General Terms and Conditions
1. Validity of the General Terms and Conditions
These terms and conditions apply to all business transactions of Carpet Concept Objekt-Teppichboden GmbH - hereinafter referred to as CC - with companies, cor-porate bodies under public law and public fund assets.
2. Conclusion of Contract
All quotations are non-binding.
A contract is concluded through the written order confirmation and refers to the content of this order confirmation. The order confirmation must be signed and returned immediately. After the start of production, changes/additions to the or-der are only possible by arrangement and will be remunerated separately.
Verbal agreements are only valid with written confirmation.
The buyer's rights from the contractual relationship are only transferable with prior written consent by CC.
3. Prices, freight and packaging
All prices are to be understood ex stock including packaging and freight within Germany, with the exception of the German islands. The quoted prices are calcu-lated in EURO at the prices valid on the day of dispatch plus the statutory VAT.
Delivery is free truck loading sill (free house) to a destination within Germany with the transport method most economical for CC. The customer shall be re-sponsible for disposing of the transport packaging. The packaging shall be in-voiced, if the customer requests a special type of packaging.
4. Delivery, transfer of risk
The delivery date indicated in the order confirmation is only approximate. It will be observed as far as possible. Claims for damages and/or reimbursement of ex-penses resulting from this are excluded.
Any risk is transferred to the buyer as soon as the goods leave the delivery ware-house of CC. If the goods are returned, the buyer bears all risk until CC receives the goods, regardless of the reason for the return. Returns shall only be reim-bursed if this was agreed upon in advance.
CC must be informed of transport damage immediately. In case of transport via forwarding agents, the damage must be confirmed by the forwarding agent on the bill of lading. For railway transport, a statement by railway officials about the damage must be requested and sent to CC immediately.
CAS Rooms products are always delivered disassembled into individual parts or handed over when you collect them yourself. The customer is responsible for assembly. Tools required for assembly are not part of the scope of delivery. CC reserves the right to assemble the products in an expert manner for inspection purposes and disassemble them again prior to shipping.
CC invoices are payable immediately.
CC reserves the right to accept or reject bills of exchange and cheques. Discount and bank charges are borne by the buyer.
In the event of default, the buyer shall owe the statutory interest rate of 8 % above the respective base rate.
The buyer is not authorised to offset or retain any invoice amounts due, unless the buyer's counter-claim is undisputed or has been determined to be effective.
6. Properties of the goods, deviations in dimensions
We guarantee that our goods are free of material defects.
CC confirms that the goods are free of defects.
The purchaser may only make qualified claims regarding the CC goods insofar as they can be reasonably or customarily made regarding goods of the same quality and price class as those ordered. It is agreed that the following are not consid-ered defects:
- Optical colour differences due to pile inversion (shading)
- Colour differences, which are to be classified according to grey scale DIN EN 20105 - A2 >3
- Dents from furniture and the like
- Deviations in quality, colour, thickness, weight, equipment and patterns etc. that are customary in the trade and are due to manufacturing technology.
- Production-related warping of sheet material that complies with the tolerance limits of DIN CEN/TS 14159
- Production-related warping of patterned tiles, which is less than +/- 5 mm per tile
- CAS Objects/CAS Connect/CAS Rooms - The production-related tolerances must be taken into account, see further tolerances in the technical data sheet. Any differences beyond this after assembly cannot be criticised.
Delivery is made in the delivery dimensions applicable to the product. In the case of rolls, length deviations of up to 10 % are regarded as normal. Width deviations of +/- 3 cm are production-related. In the case of orders with desired fixed dimen-sions or in special designs and colours, CC must reserve the right to slightly ex-ceed the dimensions for production reasons, namely: up to 200 sqm 7 %, up to 500 sqm 5 %, from 501 sqm 3 %, production-related sub-deliveries of up to 5 % are permissible in relation to the total order. Individual masses can be combined in rolls without consultation with the buyer.
Product-related tolerances in accordance with the technical data sheet do not constitute a defect.
7. Requirement to submit complaints regarding defects immediately
Complaints due to visible defects must be made in writing immediately after re-ceipt of the goods. Any objections can only be made to CAS Objects/CAS Con-nect/CAS Rooms prior to assembly. Discernible defects must be reported in writ-ing within 10 days. Complaints regarding hidden defects must be submitted within the same period after their occurrence and/or detection. After this period has elapsed, the buyer can no longer claim rights regarding this defect, unless CC maliciously failed to disclose the defect or has guaranteed the properties of the goods.
The same exclusion of liability shall apply in case of discernible defects, after cut-ting or other - also partial - processing of the goods.
If CC assembles the CAS Objects/CAS Connect/CAS Rooms product, any detected defects must be reported in writing to the fitter commissioned by CC.
8. CAS Objects/CAS Connect/CAS Rooms assembly
If the contract includes assembly of the product, the agreed price is to be under-stood as the price for one-time delivery and problem-free assembly. Should de-livery or assembly require several appointments for reasons for which the cus-tomer is responsible (e.g. construction delays, etc.), the customer must bear the incurred additional costs for delivery/travel, additional material costs and assem-bly time, etc. It is the customer's responsibility to ensure that transport paths are sufficiently dimensioned for unimpeded use at the time of delivery. The assembly costs include transport in the building to the ground floor. The use of special transport devices (external lifts, cranes, etc.) must be notified before the order is placed and shall be invoiced separately on a time and material basis.
Adaptation of the products to the on-site situation, if possible, are not contained in the price and shall be calculated separately on a time and material basis. This applies in particular if such adaptation work is not listed in the order confirma-tion issued by CC.
The products are delivered to the customer after preliminary cleaning. The cus-tomer is responsible for final cleaning.
Installation of electrical components such as lamps, fans, etc. and connection to the mains is not part of the services provided by CC. The customer is responsible for commissioning a specialist electrical company on their own behalf and at their own cost.
Should products be faulty CC has the right to rectify the defect or deliver a re-placement, at its own discretion.
The buyer may only demand a reduction in the purchase price or - in cases of significant defects - withdraw from the contract, if the rectification or replace-ment has failed or CC refuses to provide it. The same applies if the buyer sets CC a deadline, which must be at least 10 workdays, threatening to refuse the rectifi-cation/replacement delivery and the deadline has expired.
Any further claims for damages or reimbursement of expenses resulting from defects are excluded. In cases of force majeure - affecting CC or a supplier of CC - no liability will be accepted.
However, this exclusion does not apply, if CC maliciously failed to disclose the defect or have the properties of the goods guaranteed.
Furthermore, this exclusion also does not apply to liability for damage resulting from gross negligence or intent, nor for damage resulting in loss of life, limb or health due to grossly negligent violation of duty by CC. A deliberate or negligent violation of duty by legal representatives or vicarious agents of CC is equivalent to one committed by CC.
In addition, this exclusion does not apply to obligations by CC according to § 478 section 2 BGB (German civil code). However, in this case the claim for reimburse-ment of expenses is limited to the net price of the goods delivered.
10. Statute of limitation
Claims arising from defects are limited to 1 year after receipt of the goods. This limitation period also applies to items used for a structure in accordance with its intended purpose and which caused defects in this structure.
11. Reservation of title
Until all claims have been settled (including all outstanding balance claims from outstanding accounts) that CC is entitled to against the purchaser on any legal grounds at present or in the future, CC is granted the following securities, which CC may opt to waive on the buyer's request if their value exceeds the claims to be secured by more than 20 %.
The goods remain the property of CC. Any processing or transformation is always executed for CC as the manufacturers, but without any obligation on the part of CC. If the (co-)ownership of CC ceases to be effective due to inter linkage, it shall be agreed now that the (co-)ownership of the purchaser to the single item is transferred to CC in proportion to the value (invoice value). The purchaser shall keep the jointly held property of CC safe free of charge. Goods for which CC is entitled to (co-)ownership are hereinafter referred to as Reserved Goods.
The buyer has the right to process and to resell the Reserved Goods during the ordinary course of business as long as the buyer is not in default. Any pledges or assignment as security are not permitted. The buyer completely assigns any claims arising from the resale or any other legal grounds (in particular insurance, unauthorised action) with regard to the Reserved Goods (including all balance claims from outstanding accounts) to us now already by way of security. CC au-thorises the buyer in a revocable manner to collect any claims assigned to CC on their own behalf. The direct debit authorisation can only be revoked if the buyer does not duly comply with their obligations to pay.
Should third parties gain access to the Reserved Goods, the buyer shall inform the third parties of CC's title to the goods and inform CC immediately.
In case of breaches of contract by the buyer - in particular default of payment - CC is authorised to demand the Reserved Goods and/or assignment of the claims for return of the buyer against third parties. The buyer is obligated to return the goods to CC immediately.
12. Applicable law, partial invalidity, place of performance and place of jurisdiction
This contractual relationship is exclusively governed by German law, in particular in the case of deliveries abroad. The Vienna convention of the United Nations on Contracts for the International Sale of Goods (CISG) of 11/4/1980 and successor provisions do not apply.
Should individual clauses in these terms and conditions be or become invalid, this shall not affect the validity of the other clauses.
The place of performance and payment as well as jurisdiction for all disputes arising from this contractual relationship is Bielefeld. However, CC shall also be entitled to sue the buyer at the buyer's business location.
Rev. July 2020