Terms and Conditions

Rost Holzmosaike GmbH, Im Eisengarten 1, 56290 Macken, Germany

GENERAL

Our terms of trade are valid exclusively. Different conditions of the buyer require our written agreement.

 

1) LEGAL CHOICE

The German law is final for all contracts.

 

2) TAKING ACCEPTANCE OF AN ORDER

A contract is achieved with our written confirmation.

All our offers are without obligation until this written confirmation is received.

 

3) DEFAULT

The agreed delivery period is extended for the time of the extension, if our services have been delayed by superior force or unembarrassed inability of our or our supplier’s side.

In addition comes the default -with the availability of the necessary statutory preconditions-, if the time of delivery has been exceeded by two weeks. According to §326 BGB a period of grace has to be at least two weeks.

 

4) GUARANTEE

4.1) Complaints with regard to obvious shortcomings have to be made to us in written form within two weeks after delivery of the goods. The goods are approved, if the buyer does not raise objections.

4.2) If justified customer complaints, we have the choice to mend the defective goods or to deliver a replacement delivery against withdrawal of the claimed goods.

The buyer has the right to choose a corresponding price deduction or rescind the contract, if a repair or replacement delivery is impossible.

Further claims, especially compensation claims, exist only according to digit 4.5.

4.3) Irrelevant, reasonable deviations in dimensions and performances do not represent a deficit in so far as they are in the nature of the used materials.

4.4) The buyer has to take care of the goods condition during the processing. Provided that nothing else has been agreed, we do not guarantee our goods compatibility with other materials and devices which are used by the buyer for the processing. All impairments of our goods which are caused by the processing in the buyer’s spheres, are in the buyer’s responsibilities.

4.5) Compensation claims because of defaults or impossibility have a liability in the field of ordinary negligence of a maximum limit of € 3,000.00 and nonliability for furthest damages.

All other compensation claims, exclusive such with missing warranted qualities, have a liability on intention and gross negligence.

 

5) PRICING METHOD

Our stated prices are exclusive of VAT, packing and dispatch.

 

6) TERMS OF PAYMENT

6.1)  The buyer shall pay within 30 days from date of invoice. Payment within 14 days less 2% cash discount.

6.2) An advanced payment of 30% of the value of the ordered goods has to be made for exclusive production.

6.3) In delayed payments we have the right to charge accumulated interest of 2% over the respective discount of the German Federal Reserve Bank from the date of default.

6.4) An indemnification of € 10.00 has to be paid for each reminder.

6.5) The buyer’s cost with other than disputed or nonappealable ascertained claims is inadmissible.

 

7) SPECIAL PAYMENT CONDITIONS FOR FOREIGN DELIVERIES

Different to 6.1 are the goods only shipped abroad after prepayment.

 

8) AGREED DAMAGES

If the buyer cancels the contract before the order processing due to unwarrantable reasons, we are allowed to demand 5% of the contract amount as indemnification.

 

9) TRANSPORT

The buyer is liable for all damages and deterioration after handling over the goods to the carrier.

 

10) TITLE RETENTION

The delivered goods are our property until they have been completely paid.

 

11) COPYRIGHT

Our products, designs and catalogues are reserved to the right of property and property right. Without our agreement they shall not be reproduced, distributed or utilized in any other way.

 

12) INTROMISSION

In case of the buyer’s default in an exclusive production, we are allowed to an intromission of the goods. Possible proprietary rights of the buyer are transfered to us.

 

13) LOCATION OF DEBTS / JURISDICTION

is 56290 Macken / Germany. For contracts with general merchants is Koblenz as jurisdiction agreed.