General Terms and Conditions

1. Scope

The following terms of delivery and payment form part of our offers and contracts for the supply of goods and services. They apply to all buyers, purchasers or clients, and likewise to all subsequent transactions within an ongoing or future business relationship, even if not expressly referred to again at a later conclusion of contract. Any conflicting purchasing conditions are invalid.

2. Natural Stone Characteristics (Samples, Colours, Material Properties, etc.)

Samples are non-binding and only reflect the general appearance of the stone. Hand samples can never convey all the properties and variations in colour, pattern and structure of natural stone. We accept no liability for the colour variations and veining typically found in natural stone, nor for natural characteristics such as open pockets, black specks, pores, fissures, quartz veins, crystals, fossils or other petrifactions, as these do not constitute a reduction in the value of the natural stone. For marble, filling, reinforcement with backing slabs (doubling), or reinforcement with mesh or clamps is unavoidable depending on the nature of the particular marble; without this, the natural stone could not be processed into natural stone products at all. For cleavable materials such as slate and quartzite slabs, thickness tolerances of 20 percent are necessary.

We would like to point out that efflorescence may occur on certain natural stone surfaces after installation. We therefore recommend laying only with washed sand and trass cement! In addition, floor insulation against moisture must always be carried out. No guarantee can be given against efflorescence, as this is a natural material. Many materials are not frost-resistant when installed outdoors. Likewise, no guarantee can be given for frost resistance. We therefore recommend enquiring about the material's properties in advance.

3. Sample Slabs

Small hand samples from stock are available free of charge at any time. Original sample slabs are invoiced, with the amount refunded upon placement of an order.

4. Samples, Colours, Thickness and Weight

Natural stone slabs can never be supplied entirely uniform in colour, thickness and finish – not even when delivery is to be made according to submitted average samples. A tolerance of at least 10% must be allowed for thickness in addition to the prescribed margin.

5. Freight and Weight Information

is provided based on experience values and is non-binding for us.

6. Orders Based on Plans and Sketches

must include the exact quantity and size of the slabs required, as without this information we cannot accept liability for their accuracy.

7. In the Event of Defects

we have the right, at our discretion, to remedy the defect or to provide a replacement.

8. Complaints

From merchants within the meaning of the German Commercial Code (HGB), all identifiable defects, shortfalls or incorrect deliveries must be reported immediately, but no later than 8 days after receipt of the goods! Buyers who are not merchants must report all obvious defects, shortfalls or incorrect deliveries in writing within two weeks of receiving the goods, and in any case before further processing, installation or laying! Inspection of the goods must take place immediately upon collection or delivery. Defects not reported in time are irrevocably deemed accepted; subsequent complaints regarding material that has already been processed, installed or laid are excluded – including with regard to later discolouration or efflorescence of the stone.

Notwithstanding any complaints, our invoices are to be paid on the due date in the agreed manner. The buyer must assert any rights arising from alleged defects separately. Even in the case of a justified complaint, we reject any claims for lost wages, loss of profit or similar. Inspection of the goods must always take place before laying. Complaints regarding material that has already been laid can under no circumstances be accepted.

9. Passing of Risk

The risk of accidental loss of or damage to the goods passes to the buyer as soon as the goods are ready for dispatch or handover at our works. This also applies where delivery of the goods by us has been agreed. In the event of a failed or delayed delivery of goods for which the buyer is responsible, in particular where waiting times arise at our expense, we are entitled to demand reimbursement of costs.

10. Offers & Conclusion of Contract

Our offers are subject to change and non-binding: interim sale remains reserved. Offers are subject to final conclusion of contract only through our written order confirmation. Deviating terms and conditions stated in the orderer's letters are valid only if accepted by us in writing. All verbal or telephone statements, as well as all statements made by our employees and representatives and any agreements reached by them, require our written confirmation to be effective.

11. Prices

are understood to be non-binding, in euros plus VAT, ex warehouse. Where an increase in material production costs occurs for reasons beyond our control, we reserve the right to adjust prices accordingly.

12. Availability for Delivery

All orders are accepted subject to availability for delivery. Events of force majeure such as strikes, plant shutdowns, operational disruptions, shortages of wagons or containers, rail blockages, problems at the quarries or third-party works, as well as in the procurement of the necessary raw material, and other unforeseen events, release us from delivery obligations we have entered into. During the offer phase, delivery times are to be regarded only as approximate and begin only after the order has been placed. Delivery times will of course be met punctually wherever possible. We expressly reject penalties for delay or other claims due to late delivery as a matter of principle. No right of withdrawal from the contract can be derived from a delayed delivery.

13. Packaging

is charged at the lowest possible rate and is not taken back.

14. Shipping

takes place expressly for the account and at the risk of the orderer, without liability for breakage, theft or the like. The same applies to the acceptance of carriage-paid (franco) deliveries. The risk of breakage is not included. The note "Inadequately packaged" on consignment notes is prescribed by the railway authorities and does not render us liable for breakage damage.

15. Transport Damage

If damage to the consignment is identified upon arrival, the recipient should have this confirmed immediately on the consignment note. For shipments by truck, a report must be drawn up recording the extent of the damage in detail. This report must be signed by the driver. The terms of our insurance are decisive for any compensation. Transport insurance can be arranged on request, charged in addition to the approximate freight cost, at the orderer's expense.

16. Payment

is governed by the payment terms stated on the invoice. In the case of payment by three-month acceptance, the buyer bears the discount charges (expense-free acceptance). We reserve the right to demand advance payment in cash or the provision of security, even for already confirmed orders, prior to dispatch of the goods, where this enables us, at our discretion, to secure the agreed purchase amount. In the case of payment by bill of exchange or cheque, we accept no liability for timely presentation and protest. We reserve the right to return or allow lapse without reimbursement of discount charges and to pursue the claims. In the event of default in payment, we reserve the right to charge bank interest. We are entitled, notwithstanding any differing instruction from the buyer, to apply payments first against the buyer's older debts. Where costs and interest have already accrued, we are entitled to apply payments first to costs, then to interest, and lastly to the principal claim. Our claims – even where deferred – become immediately due as soon as the orderer defaults on the fulfilment of one or more obligations, bills of exchange or cheques are protested, the orderer suspends payments, becomes over-indebted, composition or insolvency proceedings over their assets are applied for or opened, or such opening is refused for lack of assets. In the cases named above, we are entitled to reclaim goods delivered subject to retention of title and to withdraw from the contract. We reserve the unrestricted right to assign our claims to third parties.

17. Retention of Title

The buyer expressly acknowledges that the following retention of title applies as agreed for all our deliveries. We retain title to the delivered goods until payment of the purchase price and any accrued interest and costs has been made in full. The retention of title continues to apply, in the case of payment by bill of exchange or cheque, until these have been fully honoured. As long as our title has not lapsed, any resale or any processing or handling by the buyer is carried out on our behalf as our agent, without the buyer acquiring any claim against us as a result. If the buyer sells our goods or incorporates them into a property, they hereby assign to us in advance the resulting purchase-price or work-remuneration claim against the third party, together with all ancillary rights, arising from the sale or incorporation. The buyer must notify us of this without being requested to do so. They are obliged, at our request, to disclose the assignment to the third party and to provide us with proof thereof. Should the assigned claim exceed our claim by more than 20%, we undertake to release the excess amount of the buyer's claim upon request.

The buyer is obliged to notify us immediately of any access by third parties to the goods delivered subject to retention of title or to the claims owed to us. They are further obliged to provide us, on request, with all information and documents required to safeguard our rights. In particular, they must inform us of the names and addresses of the debtors of assigned claims and notify the debtor of the assignment. The buyer is further obliged to issue us with a document evidencing the assignment. The retention of title under the above provisions also continues to apply where our claim is included in a running account and the balance is drawn and acknowledged. Prior to payment of due invoice amounts, the seller is not obliged to make any further delivery. Should the buyer be in default with a due payment, the seller may demand cash payment in advance of delivery for all outstanding deliveries from all transactions.

18. Data Protection

The buyer is hereby informed, in accordance with Section 33 of the German Federal Data Protection Act, that the seller processes by machine the buyer's full address and other information related to the purchase contract, insofar as this is relevant to the proper performance of the contract. Confidential handling of data is guaranteed.

19. Liability

Claims for damages of any kind, regardless of legal basis, are excluded, unless CAMT GmbH is guilty of intent or gross negligence. Claims for compensation for loss of profit, failed savings or consequential costs are excluded.

20. German Law Applies.

The exclusive place of jurisdiction is the court responsible for Dresden. Where the buyer's registered office is outside Germany, the seller may also choose the court with jurisdiction over the buyer.

Subject to change.