1. General

Our offers and deliveries are made exclusively according to the terms and conditions listed below. Deviations can be acknowledged only upon preceeding and written agreement; then they are valid only for the arranged business. Counter confirmations or acceptance of one of our customer’s orders referring to their business terms resp. conditons of purchase are not acknowledged.

2. Quotations – orders

Our quotations – especially referring to delivery possibilities, delivery time and prices- are without engagement and do not obligate us to take acceptance of the order. Conclusions of a contract and other agreements will become binding only by our written confirmation. Any parol evidence and warranties of our employees require our written confirmation to become effective. Any documents we have handed over, as plannings, cost estimates and the like remain our property. They are strictly confidential and must neither be multiplied nor handed over to any third person or company without our preceeding written agreement. Failing the placement of order, the documents have to be returned completely upon request. The orders we obtain need our written confirmation to be bindingly accepted. This is true even for modifications and completion of orders.

3. Prices / Conditions of payment

The prices depend upon the respectively valid price list, plus the respective legal value-added tax. For invoicing is valid in principle the price valid on the day of delivery. Our prices are calculated ex works, including internal packing. If outside packing as cardboard, box or palette are necessary, these will be invoiced separately. Deducting discount on younger invoices is inadmissible as far as older due invoices are still unpaid. As receipt of payments is regarded the day when the vendor has the amount at his disposal. The delivery of the ordered goods can depend upon immediate payment according to our own discretion. Deliveries will be made against cash in advance. Bills are accepted only upon special agreement and without discount deduction. In case of payment with cheques, payment is considered as being effected only after cheque cashing. Bills are accepted only upon special agreement and without deduction of discount. When using bills and cheques, payment is regarded to be made only after encashment. Discount costs and collection costs are to be paid by the buyer. If the day of payment is being exceeded, we are entitled to invoice interests to the extent of the bank rates in question for overdraft facilities, but at least interest to the extent of 8% above the corresponding discount rate of the Federal Reserve Bank, plus value-added tax respectively. The enforcement of a further damage caused by delayed performance remains reserved.The redemption of delivered, but not defective goods is made only with our axpress agreement. We reserve the right to effect a deduction of 30% of the amount to reimburse for arising admnistrative costs. Any possible returns will have to be done by the purchaser for his own account and risk.

4. Delivery time / Delayed delivery

Delivery times can be indicated only approximately and not binding. They only start on the day of the complete clarification of the order in question due to our confirmation. Delays in delivery can never be excluded because of the well-known circumstances of the ceramic production. We are entitled to partial shipment and customary increased or decreased performance of the concluded quantity.

We are not responsible for delays in delivery and performance due to the superior force and to events that may considerably impede or make impossible the delivery, that means even subsequent difficulties concerning material purchasing , interruptions, faulty burning, trade disputes, shortage of personnel, lack of transportability, administrative orders or else, even if occuring at our contractors or their subcontractors. They entitle us to delay the delivery by the duration of the impediment, plus an adequate initial period, or to terminate the contract totally or partly because of the not yet fulfilled part. The purchaser can only demand our explanation if we want to terminate the contract or to deliver within an adequate period. Compensation claims of the purchaser are excluded. We furthermore are able to terminate totally or partly the contract in case of incorrect self-delivery or not on schedule by our subcontactors, without enabling the purchaser to have any compensation claims towards ourselves. If the delivery is being delayed due to our fault, the purchaser has to concede us a new adequate delivery period.

5. Dispatch and acceptance

Delivery is made via dispatch or acceptance ex works. The dispatch will take place upon order and risk and invoice of the purchser. This is valid, too, for any agreed delivery free of freight.We are authorized to conclude the transactions necessary for shipment, with the forwarding agent resp. carrier in the purchaser’s name. Return fees have to be paid by the purchaser. If the purchser accepts the goods, the risk passes onto the purchaser at the moment of acceptance. Upon the purchaser’s request, a transport insurance to his debit will be obtained.

6. Guarantee

The customer is obliged to check the delivered goods immediately for visible defects. Acc. to §377 HGB, notices of defect have to be declared in writing immediately after check, but within 14 days upon delivery at the latest. The notice of defect is inadmissible, if the goods are no longer at the same place and in delivery condition. Excluded from the guarantee are defects arising through transport or careless handlingof the receiver. Deviations in measues, contents, weights and shades of colour due to fabrication and which are still within the existing admissible or commercial usual tolerances acc. to the existing (ADO guidelines) standards, exclude the enforcement of any warranty claims. Crazing in the glaze is founded in the pecularity of the ceramic natural material and in the way of burning and is no reason for complaint. Furthermore excluded is the guarantee for an absolute uniform flow of colour or for an accordance with additional deliveries resp. possibly submitted hand specimen. We do not guarantee for any special designs. These have to be accepted and paid according to fabrication. If there is an order for higher quantities of special design, the delivery can be exceeded or remain below by an adequate number of units (stove production).

Compensation claims of all kind to our address are excluded as far as we have not caused the defect deliberately or grossly negligent.

7. Retention of title

We have full property in all delivered goods until the purchaser has completely paid all claims from the business relations, especially a possible fitted account. As far as the purchaser sells the goods in due course of business, he assigns even now the claims resulting from the resale to ourselves.We are herewith accepting this assignment. The purchaser does always form and process for us the goods subject to retention of title. Processing with other material we do not own by the customer is made in a way that we become coproprietor on the new object in proportion of the value of the goods reserved to the other processed materials at time of processing. The purchaser is not entitled , without our consent, to put in pawn the goods subject to retention of title or to place these goods in escrow. In case of attachments, seizure or other dispositions of third parties, our purchaser is obliged to emphasize our property to the third party and to inform us without delay. In case of delay in payment, considerable deterioration of the purchaser’s pecuniary circumstances, decree of legal or non-legal insolvency or insolvency proceedings concerning the purchaser’s property, we are entitled to terminate the contract resp. to demand return of the object. This is valid when, after delivery, we have justified doubts concerning the insolvency or solvency.

8. Place of performance – Jurisdiction – Partial invalidity

Place of performance for all obligations resulting from the contract is Tirschenreuth. The relations between both contracting partners are subject only to the law of the Federal Republic of Germany.

The possible legal invalidity of some clauses of these terms of sale and delivery of the delivery transaction does not affect the binding force of the other clauses and the conslusion on the whole. Some ineffective clauses are to be replaced with consent by effective readjustments getting nearest to the commercial purpose pursued by the invalid clauses.