04 Delivery
4.1. For desired delivery, we charge a portion of the shipping costs. The possibility and permission for heavy truck access are assumed. If unloading by us is agreed upon, this entails placing the goods directly next to the truck. Unless otherwise agreed in writing, we deliver to the curb. Availability of a tailgate and pallet jack for unloading is required. In cases of delivery attempts where unloading is not feasible, such as due to limited heavy truck accessibility or lack of goods acceptance, we will bill for the total incurred costs. Delays are the responsibility of the recipient.
05 Tolerance
5.1. The quantity information in quotations is provided as an estimate and is not guaranteed. The customer is responsible for verifying quantities, including those determined by us.
5.2. In tile production, inherent variations in colour, texture, and size occur and are indicated by batch designations. Such variations in colour and size do not constitute defects and are not grounds for complaints when they deviate from samples. If a delivery consists of materials from different production batches, the customer will be informed in advance. Slight colour variations within the same batch are common in the industry and therefore acceptable. Different formats of step plates, baseboards, and floor tiles are produced in separate production facilities, making colour variations inevitable.
5.3. For tiles, the invoiced quantity also includes the standard grout spacing when in the installed condition.
5.4. In different colours, series, and formats, tiles may have varying colour nuances, calibres, and sizes.
06 Warranty and Liability
6.1. For frost-resistant goods, we guarantee frost resistance in accordance with the Ö-Norm standards in effect at the time of delivery.
6.2. Claims must be reported in writing within one week after the acceptance of the goods. Claims made after this period will not be recognized.
6.3. The goods must be inspected for completeness and accuracy before installation. No claims will be accepted for installed goods.
6.4. We do not accept liability for advice given during the sale regarding the selection of the right materials and installation methods. Accuracy must be verified by a legally licenced installation company.
6.5. Cleaning, maintenance and care of ceramic surface coverings must be carried out in accordance with the recommendation of the Austrian Tile Association which can be found at https://www.fliesenverband.at/downloads/endkundenhinwese EKH 2 – Cleaning and Care.
6.6. We refer to all the end-user guidelines provided by the Austrian Tile Association, which can be accessed at https://www.fliesenverband.at/downloads/endkundenhinwese
6.7. We do not provide any warranty for professionals recommended by us.
07 Performance and Transfer of Risk
7.1. Upon delivery or at the moment of delivery, usage, and risk are assumed by the buyer or their authorized agent.
7.2. We bear no responsibility for the integrity and completeness of the delivery in cases of delivery to an unattended construction site.
08 Exchange and Return of Goods
8.1. The goods ordered from us are not accepted for return.
09 Payment
9.1. Our invoices are due for payment within the deadline specified on the invoice.
9.2. A fee of €10 plus VAT is charged for reminders. The customer is responsible for any judicial or extrajudicial costs incurred in pursuing or collecting our claims, such as the costs of a debt collection agency or legal reminders.
9.3. The customers right to withhold their performance until the completion or assurance of the counterpart performance is precluded, unless we fail to provide our service as per the contract, or the delivery of our service is at risk due to adverse financial conditions.
9.4. In case of non-compliance with our payment terms, as well as justifiable concerns regarding the buyer´s solvency, we reserve the right to withhold pending deliveries and services, demand advance payments or security, or withdraw from the contract without setting a grace period.
9.5. Credit notes and vouchers cannot be redeemed for cash.
10 Retention of Title
10.1. The delivered goods shall remain our property until full payment of all our claims arising from the delivery, including interest and incidental expenses.
10.2. Deliveries made for a specific construction project, even if ordered, delivered and invoiced in stages are considered a single order. In case of payment default or justifiable concern regarding the buyer´s solvency, we are authorized to repossess the goods under retention of title, without thereby withdrawing from the contract.
10.3. For all returns of goods, we will charge reasonable transportation and handling costs.
11 Delivery Location / Place of Perfomance
11.1. Delivery Location/Place of Performance is Graz.
12 Additional Contractual Terms
12.1. The customer provides consent for the automated storage, processing, and transmission of their data, as well as the data of their contact persons. Orders placed with us, including those based on our quotations, are only binding on us when we confirm them in writing or fulfil them through actual delivery.
12.2. Special features or characteristics required for the intended use are considered as promised only when agreed upon in writing. Technical information exceeding the manufacturer’s specifications requires written confirmation. Data in documents, advertisements, brochures, and manufacturer’s catalogues are only binding when confirmed by us.
12.3. Stated delivery dates are non-binding. If, in exceptional cases, a delivery time explicitly designated as binding is exceeded, we are liable only for our own fault due to the uncertainty of global supply chains, not for the fault of our suppliers or carriers.”
12.4. A warranty period of 6 months is agreed upon. The burden of proof that a defect existed at the time of delivery rests with the customer in all cases. Prerequisites for warranty claims include an immediate inspection of the goods and a written notice of defects. In the case of externally visible defects, this notice should be made immediately on the delivery or freight receipt. Otherwise, it should be made within 7 days but, in any case, before the commencement of installation, to avoid the loss of any warranty or compensation claim. In the event of a complaint, the buyer is obliged to accept the goods first and store them properly. For warranty claims, we have the option to provide repair, replacement of the goods, or a price reduction. After the warranty period expires, the purchaser no longer has the right to assert a defect as a defense.
12.5. The customer may set off counterclaims only if they have been acknowledged by us or established by a court. The customer may not withhold their performance under any circumstances.
12.6. Written form is specifically agreed upon for contract amendments or additions. The applicability of the customer´s general terms and conditions is explicitly excluded.
12.7. Written communication is exclusively achieved via email.
12.8. For any disputes arising from this contractual relationship, the jurisdiction of the court competent for Vienna is agreed upon.
Status, September 2022
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