Terms and Conditions

Terms of Delivery and Payment

1. Validity
These terms of delivery and payment form the basis of all our offers and contracts as well as deliveries and services in business transactions with companies. Any deviating agreements and purchasing conditions of our customers are only binding if they have been confirmed by us in writing.

2. Offers and prices
Our offers are always subject to change until the contract is concluded. We are only bound by contractual obligations if we confirm them in writing. Prices are quoted ex works. The list prices valid on the day of delivery shall be charged, unless other prices have been expressly agreed. The value added tax valid at the time of delivery shall be added. Customs duties and other additional charges payable on the goods shall be borne by our customer.

3. Quality and samples
Our brick products are homogeneous bulk goods manufactured using a natural firing process. Unless otherwise agreed, we deliver goods in accordance with the relevant DIN standards in the standard factory assortment. Samples of any type and size, specimens, illustrations and descriptions are therefore only considered non-binding viewing pieces and are not authoritative. Minor deviations do not justify complaints. The reference to DIN standards is merely a description of the goods and does not constitute a guarantee of quality within the meaning of Section 443 of the German Civil Code (BGB). A guarantee of quality and durability must be expressly agreed or marked as such.

4. Delivery and transfer of risk
Deliveries are made ex works. Our customer or their collector is responsible for proper loading and securing of the load in accordance with Section 412 of the German Commercial Code (HGB). The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon loading, even if delivery has been agreed. If shipment or acceptance is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for shipment. If delivery is agreed, this shall be at the expense and risk of our customer. Our customer must ensure that the unloading point is accessible to heavy goods vehicles, that suitable unloading facilities are available and that the delivery vehicle is unloaded immediately and properly. If these conditions are not met, our customer shall be liable for any damage resulting therefrom. Delivery dates and delivery periods require express agreement. They are only binding if confirmed by us in writing. In the event of a change to the contract, the delivery period shall only be binding if it is reconfirmed by us. For manufacturing and transport reasons, we reserve the right to deliver up to 3% more or less than the quantity ordered. The customer shall accept reasonable partial deliveries.

5. Liability for defects
The customer must inspect the delivered goods immediately upon receipt. Obvious defects, quantity discrepancies or incorrect deliveries must be reported in writing before the delivered goods are combined, mixed or processed, but no later than 7 days after receipt of the goods; non-obvious defects must be reported within 7 days of their discovery. We must be given the opportunity to inspect the reported defects and to be present during sampling for material testing. Minor damage, colour deviations or efflorescence occurring during the manufacture, transport or processing of heavy clay products which do not significantly impair their normal usability, or breakage customary in the trade, cannot be objected to. In the event of a timely and justified complaint, we may, at our discretion, remedy the defect or deliver a new product. If replacement deliveries or repairs fail or require disproportionate effort, our customer may – without prejudice to any claims for damages under clause 6 of these terms of delivery and payment – withdraw from the contract or, after installation, demand a reduction in the purchase price.

6. Claims for damages and reimbursement of expenses
Claims not expressly granted in these terms and conditions, in particular claims for damages arising from impossibility, inability, delay, breach of ancillary contractual obligations, culpa in contrahendo, tort – even if such claims are related to the client's warranty rights (consequential damage) – are excluded, unless
a. the damage was caused intentionally or
b. through gross negligence by senior executives, or
c. contractual obligations were culpably breached, the non-compliance with which would jeopardise the achievement of the purpose of the contract.

In cases of the absence of warranted characteristics, the seller shall be liable to the extent that the warranty serves the purpose of protecting the client against the damage that has occurred.

7. Payment
Our invoices are due immediately and payable without deduction within 30 days of the invoice date. For payments made within 8 days of the invoice date, we grant a 2% discount on the value of the goods. The date on which we receive the payment (value date on the bank account) is decisive for the timeliness of the payment. In the event of late payment (after 30 days from the invoice date), we charge statutory default interest at a rate of 8% above the base rate in accordance with Section 247 of the German Civil Code (BGB). We reserve the right to claim further damages. If the delay in payment continues even after a reminder, we are entitled to make further deliveries only against advance payment. If there are justified doubts about the creditworthiness of our customer (e.g. persistent non-compliance with our terms of payment), we are also entitled to make further deliveries only against advance payment and to demand immediate payment of all outstanding invoice amounts, including those deferred, and immediate cash payment or security. This does not apply if our customer has justifiably complained about the delivery. Our customer may only offset our claims with undisputed or legally established counterclaims or exercise a right of retention.

8. Retention of title and securing of claims
The delivered goods remain our property (reserved goods) until all claims arising from the business relationship between us and the customer have been paid in full. The exercise of the retention of title does not simultaneously constitute a withdrawal from the purchase contract. Our customer is entitled to resell the goods subject to retention of title in the normal course of business. However, he is not permitted to pledge or transfer ownership of the goods by way of security. He is obliged to secure our rights to the goods subject to retention of title when reselling them on credit. Our customer's claims arising from the resale of the goods subject to retention of title are hereby assigned to us. Our customer remains entitled to collect the claim as long as they fulfil their obligations to us and do not fall into financial collapse. At our request, the customer must provide us with the information necessary for collection of the assigned claims, notify his debtors of the assignment and provide us with copies of the documents necessary for collection. Any processing or treatment of the goods subject to retention of title shall be carried out by the customer on our behalf without any obligations arising for us.
If the goods subject to retention of title are processed, combined, mixed or blended with other goods not belonging to us, we shall be entitled to co-ownership of the new item in proportion to the value of the goods subject to retention of title to the other processed goods at the time of processing, combining, mixing or blending. If our customer acquires sole ownership of the new goods, it is agreed that our customer shall grant us co-ownership of the new item in proportion to the value of the processed, combined, mixed or blended goods subject to retention of title and shall store them for us free of charge. If the goods subject to retention of title are resold together with other goods, whether without or after processing, combining, mixing or blending, the agreed advance assignment shall only apply to the invoice value of the goods subject to retention of title that are resold together with other goods. Our customer must inform us immediately of any enforcement measures or other access by third parties to the goods subject to retention of title or to the claims assigned in advance, handing over the documents necessary for intervention. In the same way, he is obliged to notify the creditors of our right of retention immediately. We undertake to release the securities granted to us in accordance with the above provisions at our discretion at the request of our customer to the extent that the value of the securities exceeds the claims to be secured by 10%. In the event of full payment of all our claims arising from the business relationship, ownership of the goods subject to retention of title and assigned claims shall automatically pass to our customer.

9. Place of performance and jurisdiction
The place of performance is the delivery plant. The place of jurisdiction is Emmerich or Bad Liebenwerda, provided that the requirements of § 38 ZPO (German Code of Civil Procedure) are met. All contractual relationships are governed exclusively by the laws of the Federal Republic of Germany.

10. Data protection
Our customer agrees that the personal data required within the framework of the contractual relationship will be stored centrally in compliance with the Federal Data Protection Act. The same applies to the offer data.

11. Final provision
Should individual provisions of these terms of delivery and payment be or become invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in addition.