Terms of sale and delivery

REITZ Natursteintechnik KG

  1. Applicable law
    The contractual relationship shall be governed by German law in accordance with HGB, BGB. These terms and conditions take precedence over the statutory provisions insofar as they deviate from each other.

  2. General information
    By placing an order, the customer recognises our following terms and conditions of sale and delivery. Other terms and conditions, including the customer's terms and conditions, are invalid insofar as they conflict with our terms and conditions, unless we expressly agree to these other terms and conditions in writing. Any terms and conditions of the customer are hereby rejected.

  3. Quotations
    All offers are subject to change and non-binding. We reserve the right of ownership and copyright for drawings and other offer documents.

  4. Placing of order
    An order shall be deemed to have been placed if it has been confirmed by us in writing. All additions, amendments, telephone or verbal collateral agreements require our written confirmation to be effective. Deadlines stated by us, in particular delivery dates, are only binding if they are expressly designated as such in the order confirmation. Dimensions, weights, illustrations and descriptions are only binding for the execution if this is expressly confirmed. Gross weights and box dimensions are approximate to the best of our judgement, but are not binding.

    4.1 Call-off orders
    Call orders without a deadline must be executed within one calendar year. If the one-year period is exceeded from the time the order is placed, 40% of the purchase price shall be due as a down payment; invoicing shall then be based on the price list valid at the time of acceptance or otherwise agreed in writing at the time the order is placed.

  5. Our prices
    Our prices are net ex works plus statutory VAT, excluding packaging, shipping costs and insurance.

  6. Terms of payment
    Payments are to be made within 10 days with a 2% discount or 30 days strictly net Contract work is payable immediately strictly net. In the event of late payment, statutory default interest and commission shall be charged, subject to the assertion of further damages. The withholding of payments or the offsetting of any counterclaims of the customer are excluded. Notices of defects and complaints, irrespective of the grounds on which they are based, shall also not entitle the customer to withhold payment unless they are undisputed or have been established by a court of law. Deterioration in the solvency of the customer or non-compliance with the agreed terms of payment shall entitle us to demand the provision of security for all claims arising from the delivery contract, irrespective of the due date.

  7. Material
    The stone to be used is selected to match the structure and colour as closely as possible. However, differences in structure, colour and texture, such as spots, veins and shading are not material defects, but natural formations that cannot be objected to. Furthermore, minor dimensional deviations which do not interfere with an exact fit and correct proportion do not justify complaints. Samples can only be regarded as approximate average samples because they are never able to characterise the material in question exactly.

  8. Transfer of risk
    The risk shall pass to the customer upon notification of readiness for dispatch or handover of the goods to the carrier, but at the latest when the goods leave the factory, even if carriage paid delivery has been agreed. We shall not insure the goods against loss or damage in transit, neither in the name of nor at the expense of the customer.

  9. Delivery time
    The delivery period shall commence as soon as all details of the execution have been clarified and both contracting parties have agreed on the terms of the transaction. The delivery time shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. Compliance with the delivery time presupposes the fulfilment of the customer's contractual obligations. If we are in default with our deliveries or services and the customer grants us a reasonable grace period with the express declaration that he will refuse to accept the service after expiry of this period and if the grace period is not complied with, the customer shall be entitled to withdraw from the contract. If the delivery or service owed to the customer is delayed due to force majeure, lawful strike, incapacity for which the contractor or one of its suppliers is not responsible or unfavourable weather conditions, the agreed delivery period shall be extended by the duration of the delay, even if it has occurred during a delay in delivery. Partial deliveries are permissible.

  10. Packaging
    If the packaging is provided on loan, it must be returned to us with the next delivery; in the event of non-fulfilment, a charge will be made.

  11. Delivery
    Unless otherwise agreed, delivery is ex works, uninsured, excluding packaging. In the case of delivery by us, we require a freight order and freight insurance from the customer. We ask you to arrange the transport of the goods yourself and will inform you of the collection date in good time. In the case of transport arranged by us on your behalf, a contractual relationship exists between the carrier and the customer. We do not accept any recourse claims for transport-related reasons.

  12. Retention of title
    We reserve title to the delivery item until all payments arising from the delivery contract have been received. In the event of breach of contract by the customer, in particular default in payment, we shall be entitled to take back the delivery item after issuing a reminder and the customer shall be obliged to surrender it. If we take back and seize the item, this shall only constitute a cancellation of the contract if we expressly declare this in writing, unless the Instalment Purchase Act applies. In the event of seizure or other interventions by third parties, the customer must inform us immediately. The customer is authorised to resell the delivery item in the ordinary course of business. However, he hereby assigns to us all claims which accrue to him from the resale against the purchaser or against third parties, irrespective of whether the goods subject to retention of title are resold without or after processing. The customer is authorised to collect these claims even after assignment. Our authorisation to collect the claims ourselves remains unaffected by this; however, we undertake not to collect the claims as long as the customer duly fulfils his payment obligations. We can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. If the delivery item is resold together with other goods that do not belong to us, the customer's claim against the purchaser shall be deemed assigned in the amount of the delivery price agreed between us and the customer. The processing or remodelling of reserved goods shall always be carried out by the customer on our behalf. If the reserved item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved item to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer is obliged to insure the delivery item against theft, breakage, fire, water and other damage for the duration of the retention of title and to notify us of this. If this is not done, we shall be entitled to take out insurance at the customer's expense. The retention of title and the securities to which we are entitled shall apply until complete release from contingent liabilities (e.g. in the case of payment by cheque/bill of exchange) which we have entered into in the interests of the customer. We undertake to release the securities to which we are entitled insofar as their value exceeds the claims to be secured by more than 20 %, insofar as these have not yet been settled.

  13. Right of first refusal
    In the event of the sale of a business, bankruptcy, composition proceedings and liquidation of the customer, we shall have the right of first refusal on all goods supplied by us.

  14. Warranty
    Requests for subsequent fulfilment and notices of defects must be made in writing or text form. We shall be liable for defects in the delivery, including the absence of expressly warranted characteristics, to the exclusion of further claims, in such a way that we shall repair or replace free of charge, at our reasonable discretion, all those parts which prove to be unusable or significantly impaired in their usability within 6 months of the transfer of risk as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, poor materials or defective workmanship. We must be notified immediately of the discovery of such defects. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. Replaced parts shall become our property; they must be returned to us carriage paid on request. No warranty shall be assumed for unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, chemical, electrochemical or electrical influences, unless they are attributable to our fault. Any modifications or repair work carried out improperly by the customer or third parties without prior authorisation shall invalidate any liability for the resulting consequences. If we allow a reasonable period of grace granted to us for the repair or replacement of a defect for which we are responsible to expire fruitlessly through our fault, the customer may withdraw from the contract. The customer's right of cancellation shall also exist in the event of impossibility or inability of repair or replacement delivery by us. In the event of unjustified notices of defects that cause extensive inspections, the costs of the inspection may be charged to the customer. Further claims of the customer against us and our vicarious agents are excluded, in particular a claim for compensation for damage that has not occurred to the delivery item itself. This shall not apply in cases of mandatory liability due to wilful intent, gross negligence or the absence of warranted characteristics. The warranty period is 6 months.
    The aforementioned limitations of liability shall not apply in the event of injury to life, limb or health.

  15. Place of fulfilment and jurisdiction
    The place of fulfilment for delivery and payment is Aßlar. The place of jurisdiction is Wetzlar.

    Status: 2025

    REITZ Natursteintechnik KG - Emmeliusstr. 26 - D-35614 Aßlar - Phone +49 6441 98970 - www.reitz-natursteintechnik.de