1. subject matter and scope of application
1.1 These General Terms and Conditions of Business and Delivery (hereinafter referred to as "GTC") form the basis for all deliveries and services between SCHUBERT STONE GmbH, FN 119314m, (hereinafter referred to as "Contractor") and the customer (hereinafter referred to as "Customer").
1.2 Deviations from these GTC may only be made in writing. Verbal collateral agreements shall not apply. Any GTC of the Client shall only become part of the contract if this has been expressly confirmed in writing by the Contractor (no implied application), and only insofar as they do not contradict these GTC. In the event of a contradiction, the Client declares that the present GTC shall take precedence.
2. prizes
2.1 The prices quoted are non-binding and, unless otherwise stated, are gross prices in euros ex our external warehouse at INTERNATIONALE SPEDITION SCHNECKENREITHER Gesellschaft m.b.H. in A-2355 Wiener Neudorf, Industriezentrum NÖ-Süd, Straße 13, Objekt 46.
2.2 However, the prices may increase or decrease in the same proportion as the wages and material costs of the Contractor or the prices of its suppliers have increased or decreased between conclusion of the contract and delivery. The same applies analogously with regard to exchange rate increases for imported goods occurring between conclusion of the contract and delivery.
3. execution
3.1 The relevant ÖNORM standards 2213, 2207 or the ÖNORM standards replacing them shall apply to dimensions, processing and designation. Minor dimensional differences do not entitle the client to a warranty.
3.2 The place of performance within the meaning of Section 905 ABGB shall be the consumer's place of residence.
4. intellectual property of the contractor
4.1 All drafts, proposals, quotations and drawings of the Contractor constitute its intellectual property and may not be distributed or further processed without the written consent of the Contractor.
5. delivery or collection of the goods
5.1 The delivery period shall be agreed separately in each case and shall only commence after final clarification of all technical and commercial delivery matters and after receipt of all documents required for execution and a confirmation of payment on account by the Contractor.
5.2 Delivery is made to the edge of the sidewalk. Freight prices are quoted without guarantee. Any additional services provided by the contractor must be agreed separately. If delivery/lifting to the client's premises is agreed (truck-mounted crane or lift truck), this is only possible if conditions permit. The client bears the responsibility for this.
5.3 In the case of truck deliveries, the client must ensure that the access road to the delivery location is suitable for heavy trucks and that sufficient space is provided for the truck when unloading. In the case of deliveries with a tail lift, the client must ensure a level, firm surface (concreted / asphalted). If these requirements are not met, the client shall bear all resulting costs and legal consequences. Any liability of the contractor in this respect is excluded.
5.4 After delivery, the client must dispose of the packaging (pallets, crates, boxes) at his own expense
5.5 The goods must be collected or delivered within 2 (two) months of the agreed requested date / provision at the latest. If this period is exceeded, the Contractor shall be entitled to charge storage fees for natural stone outdoor goods and engineered stone goods up to 140×140 cm in the amount of 2.40/pallet or for parquet and natural stone indoor goods as well as techno stone goods from 145 cm length in the amount of € 6,-/pallet incl. 20 % VAT.
5.6 The installer is responsible for carrying the goods. In the case of deliveries of wood products (parquet), the installer must help unload the goods on delivery and the installer must carry the goods into the building immediately.
6. waste and residual quantity
6.1 The quantity shall be specified by the client or its planner by means of a quantity list, a plan with marked rooms, a joint plan or parts list. The required offcut is suggested by the contractor without obligation on the basis of standard industry comparative and empirical values depending on the size of the panels, type of installation and room sizes and must be checked and approved by the client's installer. The offcuts should always include reserve quantities for possible later requirements. Goods already cut to size for the client cannot be taken back from ordered goods.
6.2 If the Contractor agrees to take back unused residual quantities of the Client, this shall only apply under the following conditions:
(a) These are Technostein wall or floor tiles: minimum quantity of returned goods > 15m2. Only originally packaged goods in undamaged boxes will be accepted for return. The client receives 50 % of the sales price of the returned goods as a credit note. Prerequisite: photos of the returned goods sent to the contractor in advance. The freight costs of the returned goods to the Contractor's warehouse or external warehouse shall in any case be borne by the Client.
(b) All other products are non-returnable.
7 Retention of title and default of payment
7.1 Until the goods have been paid for in full, the Contractor shall retain title to the delivered goods (retention of title).
7.2 As long as the retention of title exists, the Client must inform the Contractor immediately in writing of all interventions by other creditors or third parties (in particular seizures) on the goods and defend against these interventions itself at its own expense.
7.3 In the event of default in payment, the Contractor shall be entitled to charge default interest in the amount of 9.2% above the base interest rate applicable on the first calendar day of a half-year, irrespective of the fault of the Client. In addition, the Contractor is entitled to charge the Client a lump-sum compensation of for operating costs in the amount of EUR 48 per reminder and any legal or collection costs.
7.4 Offsetting is only permitted in the event of the Contractor's inability to pay or for counterclaims of the Client that are legally related to the Contractor's claim or have been established by a court or recognized by the Contractor
8. warranty
8.1 The Contractor warrants that at the time of delivery the delivered goods have the stipulated or usually assumed characteristics and are free of material defects and defects of title (§ 922 ABGB).
8.2 Deviations in dimensions and quality within the scope of the agreed standards or standards existing in the Seller's country from hand samples and sample surfaces in accordance with point 3.1. shall be irrelevant. In particular, no warranty is given for production and material-related deviations in the color nuances and sorting of the goods. This also applies to samples. Warranty is excluded for goods that are designated as inferior quality, e.g. "Secunda".
8.3 If the requirements for the use of stone care products specified in point 10 are not met by the client, the contractor's warranty obligation shall be excluded in any case.
8.4 After delivery, but at the latest before the goods are laid, the goods must be inspected by the installer for any defects. All defects must be reported to the contractor immediately and in writing.
8.5 The statutory presumption period pursuant to Section 924 ABGB and the possibility of recourse against the Contractor pursuant to Section 933b ABGB shall not apply.
9. no required or usually assumed properties
9.1 Samples (hand samples and sample surfaces) are non-binding and are only intended to illustrate the general appearance of the stone or wood. Hand samples and sample surfaces can never reflect all properties and differences in color, pattern, structure and texture of the natural stone.
9.2 The color differences, opacities, structures, drawings or the lack thereof occurring in natural stones, engineered stones, fine stoneware, tiles or wood do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB and are therefore not subject to any warranty obligation on the part of the contractor. The same applies to naturally occurring pores, open areas, chips, cracks and, for example, quartz veins in limestone.
9.3 Marble (with the exception of frost-resistant crystal marble), like some other limestones, is not weather-resistant due to its hygroscopic properties and is therefore not suitable for outdoor use. With regard to such limestones, weather and frost resistance are not considered "conditional or usually assumed properties" within the meaning of § 922 ABGB.
9.4 Even with frost-resistant limestones (crystal marble, travertine) and sandstones, small flattening and chipping are possible by nature. These do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB.
10. care & cleaning
10.1 The client acknowledges that natural stone slabs should be impregnated after installation. Before impregnation, the stone slabs and the substrate must be clean, dry and free of any stains. The underfloor heating must be switched off. The ambient temperature must be at least 12 °C. Always create a small sample area to check whether the result is as desired.
10.2 When cleaning stones with acidic cleaning agents, always pre-wash well with water and rinse thoroughly (basic cleaner or soda lye). Cleaning agents must be used sparingly. When using them, always read the label carefully and follow the instructions for use. If anything is unclear, consult the contractor, a specialist or the product manufacturer. The products Basic Protection, Impregnation and Sealer are sensitive to frost and must not be stored below 0 °C.
10.3 When caring for and cleaning wood, it should be noted in particular that unsealed or oiled parquet must be waxed and polished regularly, suitable care and cleaning products must be used for the respective floor and parquet floors should generally only be cleaned with a damp cloth, as too much water will also damage a sealed floor.
11 Liability & compensation
11.1 In the event of any infringement of third-party rights with regard to the drawings, drafts and plans provided to the Contractor by the Client, the Client shall indemnify and hold the Contractor completely harmless.
11.2 The Contractor shall only be liable to the Client for positive damages (pure damage repair) in the event of intent or gross negligence. This applies, for example, if the delivery deadline is exceeded.
11.3 Liability for personal injury shall also exist in the event of slight negligence.
11.4 The Contractor shall only be liable for loss of profit, expected but unrealized savings or profit intentions, lost wages, delayed availability of residential and business premises, indirect damages and consequential damages in the event of intent and gross negligence.
11.5 Damage which originates from the sphere of the client or which has no adequate causal connection (e.g. costs for the removal and return transportation of a piano placed on the floor or the costs of the safekeeping of works of art during the repair of the damage) shall not be reimbursed.
11.6 If the requirements for care and cleaning (see point 10.) are not met and damage occurs as a result, the Contractor shall not be liable for such damage.
11.7 The Contractor's liability shall only be limited to the simple amount of the gross order value in the event of slight negligence on the part of the Contractor.
12 Place of jurisdiction and applicable law
12.1 The statutory place of jurisdiction for consumer matters shall apply.
12.2 Both these GTC and all legal transactions between the Contractor and the Client are subject to Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13. severability clause
13.1 If a provision of these GTC is subsequently declared invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision, taking into account good faith, custom and practice in business transactions.
Status 01.01.2022
1. subject matter and scope of application
1.1 These General Terms and Conditions of Business and Delivery (hereinafter referred to as "GTC") form the basis for all deliveries and services between SCHUBERT STONE GmbH, FN 119314m, (hereinafter referred to as "Contractor") and the customer (hereinafter referred to as "Customer").
1.2 Deviations from these GTC may only be made in writing. Verbal collateral agreements shall not apply. Any GTC of the Client shall only become part of the contract if this has been expressly confirmed in writing by the Contractor (no implied application), and only insofar as they do not contradict these GTC. In the event of a contradiction, the Client declares that the present GTC shall take precedence.
2. prizes
2.1 The prices quoted are non-binding and, unless otherwise stated, are gross prices in euros ex our external warehouse at INTERNATIONALE SPEDITION SCHNECKENREITHER Gesellschaft m.b.H. in A-2355 Wiener Neudorf, Industriezentrum NÖ-Süd, Straße 13, Objekt 46.
2.2 However, the prices may increase or decrease in the same proportion as the wages and material costs of the Contractor or the prices of its suppliers have increased or decreased between conclusion of the contract and delivery. The same applies analogously with regard to exchange rate increases for imported goods occurring between conclusion of the contract and delivery.
3. execution
3.1 The relevant ÖNORM standards 2213, 2207 or the ÖNORM standards replacing them shall apply to dimensions, processing and designation. Minor dimensional differences do not entitle the client to a warranty.
3.2 The place of performance within the meaning of Section 905 ABGB shall be the Contractor's registered office in Vienna.
4. intellectual property of the contractor
4.1 All designs, proposals, quotations and drawings of the Contractor shall constitute its intellectual property and may not be distributed or further processed without the written consent of the Contractor.
5. delivery or collection of the goods
5.1 The delivery period shall be agreed separately in each case and shall only commence after final clarification of all technical and commercial delivery matters and after receipt of all documents required for execution and a confirmation of payment on account by the Contractor.
5.2 Delivery is made to the edge of the sidewalk. Freight prices are quoted without guarantee. Any additional services provided by the contractor must be agreed separately. If delivery/lifting to the client's premises is agreed (truck-mounted crane or lift truck), this is only possible if conditions permit. The client bears the responsibility for this.
5.3 In the case of truck deliveries, the client must ensure that the access road to the delivery location is suitable for heavy trucks and that sufficient space is provided for the truck when unloading. In the case of deliveries with a tail lift, the client must ensure a level, firm surface (concreted / asphalted). If these requirements are not met, the client shall bear all resulting costs and legal consequences. Any liability of the contractor in this respect is excluded.
5.4 After delivery, the client must dispose of the packaging (pallets, crates, boxes) at his own expense
5.5 The goods must be collected or delivered within 2 (two) months of the agreed requested date / provision at the latest. If this period is exceeded, the Contractor shall be entitled to charge storage fees for natural stone outdoor goods and engineered stone goods up to 140×140 cm in the amount of 2,-/pallet or for parquet and natural stone indoor goods as well as techno stone goods from 145 cm length in the amount of €5,-/pallet plus 20 % VAT.
5.6 The installer is responsible for carrying the goods. In the case of deliveries of wood products (parquet), the installer must help unload the goods on delivery and the installer must carry the goods into the building immediately.
6. waste and residual quantity
6.1 The quantity shall be specified by the client or its planner by means of a quantity list, a plan with marked spaces, a joint plan or parts list. The required offcut is suggested by the contractor without obligation on the basis of standard industry comparative and empirical values depending on the size of the slabs and the type of installation and must be checked and approved by the client or the client's installer or architect. The offcuts should always include reserve quantities for possible later requirements. Goods already cut to size for the client cannot be taken back from ordered goods.
6.2 The Contractor reserves the right to refuse to take back residual quantities. In addition, the Contractor shall only take back returned goods under the following conditions:
(a) Technostein wall and floor tiles: Minimum quantity of returned goods: 15m2. Only originally packaged goods in undamaged boxes will be accepted for return. The customer receives 50 % of the sales price of the returned goods as a credit note. Prerequisite: photos of the returned goods sent to the contractor in advance. The freight costs of the returned goods to the Contractor's warehouse or external warehouse shall in any case be borne by the Client.
(b) All other products are non-returnable.
7 Retention of title and default of payment
7.1 Until the goods have been paid for in full, the Contractor shall retain title to the delivered goods (retention of title).
7.2 As long as the retention of title exists, the Client must inform the Contractor immediately in writing of all interventions by other creditors or third parties (in particular seizures) on the goods and defend against these interventions itself at its own expense.
7.3 In the event of default in payment, the Contractor shall be entitled to charge default interest in the amount of 9.2% above the base interest rate applicable on the first calendar day of a half-year, irrespective of the fault of the Client. In addition, the Contractor is entitled to charge the Client a lump-sum compensation of for collection costs in the amount of EUR 40.00 per reminder as well as any legal or collection costs.
7.4 Any offsetting or retention claims of the client are excluded.
8. warranty
8.1 The Contractor warrants that at the time of delivery the delivered goods have the stipulated or usually assumed characteristics and are free of material defects and defects of title (§ 922 ABGB).
8.2 Deviations in dimensions and quality within the scope of the agreed standards or standards existing in the Seller's country from hand samples and sample surfaces in accordance with point 3.1. shall be irrelevant. In particular, no warranty is given for production and material-related deviations in the color nuances and sorting of the goods. This also applies to samples. Warranty is excluded for goods that are designated as inferior quality, e.g. "Secunda".
8.3 If the requirements for the use of stone care products specified in point 10 are not met by the client, the contractor's warranty obligation shall be excluded in any case.
8.4 After delivery, but at the latest before installation of the goods, the goods must be inspected for any defects. All defects must be reported to the Contractor immediately and in writing. Failure to comply with these obligations shall result in forfeiture of the warranty claim.
8.5 In the event of a warranty claim, the Client shall initially be entitled to demand the improvement or replacement of the defective goods. Instead of improvement or replacement, the Contractor shall be free at any time to offer the Client a price reduction. Conversion is excluded. Should a special plate (specialty goods) break during production or delivery, the order shall be canceled and the down payment returned. There is no right to a similar replacement.
8.6 The statutory presumption period pursuant to Section 924 ABGB and the possibility of recourse against the Contractor pursuant to Section 933b ABGB shall not apply.
9. no required or usually assumed properties
9.1 Samples (hand samples and sample surfaces) are non-binding and are only intended to illustrate the general appearance of the stone or wood. Hand samples and sample surfaces can never reflect all properties and differences in color, pattern, structure and texture of the natural stone.
9.2 The color differences, opacities, structures, drawings or the lack thereof occurring in natural stones, engineered stones, fine stoneware, tiles or wood do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB and are therefore not subject to any warranty obligation on the part of the contractor. The same applies to naturally occurring pores, open areas, chips, cracks and, for example, quartz veins in limestone.
9.3 Marble (with the exception of frost-resistant crystal marble), like some other limestones, is not weather-resistant due to its hygroscopic properties and is therefore not suitable for outdoor use. With regard to such limestones, weather and frost resistance are not considered "conditional or usually assumed properties" within the meaning of § 922 ABGB.
9.4 Even with frost-resistant limestones (crystal marble, travertine) and sandstones, small flattening and chipping are possible by nature. These do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB.
10. care & cleaning
10.1 The client acknowledges that natural stone slabs should be impregnated after installation. Before impregnation, the stone slabs and the substrate must be clean, dry and free of any stains. The underfloor heating must be switched off. The ambient temperature must be at least 12 °C. Always create a small sample area to check whether the result is as desired.
10.2 When cleaning stones with acidic cleaning agents, always pre-wash well with water and rinse thoroughly (basic cleaner or soda lye). Cleaning agents must be used sparingly. When using them, always read the label carefully and follow the instructions for use. If anything is unclear, consult the contractor, a specialist or the product manufacturer. The products Basic Protection, Impregnation and Sealer are sensitive to frost and must not be stored below 0 °C.
10.3 When caring for and cleaning wood, it should be noted in particular that unsealed or oiled parquet must be waxed and polished regularly, suitable care and cleaning products must be used for the respective floor and parquet floors should generally only be cleaned with a damp cloth, as too much water will also damage a sealed floor.
11 Liability & compensation
11.1 In the event of any infringement of third-party rights with regard to the drawings, drafts and plans provided to the Contractor by the Client, the Client shall indemnify and hold the Contractor completely harmless.
11.2 The Contractor shall only be liable to the Client for positive damages (pure damage repair) in the event of intent or gross negligence, e.g. if the delivery deadline is exceeded.
11.3 Liability for personal injury shall also exist in the event of slight negligence.
11.4 The Contractor shall only be liable for loss of profit, expected but unrealized savings or profit intentions, lost wages, delayed availability of residential and business premises, indirect damages and consequential damages in the event of intent.
11.5 Damage which originates from the sphere of the client or which has no adequate causal connection (e.g. costs for the removal and return transportation of a piano placed on the floor or the costs of the safekeeping of works of art during the repair of the damage) shall not be reimbursed.
11.6 If the requirements for care and cleaning (see point 10.) are not met and damage occurs as a result, the Contractor shall not be liable for such damage.
11.7 The Contractor's liability shall be limited to the simple amount of the gross order value, irrespective of the degree of fault.
11.8 The reversal of the burden of proof under Section 1298 and Section 933a (3) ABGB shall not apply. The fault of the Contractor or its vicarious agents must be proven by the Client.
12 Place of jurisdiction and applicable law
12.1 The exclusive place of jurisdiction for all legal actions between the Contractor and the Client shall be Vienna.
12.2 Both these GTC and all legal transactions between the Contractor and the Client are subject to Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13. severability clause
13.1 If a provision of these GTC is subsequently declared invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision, taking into account good faith, custom and practice in business transactions.
Status 01.01.2022