General Terms & Conditions

1. Purchase Order

Any sale, delivery, or other legal transaction between Vendor and Buyer shall be subject to the exact terms and conditions stated below, irrespective of any conflicting terms of Buyer, regardless of whether or not Vendor objects to such specifically. Any other agreements or amendments to Vendor’s delivery and payment terms shall be valid only if confirmed by Vendor in writing.

Purchase orders shall be binding for the Buyer, and if preceded by an offer, such offer shall be valid and binding for six (6) weeks. Apparent errors in an offer are subject to correction before order acceptance. Oral or written agreements shall be valid only upon confirmation of their acceptance by Vendor in writing within two (2) weeks. An order placed with Vendor shall be deemed accepted only after Vendor’s confirmation in writing issued within two (2) weeks.

2. Shipping & Handling

Our products are shipped to our customers by different means. We decide on an individual basis or according to your wishes whether the goods are sent by air or sea transport. If you have any questions regarding the delivery system or would like more information concerning shipping possibilities, please call +27(12)346 6492.

Buyer shall bear all shipping and handling costs, risks, loss, or damage to the goods. In case of transportation damage, the following steps are mandatory: Upon delivery of the goods, the packaged boxes shall be inspected immediately for visible external damage, which must be noted on the shipping documents, and any hidden damage must be reported to the shipper and Vendor within four (4) days (Damage report). Damaged goods may not be returned without Vendor’s prior consent. Shipping charges are stated in Vendor’s offer or order confirmation.

3. Design Modifications, Deviations in Colours / Stains

Vendor shall not be liable for any claims of minor deviations in the goods’ dimensions, shapes, colours, or stains. Vendor shall deliver surface colour shades based on its colour charts valid at the time of order execution, and any other shades or specimen colours submitted by Buyer shall be subject to a surcharge, whereby Buyer is aware that a reasonable degree of deviation from the original colour is normal. Vendor reserves all rights to implement technical improvements.

4. Delivery Schedule

The schedule for delivery of goods shall be calculated from the order confirmation date until shipping from Vendor’s plant. Vendor shall use reasonable efforts to deliver on the date set forth in the order confirmation, which is non-binding. Buyer may revoke the order only if Vendor is in default or if the goods are defective pursuant to statutory provisions. If Vendor is in default, Buyer shall notify Vendor upon request within a reasonable period as to whether it intends to revoke the order as a consequence of the default or whether it still prefers delivery of the goods. Vendor shall not be liable to Buyer for delays or cancellation of all or any part of the order as a result of strikes, labor disputes, suspension of operations, acts of God, or other hindrances beyond Vendor’s control. Buyer shall be obligated to accept the goods within fourteen (14) days of the confirmed delivery date for orders placed at Buyer’s request, whereby such request must be made at least six (6) weeks in advance of the desired delivery date.

5. Notification of Defects

No warranty claims may be filed for minor deviations from the contractually agreed upon characteristics or minor limitations in usability of the goods. Claims for perceptible defects shall be considered only if Vendor is notified in writing within one (1) week following receipt of goods by Buyer.

Transportation damage shall be treated as described under shipping and handling above. Vendor’s acknowledgment of a claim shall not be deemed a waiver of its right to either produce the goods correctly or replace them. Damaged goods may not be returned without Vendor’s express consent.

6. Payment Terms

Payment Terms are stated in Vendor’s offer or order confirmation. No forms of deductions (shipping and handling etc.) are allowed. Repairs shall be deemed ineffective only after two unsuccessful attempts.

7. Place of Jurisdiction and Performance

Eichenzell (Germany) shall be the place of performance for commercial transactions. The Regional Court of Fulda shall be the exclusive place of jurisdiction for any disputes that arise from or in connection with this relationship, including any bills of exchange or checks, provided the matter relates to commercial transactions.

8. Other Provisions

If any provision is held to be invalid, the remaining shall continue in full force and effect, with the invalid provision being binding in the form in which it reflects and seeks to enforce the relevant statutes.