Terms & Conditions
General Terms and Conditions
Carpet Concept and Ege Carpets Objekt-Teppichboden
Bunzlauer Straße 7
Ege Carpets DACH GmbH
- hereinafter referred to as Seller -
Validity of the General Terms and Conditions
These terms and conditions apply to all business transactions of the Seller with companies, corporate bodies under public law and special funds under public law. All deliveries and services of the Seller are subject to the following terms and conditions. The Seller shall not accept terms and conditions of the buyer, unless the Seller or an authorised representative has explicitly approved of these in writing. This also applies if the Seller effects performance without reservation despite being aware of terms and conditions that are contrary to or deviate from these Terms and Conditions.
Conclusion of the contract, place of performance
All quotations are non-binding. The place of performance for all services related to the contract is the Seller’s registered place of business.
A contract is concluded through the written order confirmation/placing of the order. After the start of production, changes/additions or cancellation of the or-der are no longer possible.
Verbal agreements are only valid with written confirmation by the Seller.
The buyer's rights from the contractual relationship are only transferable with prior written consent by the Seller.
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 (carriage paid) to a destination within Germany with the transport method most economical for the Seller. The customer shall be responsible for disposing of the transport packaging. The packaging shall be in-voiced, if the customer requests a special type of packaging.
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.
In the event of force majeure - labour dispute measures for which a party is not responsible and other operating disruptions outside of the party’s control with a duration or expected duration of over a week - the delivery and acceptance dead-line shall be extended by the duration of the disruption. This extension shall only apply if the other party is immediately informed of the cause of the disruption as soon as it is clear that adherence to the delivery or acceptance deadline is not possible. In this case, no claims for damages shall be accepted.
Any risk is transferred to the buyer as soon as the goods leave the Seller’s delivery warehouse. If the goods are returned, the buyer bears all transport costs and risk
until the Seller receives the goods, regardless of the reason for the return. Re-turns shall only be reimbursed if this was explicitly agreed upon and approved in advance.
The Seller must be informed of transport damage immediately. In case of transport via forwarding agents, the damage must be confirmed by the forward-ing agent on the bill of lading.
CAS Rooms products are always delivered - or in the case of pick-up handed over - disassembled into individual parts. The customer is responsible for assembly. Tools required for assembly are not part of the scope of delivery. The Seller re-serves the right to assemble the products in an expert manner for inspection pur-poses and disassemble them again prior to shipping.
The Seller’s invoices are payable immediately.
The Seller reserves the right to accept or reject bills of exchange and cheques. Fees of any type shall be 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.
Properties of the goods, deviations in dimensions
The Seller confirms that the goods are free of defects.
The buyer may only make qualified claims regarding the Seller’s 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
- all other tolerances listed in the valid standards
- CAS Objects/CAS Connect/CAS Rooms - The production-related tolerances must be taken into account, see further tolerances in the technical data sheet. No complaints regarding differences beyond the above shall be accepted after assembly.
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, the Seller reserves the right to slightly exceed 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 % based on the total order are permissible.
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.
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 with-out delay after their occurrence and/or detection. After this period has elapsed, the buyer can no longer claim rights regarding a defect, unless the Seller mali-ciously 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.
Should the Seller assemble the CAS Objects/CAS Connect/CAS Rooms product, any detected defects must be reported in writing to the fitter commissioned by the Seller.
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, is not included in the price by default and shall be invoiced separately based on work hours and material. This applies in particular if such adaptation work is not listed in the order confirmation issued by the Seller.
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 the Seller. The customer is re-sponsible for commissioning a specialist electrical company on their own behalf and at their own cost.
Should products be faulty, the Seller has the right to rectify the defect or deliver a replacement, 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 the Seller refuses to provide it. The same applies if the buyer sets the Seller a deadline, which must be at least 10 workdays, threatening to refuse the rectification/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 the Seller or one of the Seller’s suppliers - no liability shall be accepted.
However, this exclusion does not apply, if the Seller maliciously failed to disclose the defect or the properties of the goods were 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 the Seller. A deliberate or negligent violation of duty by legal representatives or vicarious agents of the Seller is equivalent to one committed by the Seller.
In addition, this exclusion does not apply to obligations by the Seller according to § 478 section 2 BGB (German civil code). However, in this case the claim for reimbursement of expenses is limited to the net price of the goods delivered.
No claims for damages by the buyer shall be accepted, unless provided for oth-erwise in these Terms and Conditions. This exclusion of liability does not apply in the case of gross negligence by proprietors, legal representatives and execu-tive employees, malicious intent, non-adherence to a granted guarantee, culpa-ble violation of life, body or health or culpable violation of major contractual obligations. Major contractual obligations are those whose performance defines the contract and on which the buyer must be able to rely. However, claims for damages based on violation of major contractual obligations are limited to the contract-typical and foreseeable amount. The aforementioned provisions do not imply a transfer of the burden of proof to the buyer’s detriment.
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.
Reservation of title
Until all claims have been settled (including all outstanding balance claims from outstanding accounts) that the Seller is entitled to against the buyer on any legal grounds at present or in the future, the Seller is granted the following securities, which the Seller may opt to waive on the buyer's request if their value exceeds the claims to be secured by more than 20 %.
The goods shall remain the Seller’s property until full payment of all claims from delivery of the goods, including any incidental claims, claims for damages and cashing of cheques and bills of exchange. This reservation of proprietary rights shall persist, even if individual claims by the Seller are added to an ongoing in-voice and the account is balanced and confirmed.
Any processing or transformation is always executed for the Seller as the manu-facturer, but without any obligation on the part of the Seller. If the (co-)owner-ship of the Seller ceases to be effective due to connection with the building etc., it shall be agreed now that the (co-)ownership of the buyer to the single item is transferred to the Seller in proportion to the value (invoice value). The buyer shall keep the jointly held property of the Seller safe free of charge. Goods for which the Seller 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 the Seller now already by way of security. The Seller authorises the buyer in a revocable manner to collect any claims as-signed to the Seller on their own behalf. This authorisation to collect 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 the Seller's title to the goods and inform the Seller immedi-ately.
The buyer shall keep the Reserved Goods safe free of charge on behalf of the Seller. The buyer is obligated to insure the Reserved Goods against the usual risks e.g. fire, theft and water, to the usual extent. The buyer hereby assigns any claims for compensation related to damage of the above kind against insurance compa-nies or other parties obligated to pay compensation to the Seller in the amount of the invoice value. The Seller accepts this assignment.
In case of breaches of contract by the buyer - in particular default of payment - the Seller 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 re-turn the goods to the Seller immediately.
The buyer shall immediately inform the Seller of any garnishments, indicating the garnisher.
Applicable law, partial invalidity, place of performance and place of juris-diction
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, the Seller shall also be entitled to sue the buyer at the buyer's business location.
Last revised May 2021