Unsere AGBs

§ 1 offers u. Cost estimates

1. Our deliveries of goods and services are carried out in accordance with the general conditions of sale posted in our business premises, unless otherwise regulated in special terms and conditions or unless there are written changes to these conditions of sale and delivery between the contracting parties. Without exception, no contract is made to terms and conditions of other contractual partners.

2. Our cost estimates are created to the best of our knowledge, we cannot guarantee the correctness of these cost estimates. Our cost estimates are generally chargeable, unless otherwise agreed.

3. If the cost estimate is unavoidable after the order has been placed, the customer will be informed immediately.

4. Offers as well as the plans, drawings, drafts and suggestions presented with them may neither be used nor made available to third parties or companies without our written approval. If the customer wishes to keep the plans, drawings and drafts, we are entitled to invoice them.

5. The contract is only considered concluded when we have expressly accepted a written, telephone or verbal order. However, this does not affect any binding to the offer until acceptance or the deadline set for acceptance.

§ 2 deliveries

1. Delivery takes place as agreed when the order was placed. Unless otherwise agreed, „delivery ex works“ applies.

2. We reserve the right to choose the type of dispatch unless a specific type of dispatch has been agreed

3. In the case of delivery to the construction site, approach routes that can be used with trucks and trailers and immediate unloading by the customer are assumed, otherwise the customer is liable for any damage and additional expenses.

4. Pallets will be invoiced and returned at cost price, although the buyer must ensure that they are returned.

5. Agreed delivery dates will be kept by us as far as possible, but are only approximate and can be exceeded by the seller by up to two months. In the event of such excesses, the buyer is neither entitled to withdraw from the contract nor to claim damages. We reserve the right to prior sale. Unless otherwise agreed, delivery is free domicile without unloading. The buyer is obliged to accept the delivered items on the advised date, including partial deliveries. Each partial delivery is to be regarded as an independent legal transaction, unless, in exceptional cases, it is a matter of things that are to be regarded as inseparable.

6. The delivery period begins only after all technical and commercial matters have been finally clarified and after all documents required for execution have been received. Our dates are subject to change.

7. In the event of force majeure, we are not bound by the agreed delivery and service deadlines.

8. We will inform the customer as soon as possible if the delivery deadline has been exceeded or if delivery is impossible.

§ 3 Withdrawal from the contract in the event of default in performance

1. The customer is only entitled to withdraw from the contract if he has previously set us a reasonable grace period in writing and at the same time threatened to withdraw.

2. If the customer’s withdrawal from the contract is nevertheless recognized by us, the customer has to pay a cancellation fee of 30% of the order amount to compensate for the technical and commercial effort.

3. When withdrawing from the contract, the customer is only entitled to compensation if we or our vicarious agents are guilty of willful intent or gross negligence.

4. If the customer does not accept the goods provided as agreed, we can either demand fulfillment or, after setting a deadline for acceptance, withdraw from the contract, in which case we are also entitled to a cancellation fee of 30% of the order total to compensate for the technical and commercial effort.

§ 4 Transfer of Risk

1. The risk of accidental loss or accidental deterioration is transferred to the customer when the goods are handed over to the carrier – even if the goods are delivered free to the destination.

2. Shipping is always at the risk of the buyer. We do not accept any liability for the timely arrival of the shipments. In the event of collection by the customer, the risk of accidental loss or damage is borne by the customer from the time the goods are made available.

§ 5 Execution and Warranty

1. The execution takes place in principle according to the guidelines of the relevant ÖNORM. The relevant ÖNORM is decisive for dimensions, processing, designation and billing.

2. Natural stone is subject to fluctuations in color and structure that cannot be influenced. The samples presented are therefore not completely binding for surfaces and can only show the type of material, but not all variants. A certain type of drawing, the presence of veins, quartz threads, inclusions, irregularities, etc., or the lack of such properties do not constitute grounds for complaint. For different types of marble, fillings etc. are required. These do not constitute grounds for complaint. Basically, it is pointed out that limestones are not acid-resistant (citric acid etc.)

3. Additional services are billed separately.

4. Electricity, water and storage space must be provided by the customer free of charge. The rooms must be completely free of rubble and other materials; Likewise, there may be no hindrances from other craftsmen. Locked-off areas may not be entered. Any removal of existing components, stairs, temporary arrangements or the like must be carried out on site or will be billed directly. After completion of the laying work, the safety-related condition must be restored on site.

5. The buyer undertakes to check the goods upon receipt for completeness, correctness and quality. Warranty complaints are only recognized if they are made within eight days of acceptance, but in any case prior to processing or installation of the delivered goods by the buyer in a letter of recommendation, otherwise all warranty claims expire. Obvious defects are to be stated in writing immediately upon acceptance and in detail according to type and scope. In the event of a defect, the seller is entitled to exchange defective goods within a reasonable period, whereby the right to cancel the contract or to reduce the price expires. Otherwise, however, the buyer is obliged to make a complaint, if the seller insists

6. In any case, any warranty claim expires if the purchase item has already been processed by the buyer himself or has been changed in whatever form.

7. We are not obliged to take back residual material. In the event of a return, we reserve the right to charge the manipulation fees.

§ 6 Declaration of Exemption

1. In any case, the seller’s liability for the negligence of his vicarious agents is excluded, unless there is intentional or grossly negligent behavior.

§ 7 written form

1. Discounts, deferrals and repayments granted by us, as well as other additions favoring our contractual partners, must be made in writing in order to be effective;

§ 8 prices and terms of payment

1. The prices are as agreed when the contract was concluded.

2. Billing is generally based on natural standards. Excess and short quantities compared to the order are taken into account accordingly. In the case of fixed price agreements, these differences must be taken into account in such a way that the percentage discount is also applied to the subsequent billing.

3. If raw material, energy or wage costs change between the conclusion of the contract and delivery and the occurrence of these cost increases does not depend on our will, these costs are borne by the customer.

4. Unless otherwise expressly agreed in writing, payments are due for payment immediately after receipt of the invoice without any deduction. The buyer agrees that payments received are initially used, regardless of any stated purpose, primarily to cover incidental costs that are generally due immediately (interest on arrears and bills of exchange, dunning, collection and other expenses, etc.). Remaining amounts are credited to the oldest accounts receivable for deliveries and services in accordance with §1416 ABGB. In addition, however, the seller is free to set off any other credit. If the payment deadline is exceeded (30 days after receipt of the invoice) we are entitled, without prejudice to further claims, To charge bank interest of 6% above the respective base rate of the Austrian National Bank. As a result, the buyer expressly undertakes to pay all expenses associated with the collection of a claim that is already due, such as dunning and collection fees, as well as the statutory legal fees for out-of-court reminders, so that the buyer is already under civil law in the event of a necessary legal action agrees to the assertion of these tariff-based costs and undertakes to pay them. In the event of default in payment by the buyer or the initiation of the reorganization process, etc., deadlines will be lost for all individual claims, and any agreed discounts, other discounts or remuneration are invalid. In this case, the seller is also entitled to offset credit notes against any claims. In this case we are also entitled to retroactively charge discounts granted earlier, especially since our calculations in the context of our business relationships are based on the timely fulfillment of all obligations by our contractual partners. Furthermore, the seller is entitled to immediately discontinue current and outstanding deliveries from transactions that have already been concluded or to be concluded in the event of default in payment, without the buyer being able to derive any legal consequences from this. Any discounts granted earlier, especially since our calculations in the context of our business relationships are based on the timely fulfillment of all obligations by our contractual partners. Furthermore, the seller is entitled to discontinue current and outstanding deliveries from already concluded or to be concluded transactions in the event of default in payment, without the buyer being able to derive any legal consequences from this. If necessary, reimbursement of discounts granted earlier, especially since our calculations in the context of our business relationships are based on the timely fulfillment of all obligations by our contractual partners. Furthermore, the seller is entitled to immediately discontinue current and outstanding deliveries from transactions that have already been concluded or to be concluded in the event of default in payment, without the buyer being able to derive any legal consequences from this.

5. We reserve the right to accept bills of exchange. It is only ever done on account of performance. Discount, collection charges and all other costs are borne by the customer and are to be paid immediately in cash.

§ 9 retention of title

1. Until the customer’s contractual obligations have been fulfilled in full, the goods remain our property and the customer is not entitled to pledge, hand over, sell or hand over the goods to third parties until payment has been made in full.

2. In the case of other compensation for damages, the buyer undertakes to notify us of this by means of a return receipt letter in the event that third parties assert or justify rights to the goods in our reserved property.

3. If the goods delivered by us are inseparably connected with other items through processing, etc., so that the agreed retention of title can no longer be enforced, the buyer hereby assigns us his claims against third parties, insofar as these arise through the resale or processing of our goods, to fulfill all of our claims against them to be on the safe side. If the goods subject to retention of title are combined or mixed with other items, we are also entitled to joint ownership of the new item in the ratio of the value of the goods subject to retention of title to the value of the other item at the time of combining or mixing. If the item created in this way is resold, the buyer assigns the aliquot purchase price from the resale within the meaning of the preceding provisions.

§ 10 miscellaneous

1. Our offers are generally non-binding. We are not obliged to take back sold goods or parts thereof or the packaging. A possible withdrawal requires our prior consent with retention of a deduction of 25% of the sales price. Custom-made products are generally not taken back.

2. We are allowed to correct mere spelling and calculation errors in our offers, order confirmations or invoices at any time.

3. These general terms and conditions apply even if not explicitly stated. They are considered recognized by the placing of the order. Changes to these conditions must be made in writing. Verbal or telephone agreements only become legally valid after approval and written confirmation from our management.

4. With the conclusion of the respective legal transaction, the customer, whether he is an entrepreneur in the sense of the UGB or a consumer in the sense of the KSchG, gives our company the express consent that we take photographs of the work that has been completed or partially completed by us and that we use these photographs for advertising purposes for our company are entitled to make copies of these of our trades on our homepage for third parties for advertising and promotional purposes.

§ 11 fulfillment and place of jurisdiction

1. The place of performance is the company’s headquarters in Graz.
2. The place of jurisdiction for all disputes arising from this contract is the competent court in Graz.
3. Austrian law applies exclusively, excluding the UN sales law