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 of 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 subsidiary agreements shall not apply. Any General Terms and Conditions of the Client shall only become part of the contract if this has been expressly confirmed by the Contractor in writing (no implied application), and this only insofar as they do not contradict the present General Terms and Conditions. In the event of a contradiction, the Client declares that the present General Terms and Conditions shall take precedence.
2. prices
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 The prices may, however, increase or decrease in the same proportion as the wages and material costs of the contractor or the prices of his suppliers have increased or decreased between the 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 For dimensions, processing and designation, the relevant ÖNORMEN 2213, 2207 or ÖNORMEN replacing them shall apply. Minor dimensional differences do not entitle the client to a warranty.
3.2 The place of performance within the meaning of § 905 ABGB shall be the place of residence of the consumer.
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 issues and after receipt by the contractor of all documents required for execution and a confirmation of payment on account.
5.2 Delivery is made to the edge of the pavement. Freight prices are quoted without guarantee. Any additional services by the contractor must be agreed separately. If delivery/lifting onto the client's property is agreed (truck-mounted crane or lift truck), this is only possible if the conditions permit. The client shall bear the responsibility for this.
5.3 In the case of deliveries by lorry, the client must ensure that the access road to the delivery location is suitable for heavy lorries and that sufficient space is provided for the lorry when unloading. In the case of deliveries with a tail lift, the client must ensure that the ground is level and firm (concreted / asphalted). If these requirements are not met, the client shall bear all costs and legal consequences resulting therefrom. Any liability of the contractor in this respect is excluded.
5.4 After delivery, the client shall dispose of the packaging (pallets, boxes, cartons) at his own expense.
5.5 The goods must be collected or delivered within 2 (two) months at the latest from the agreed requested date / provision. After exceeding this deadline, the contractor is entitled to charge storage fees for each commenced week for natural stone outdoor goods as well as technostone goods up to 140×140 cm in the amount of € 2.40/pallet or for parquet and natural stone indoor goods as well as technostone goods from 145 cm in 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 upon delivery and the installer must immediately carry the goods into the house.
6. offcuts and residual quantity
6.1 The information on the quantity is provided by the client or his 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 on a non-binding basis on the basis of comparative and empirical values customary in the industry, depending on the panel size, 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) Technostein wall or floor tiles: Minimum quantity of returned goods > 15m2. Only originally packed goods in undamaged boxes will be taken back. The client receives 50% of the sales price of the returned goods as a credit note. Prerequisite: photos of the returned goods must be sent to the contractor in advance. The freight costs of the returned goods to the contractor's warehouse or external warehouse shall be borne by the client in any case.
(b) All other products are non-returnable.
7. retention of title and default of payment
7.1 Until full payment for the goods has been made, the contractor retains the right of ownership to the delivered goods (retention of title).
7.2 As long as the retention of title exists, the Client shall inform the Contractor immediately in writing of all interventions by other creditors or third parties (in particular seizures) on the goods and shall ward off these interventions itself at its own expense.
7.3 In the event of default in payment, the Contractor shall be entitled, irrespective of the fault of the Client, to charge default interest for the default in payment in the amount of 9.2% above the base interest rate applicable on the first calendar day of a half-year. In addition, the contractor is entitled to charge the client a flat-rate compensation for collection costs in the amount of EUR 48,- per reminder as well as possible lawyer's or collection costs.
7.4 Offsetting is only permissible in the event of the Contractor's insolvency or for counterclaims of the Client that are legally related to the Contractor's claim or have been established by a court or recognised by the Contractor.
8. warranty
8.1 The contractor warrants that the delivered goods have the agreed or usually assumed properties at the time of delivery and are free of material defects and defects of title (§ 922 ABGB).
8.2 Deviations in dimension and quality within the scope of the agreed standards or the standards existing in the Seller's country from hand samples and sample surfaces in accordance with point 3.1. are irrelevant. In particular, no warranty is given for deviations in colour shades and sorting of the goods due to production and material. This also applies to samples. The warranty is excluded for goods that are designated as inferior quality such as "Secunda".
8.3 If the prerequisites for the use of stone care products mentioned in point 10 are not complied with 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 § 924 ABGB (Austrian Civil Code) and the possibility of recourse against the Contractor pursuant to § 933b ABGB shall not apply.
9. no properties that are stipulated or usually assumed
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 colour, pattern, structure and texture of the natural stone.
9.2 Differences in colour, cloudiness, structures, drawings or the lack thereof occurring in natural stones, technostones, fine stoneware, tiles or wood do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB (Austrian Civil Code) and are therefore not subject to any warranty obligation on the part of the contractor. The same applies to the naturally occurring pores, open areas, cracks, fissures and e.g. 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 resistance or frost resistance are not considered to be "conditional or usually assumed properties" within the meaning of § 922 ABGB.
9.4 Even with frost-resistant limestones (crystal marble, travertine) and sandstones, small flattenings and chipping are possible by nature. These do not mean any deviations from "conditioned or usually assumed properties" as defined in § 922 ABGB.
10. care & cleaning
10.1 The client acknowledges that natural stone slabs should be impregnated after installation. Before impregnation, stone slabs as well as 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-water well with water and rinse afterwards (basic cleaner or soda lye). The 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 or a specialist or the product manufacturer. The products basic protection, impregnation and sealing are sensitive to frost and must not be stored below 0 °C.
10.3 When caring for and cleaning wood, please note in particular that unsealed or oiled parquet must be waxed and polished regularly, that care and cleaning agents suitable for the respective floor must be used, and that 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, designs and plans made available to the contractor by the client, the client shall fully indemnify and hold the contractor harmless.
11.2 The Contractor shall be liable to the Client for positive damage (pure damage repair) only in the event of intent or gross negligence. This applies e.g. in the event of exceeding the delivery deadline.
11.3 Liability for personal injury also exists in the case of slight negligence.
11.4 The contractor shall only be liable for lost profit, expected but not realised savings or profit intentions, lost wages, delayed occupancy of residential and business premises, for indirect damage and consequential damage caused by defects in the event of intent and gross negligence.
11.5 Damage that originates from the sphere of the client or that has no adequate causal connection (e.g. costs for the removal and return transport of a piano set up on the floor that has been laid or the costs for the safekeeping of art objects while the damage is being repaired) shall not be compensated.
11.6 If the requirements for care and cleaning (cf. item 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 only in the event of slight negligence on the part of the Contractor.
12 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 shall be governed by Austrian substantive law, excluding 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 the principles of good faith, custom and usage 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 of 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 subsidiary agreements shall not apply. Any General Terms and Conditions of the Client shall only become part of the contract if this has been expressly confirmed by the Contractor in writing (no implied application), and this only insofar as they do not contradict the present General Terms and Conditions. In the event of a contradiction, the Client declares that the present General Terms and Conditions shall take precedence.
2. prices
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 The prices may, however, increase or decrease in the same proportion as the wages and material costs of the contractor or the prices of his suppliers have increased or decreased between the 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 For dimensions, processing and designation, the relevant ÖNORMEN 2213, 2207 or ÖNORMEN replacing them shall apply. Minor dimensional differences do not entitle the client to a warranty.
3.2 The place of performance within the meaning of § 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 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 issues and after receipt by the contractor of all documents required for execution and a confirmation of payment on account.
5.2 Delivery is made to the edge of the pavement. Freight prices are quoted without guarantee. Any additional services by the contractor must be agreed separately. If delivery/lifting onto the client's property is agreed (truck-mounted crane or lift truck), this is only possible if conditions permit. The client shall bear the responsibility for this.
5.3 In the case of deliveries by lorry, the client must ensure that the access road to the delivery location is suitable for heavy lorries and that sufficient space is provided for the lorry when unloading. In the case of deliveries with a tail lift, the client must ensure that the ground is level and firm (concreted / asphalted). If these requirements are not met, the client shall bear all costs and legal consequences resulting therefrom. Any liability of the contractor in this respect is excluded.
5.4 After delivery, the client shall dispose of the packaging (pallets, boxes, cartons) at his own expense.
5.5 The goods must be collected or delivered within 2 (two) months at the latest from the agreed requested date / provision. After exceeding this deadline, the contractor is entitled to charge storage fees for each commenced week for natural stone outdoor goods as well as technostone goods up to 140×140 cm in the amount of €2,-/pallet or for parquet and natural stone indoor goods as well as technostone 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 upon delivery and the installer must immediately carry the goods into the house.
6. offcuts and residual quantity
6.1 The information on the quantity shall be provided by the client or his 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 on a non-binding basis on the basis of comparative and empirical values customary in the industry depending on the panel size, type of installation and must be checked and approved by the client or its installer or the client's 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. Furthermore, the contractor will 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 client receives 50% of the sales price of the returned goods as a credit note. Prerequisite: photos of the returned goods must be sent to the contractor in advance. The freight costs of the returned goods to the contractor's warehouse or external warehouse shall be borne by the client in any case.
(b) All other products are non-returnable.
7. retention of title and default of payment
7.1 Until full payment for the goods has been made, the contractor retains the right of ownership to the delivered goods (retention of title).
7.2 As long as the retention of title exists, the Client shall inform the Contractor immediately in writing of all interventions by other creditors or third parties (in particular seizures) on the goods and shall ward off these interventions itself at its own expense.
7.3 In the event of default in payment, the Contractor shall be entitled, irrespective of the fault of the Client, to charge default interest for the default in payment in the amount of 9.2% above the base interest rate applicable on the first calendar day of a half-year. In addition, the Contractor is entitled to charge the Client a flat-rate compensation for collection costs in the amount of EUR 40.00 per reminder as well as possible lawyer's or collection costs.
7.4 Any set-off or retention claims of the Client are excluded.
8. warranty
8.1 The contractor warrants that the delivered goods have the agreed or usually assumed properties at the time of delivery and are free of material defects and defects of title (§ 922 ABGB).
8.2 Deviations in dimension and quality within the scope of the agreed standards or the standards existing in the Seller's country from hand samples and sample surfaces in accordance with point 3.1. are irrelevant. In particular, no warranty is given for deviations in colour shades and sorting of the goods due to production and material. This also applies to samples. The warranty is excluded for goods that are designated as inferior quality such as "Secunda".
8.3 If the prerequisites for the use of stone care products mentioned in point 10 are not complied with 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 for any defects. All defects must be reported to the contractor immediately and in writing. Violation of these obligations leads to 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. A redhibitory action is excluded. Should a special plate (special goods) be broken during production or delivery, the order will be cancelled and the down payment returned. There is no right to a similar replacement.
8.6 The statutory presumption period pursuant to § 924 ABGB (Austrian Civil Code) and the possibility of recourse against the Contractor pursuant to § 933b ABGB shall not apply.
9. no properties that are stipulated or usually assumed
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 colour, pattern, structure and texture of the natural stone.
9.2 Differences in colour, cloudiness, structures, drawings or the lack thereof occurring in natural stones, technostones, fine stoneware, tiles or wood do not constitute deviations from "stipulated or usually assumed properties" within the meaning of § 922 ABGB (Austrian Civil Code) and are therefore not subject to any warranty obligation on the part of the contractor. The same applies to the naturally occurring pores, open areas, cracks, fissures and e.g. 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 resistance or frost resistance are not considered to be "conditional or usually assumed properties" within the meaning of § 922 ABGB.
9.4 Even with frost-resistant limestones (crystal marble, travertine) and sandstones, small flattenings and chipping are possible by nature. These do not mean any deviations from "conditioned or usually assumed properties" as defined in § 922 ABGB.
10. care & cleaning
10.1 The client acknowledges that natural stone slabs should be impregnated after installation. Before impregnation, stone slabs as well as 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-water well with water and rinse afterwards (basic cleaner or soda lye). The 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 or a specialist or the product manufacturer. The products basic protection, impregnation and sealing are sensitive to frost and must not be stored below 0 °C.
10.3 When caring for and cleaning wood, please note in particular that unsealed or oiled parquet must be waxed and polished regularly, that care and cleaning agents suitable for the respective floor must be used, and that 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, designs and plans made available to the contractor by the client, the client shall fully indemnify and hold the contractor harmless.
11.2 The Contractor shall only be liable to the Client for positive damage (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 also exists in the case of slight negligence.
11.4 The contractor shall only be liable for lost profit, expected but not realised savings or profit intentions, lost wages, delayed occupancy of residential and business premises, for indirect damage and consequential damage caused by defects in the event of intent.
11.5 Damage that originates from the sphere of the client or that has no adequate causal connection (e.g. costs for the removal and return transport of a piano set up on the floor that has been laid or the costs for the safekeeping of art objects while the damage is being repaired) shall not be compensated.
11.6 If the requirements for care and cleaning (cf. item 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 contract value, irrespective of the degree of fault.
11.8 The reversal of the burden of proof under § 1298 and § 933a paragraph 3 ABGB shall not apply. The fault of the Contractor or its vicarious agents shall be proven by the Client.
12 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 shall be governed by Austrian substantive law, excluding 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 the principles of good faith, custom and usage in business transactions.
Status 01.01.2022