General Terms of Sale, Delivery and Payment of Rauriser Natursteinzentrum GmbH
1.) Rauriser Natursteinzentrum GmbH sells and supplies natural stone products exclusively under these General Terms. These terms are acknowledged upon ordering and form part of the agreement. In case of conflicting terms, our terms exclusively govern.
Ambiguities in contract interpretation shall be settled according to standard commercial stone trade practices.
2.) Our quotations remain valid for 60 calendar days. A binding contract takes effect only upon issuance of our written order confirmation.
3.) Protection of Plans, Technical Documentation & Secrecy: All architectural drawings, calculations, custom CAD designs, and samples remain our exclusive intellectual property.
Any unauthorized copying, sharing, or publishing requires our explicit written consent.
4.) Pricing: Unless expressly agreed in writing, services and stone cutting are invoiced according to actual expenditure at the applicable rates on the date of execution.
5.) Payment Terms: Invoices are payable net upon delivery or strictly within 14 calendar days without deduction.
6.) Default Interest: In case of payment delay, statutory default interest applies without prejudice to further proven claims.
7.) Loss of Installment Terms: If installment plans are granted, default on any single payment immediately accelerates all outstanding amounts.
8.) Cost Estimates: Cost estimates are prepared with expert diligence. The client will be promptly notified if unforeseen increases exceeding 15% arise.
Variations within 15% are deemed acceptable without separate advance notification.
Fee charges for detailed estimates will be credited in full towards orders resulting from that estimate.
9.) Reminder & Recovery Expenses: The debtor shall reimburse all reasonable reminder and debt collection costs incurred through non-payment.
Internal collection reminders incur a standardized processing fee per reminder notice.
10.) Value Maintenance Clause: If raw quarrying, material, labour, transport, or energy costs alter noticeably, prices may be adjusted proportionally.
11.) Shipping & Risk of Loss: Unless agreed otherwise, shipping charges and risk of damage in transit are borne by
the customer. Force majeure events (quarry extraction halts, extreme Alpine weather, strikes)
extend delivery schedules by the duration of the operational disruption.
without penalty.
12.) Retention of Title: Delivered stone remains our sole property until invoice balances are settled in full.
Enforcing retention of title does not constitute termination of contract unless stated in writing.
13.) Place of Performance: Place of performance is the headquarters of Rauriser Natursteinzentrum GmbH, 5661 Rauris, Austria.
14.) Delivery Delays & Default: Minor delivery deviations owing to natural stone extraction timelines must be tolerated by the client.
Invoices remain payable on the contractual due date without deductions.
15.) Default of Acceptance: Failure by the customer to accept delivery allows us to store the goods at the customer's expense and risk.
16.) Cancellation Fees: Standard order cancellations incur a 15% fee. Custom-cut or CNC-machined natural stone cannot be cancelled or returned.
17.) Natural Characteristics of Genuine Stone: Reasonable technical adjustments in performance must be accepted by the buyer.
Because natural stone is a product of geological nature, natural variations in colour, veining, shading, and crystalline mineral structures are authentic characteristics of genuine stone and do not constitute grounds for complaint.
18.) Restocking & Return Handling: A 20% restocking fee applies to authorized returns of standard catalogue stock, plus packaging and transport.
19.) Warranty: Warranty obligations will be satisfied at our discretion through remediation, replacement, or price adjustment.
Apparent discrepancies must be notified in writing within 3 business days of receipt of delivery.
20.) Limitation of Liability: Liability for slight negligence is excluded, without prejudice to mandatory statutory claims for personal injury.
21.) Product Liability: Recourse claims under the Product Liability Act are excluded unless gross negligence is legally proven.
22.) Prohibition of Set-Off: Set-off with claims against our invoices is excluded unless recognized by final court judgment.
23.) Prohibition of Assignment: Claims against us may not be assigned without our prior written approval.
24.) Retention of Payments: Justified claims entitle retention only of an amount proportionate to the alleged defect.
25.) Written Form Requirement: All ancillary agreements, modifications, or waivers require written form to be valid.
26.) Governing Law: This contract is governed exclusively by Austrian substantive law, excluding the UN CISG.
27.) Jurisdiction & Venue: The competent courts of Zell am See or Salzburg, Austria shall have exclusive jurisdiction over all disputes.