Terms and Conditions

Terms and Conditions

Conditions and Terms of Sale, Delivery and Payment

Kerateam Fliesenproduktions und -vertriebs GmbH & Co. KG

Valid from 1 January 2017

Deliveries are made exclusively on the basis of our conditions of sale, delivery and payment. Any contrary terms and conditions of the purchaser will not be recognised by the acceptance of the purchaser’s order. By the purchaser’s acceptance of the goods delivered by us, the purchaser declares his/her consent to our terms and conditions. Unless one of the following conditions of sale, delivery and payment is invalid due to contrary legal regulation or jurisprudence, it shall be deemed to be agreed that the legal validity of the remaining conditions of sale, delivery and payment will remain unaffected in their entirety.

1. Offers

Unless they are designated as "firm" or "binding", our offers are non-binding and do not oblige us to accept the order. Our offers refer to the price lists, catalogues and brochures applicable at the time of the offer.

2. Prices

The prices are based on the price list valid on the day of delivery.

3. Sorting

Our ceramic tiles are sorted according to the following guidelines: First sort – this corresponds to DIN EN 14411. In the first sort, standard requirements can be applied to the tiles with regard to perfect basic tile, the surface, and the cleanliness and beauty of the glaze. Small defects, minor deviations in shape and colour of the individual tiles are permitted insofar as they do not affect the overall potential for proper installation. Second sort – Tiles with clearly recognisable defects that cannot be designated as first-sort tiles. The fulfilment of the quality requirements according to DIN EN 14411 is not a prerequisite.

4. Labelling

The tile quality is labelled as follows: First sort: Packaging contains the text “1st sort” and “DIN EN 14411”. Quality deviating from the first sort shall be labelled accordingly. We assume no warranty for goods supplied that are not from the first sort.

5. Delivery times

Delivery periods and deadlines are only binding by our written confirmation and start only upon complete clarification of the respective order based on the sending of our written confirmation. The purchaser shall be informed of any significant delays in delivery due to misfiring, fabrication disruptions, strikes or any other circumstances beyond our control, and these circumstances will justify a reasonable extension of the delivery period. The delivery time shall be deemed to have been complied with if the goods have been dispatched before the expiry of the delivery period.

6. Default

In the event that we are responsible for a delay or interruption of supply, the purchaser is entitled to set a reasonable extension period and withdraw from the contract if the extension period expires without result. No further claims will be accepted, in particular for compensation of damages subject to the provisions of Point 12. After a one-week grace period, we are entitled to invalidate orders with a call-off period if there is a late acceptance of goods.

7. Packaging and shipment

Our offer prices are inclusive of loading charges for truck shipping. Our goods are loaded and shipped on Euro pallets. We charge for this at €12.50 per pallet. This cost is not charged on deliveries within the Federal Republic of Germany provided the corresponding number of exchange pallets is returned. We will credit €9 for the carriage-paid return of pallets in perfect condition. If loading on specially-treated Euro pallets is required or requested, this will be invoiced at a cost of €12.50 per pallet.

8. Shipping in Germany (mainland only)

All sales are ex-works. Shipment is on account and at the risk of the purchaser. We will pay the transport costs of orders in excess of 3 tons (carriage paid or Incoterms 2010 CPT). The order may be collected by the purchaser only after express agreement. The purchaser shall bear the cost of transport insurance if it is requested. Part shipments are always permissible, although we strive to send goods as inexpensively as possible. We are only liable for damages resulting exclusively from improper packaging. Transport damages must always be immediately reported to the shipping company for checking, and a copy of the negotiation proceedings provided for such cases must be requested. Shipping outside Germany (mainland) shall be regulated and agreed upon on an individual basis.

9. Terms of payment

The invoice will be issued on the day of shipment and is payable without deduction within 30 days following the invoice date. We apply a 2% cash discount for cash payments made within 8 days following the invoice date for amounts specifically identified as discountable. We are entitled to charge interest on arrears if this target is exceeded. The granting of discounts requires that all previously due receivables have been settled. Payments made in the form of a letter of acceptance or bills of exchange must be made within 8 days following the invoice date. The payment period must not exceed 3 months, we must reserve the right to accept or decline on a case by case basis (potential for discount), and all discount charges shall be paid by the customer. Payments in the form of bills of exchange or cheques shall be deemed fulfilled only after they have been cleared. Offsetting or withholding by the purchaser of payments due must be accompanied by counterclaims accepted by us in writing or established as legally binding. Notification of defects does not release the client from the timely settlement of the invoice as long as we provide the customer with a bank guarantee of the claimed amount, which is valid up to 14 days after the judgement of the notification of defects becomes final and serves to secure the counterclaim arising from the notification of defects. In the event that the purchaser loses the legal dispute, he/she shall pay for the cost of the bank guarantee. If the purchaser fails to comply with the above conditions or if a customer’s means of payment deteriorates with respect to us or other creditors (e.g., bill protests or lawsuits, etc.), our receivables shall become due immediately, even if we have accepted bills or acceptances with a later due date. We also reserve the right to advance payments in this case, even after conclusion of the supply contract.

10. Retention of title

a) We shall retain the title to all goods delivered by us until all claims deriving from the business relationship are met by the purchaser, and in particular any current-account balance has been paid. Seizures of goods by other creditors must be reported to us immediately.
b) In the event of default of payment or substantial deterioration of the purchaser’s financial situation, or upon the opening of judicial or extrajudicial settlement proceedings or insolvency regarding the purchaser’s assets, we have the right to demand the return of the goods without withdrawing from the contract, whereby the purchaser shall bear the cost of the return transport of the goods. The same applies if, after delivery, we have reasonable doubt regarding the purchaser’s ability or willingness to pay.
c) The purchaser has the right in the ordinary course of business to sell and/or further process the goods under retention only if he/she is not in default of payment; he/she may neither pledge nor assign the goods to third parties as security. In the case of the processing/treatment, mixing/blending or sale of goods delivered by us, the purchaser hereby assigns to us, with priority over all other debts, all resulting receivables in the same amount with which the our related goods with retention of title were billed to the purchaser or as was calculated in collective invoice. Upon our request, the purchaser is obligated to disclose the name of all third-party debtors and the amounts described above; upon request by the purchaser, we shall select by way of written declaration to the purchaser the receivables assigned to us as security for our account balance; upon receipt of this declaration by the purchaser, the existing assignments shall be retroactively cancelled. With respect to the purchaser’s claim against the third-party debtor, if additional claims of the purchaser owed to other suppliers interfere with our existing assignments of future claims, then all advance assignment creditors should be entitled to the purchaser’s claim against the third-party debtor, in proportion to it’s claim against the third-party debtor.
d) In order to cover his due obligations, the purchaser must immediately transfer to us all receivables assigned to us, which he has collected. However, until this transfer is made, these receivables must be designated for us as third-party holdings in his books and held in a trust.
e) In accordance with the foregoing provisions, we hereby undertake to release at our discretion the securities to which we are entitled at a rate whereby their realisable value exceeds the receivables to be secured by 20%. The ownership of the goods delivered and the receivables assigned to us shall be transferred to the purchaser without further notice after full payment of all receivables from the business relationship.

11. Quality and claims for defects

a) Our tiles comply with the characteristics of DIN EN14411. Variations in tile dimensions, weights, colour shades and surface finish to the extents typically occurring in the industry due to the specific nature of ceramics production do not constitute defects. Improper use of acidic and/or corrosive cleansing agents may cause damage to tiles. Claims for missing goods must be submitted immediately following receipt of the shipment. This also applies in the event that goods other than those ordered are delivered. We assume no warranty for goods supplied that are not from the first sort.
b) Obvious defects in tiles must be declared in writing immediately and in any case prior to processing. Latent defects must be declared immediately after being discovered. We reserve the right to reject complaints submitted after expiry of the complaint period.
c) If goods delivered by us are defective (according to section a), we are obligated to replace the goods, with the exclusion of further claims under warranty of the purchaser. If we do not provide replacement within a reasonable grace period specified in writing by the customer, the purchaser is entitled to withdraw from the contract withdraw or demand a reduction in price with the exclusion of all other claims.
d) We reject any warranty associated with the removal of tiling without our prior written consent.
e) Residual tiles are non-returnable. We are not obligated to accept goods returned without our approval. We are entitled to return or store the returned goods at the expense and risk of the sender.
f) The statutory limitation periods shall apply for claims based on defects.

12. Other liability

Any liability beyond the other provisions as well as all other more extensive claims, for whatever legal reason, (e.g., tortious liability, default, culpa in contrahendo, strict liability, etc.) is hereby excluded, especially for compensation for damages. However, we assume liability for up to 25% of the value of the order for negligence on the part of our executives and legal representatives beyond slight negligence, including the lack of expressly guaranteed characteristics. We are liable for claims under product liability law and recourse claims under the sale of consumer goods within the scope of the legal provisions.

13. Foreign rates

Offers and sales abroad require our prior special consent in each case.

14. Place of Jurisdiction

The court of jurisdiction is Chemnitz.

15. Data protection

Personal information pertaining to our contractual partners is stored, transmitted and, if necessary, amended, in accordance with the Federal Data Protection Act.

Kerateam Fliesenproduktions und -vertriebs GmbH & Co. KG