The following Terms shall apply for all sales and deliveries:

1.        For financing purposes, the seller shall be entitled to assign his claims ensuing from deliveries and services.

2.        The purchaser’s general business terms and particularly his terms of purchasing, delivery and payment shall be invalid should they conflict with the terms of business, payment and delivery of the seller. Should our order be confirmed by the purchaser stipulating terms different to ours, only our terms of purchasing, delivery and payment shall apply regardless of whether we contradict the purchaser’s terms Deviations shall only apply should they be expressly confirmed by us in writing.

3.        The purchaser shall only be entitled to set off undisputed or legally determined claims. Should the purchaser be a registered merchant, no right of retention shall apply for the purchase price.

4.        Payments for deliveries shall be due within 30 days of the date of the invoice. Upon payment within 8 days of the date of the invoice, the seller shall grant 2 % cash discount on the invoice value. Should payment be overdue, 10,00 € shall be charged for each collections letter; this shall not apply to the first collection letter. Should the purchaser default, interest shall be charged corresponding to the normal bank interest on debit balances, at least 3 % above the Bundesbank discount rate however.

Should the purchaser provide incorrect or incomplete details which concern facts involving his creditworthiness, the seller shall be entitled to withdraw from the contract. Furthermore, without prejudice to his other rights, the seller shall be able to announce the maturity of all his claims ensuing from the business relationship without delay.

5.        Should the purchaser fail to accept the goods or to honour the contract in any other way, the seller shall be able to demand a lump compensation sum of 30 % of the order value having to justify this in each individual case.

6.        All the prices are ex works. The goods shall be transported at the purchaser’s own risk and transport insurance shall only be taken out in the purchaser’s express wishes and at his expense. Packing shall be provided at cost price and may not be returned.

7.        The goods shall be accepted at our works, otherwise, subsequent to loading, the goods shall be regarded as having been delivered and accepted in keeping with the terms of the contract.

8.        Should written statements not be contradicted by the other party within four days, the contents of the statement shall be considered agreed and shall be authoritative for both parties.

9.        It is hereby fully guaranteed that the goods shall be perfectly dry when dispatched, We cannot be made liable should they absorb moisture in damp rooms or should the fitted flooring rise as a result of trapped moisture.

10.     Samples illustrate the average properties of the goods. They shall not guarantee that each individual item corresponds to the sample.

11.     Complaints shall only be acknowledged should they be made in writing and the appropriate documents furnished within 8 days of the receipt of the goods (or immediately after the discovery of hidden defects), otherwise the consignment and assortment shall be regarded as accepted. No complaints shall be acknowledged should the goods have been processed or worked. Previous to processing or working the goods, the person concerned should satisfy himself that the goods give no reason for complaint.

12.     The sold goods shall remain our property until payment has been remitted in full or until any bills of exchange or cheques have been honoured in full or for the claims ensuing form the business relationship with the purchaser. The purchaser shall be entitled to dispose of the purchased goods in the ordinary course of business. Should the goods be resold by the purchaser before payment has been made in full, he hereby undertakes to assign to the seller the claims thus ensuing on third parties corresponding to the value of the conditionally sold goods. Should the value of the securities, exceed our claims by more than 20 %, we shall release securities of our choice at the purchaser’s request.

13.     All previous price agreements shall be rendered invalid by this price list. We hereby reserve the right to change prices and measurements.

14.     The place of fulfillment shall be the respective place of dispatch for consignments and Bamberg for payments. Should the purchaser be a registered merchant, the place of jurisdiction shall be Bamberg or, at our request, his general place of jurisdiction for any discrepancies ensuing either directly or indirectly from the contract.

15.     German law shall apply for the contractual relations and the interpretation of the wording of these terms (whereby the German version shall be binding). Any discrepancies which may arise between the parties to the contract shall be settled in accordance with German law.

16.     Should any of these terms of this contract be or become null and void or should there be an omission in the contract, the validity of the remainder of the contract shall not be affected. In such a case, the statutory regulation or a supplementary contract interpretation shall replace the invalid or missing term.