These terms and conditions apply to the products of KIXBERLIN and our customised versions on behalf of our customers. Terms deviating from these general terms and conditions can only be recognised when agreed to in writing before contract.
2. Product Quotes & Documents
We put together all product quotes to the best of our knowledge. Quotes are only binding when made made in writing. Any verbal agreements are valid only after written confirmation. Our quotes, unless otherwise stated, are valid for 45 days. Any plans, drawings, designs or special individual arrangements created in the context of the quote remain our exclusive intellectual property. They may not be made accessible to third parties nor used by the client himself or third parties without our written consent.
All prices for the products sold by us exclude, unless stated otherwise, packing and (if necessary, registered) delivery and value added tax and / or sales tax. All prices for our products can be found in the price list. When indicated, prices applying to individual construction contracts are only binding for the designated projects in the respective contract.
4. Delivery and liability in case of delays, damage or loss
Products will be delivered as agreed to upon order placement.
Delivery times are subject to alteration unless a binding delivery date has been agreed to in writing. Delivery can be made as soon as the order has been confirmed but not before any appropriate revision or clarification of technical and commercial arrangements. Orders are valid after payment of the full invoice amount. Stated delivery times are thus based on the date of receipt of payment, provided that all technical and commercial arrangements have been clarified.
Deliveries before this date are possible but only after consultation with respective customers.Any claims for compensation for delays in delivery can only be considered in the case of malicious intent or gross negligence. Our delivery obligation ceases to apply in the case of delayed payment by the customer. The risk of accidental loss of and / or accidental damage to the product(s) during deli- very is transferred to the customer as soon as the carrier accepts the product(s) for delivery, or directly to the customer if he / she chooses to collect in person.
5. Payment and Conditional sales agreements
The valid prices are those stated in the invoice at the time of contract completion. For the first order placed, the total gross amount is to be paid in advance. From the second order onwards, payments are to be made in accordance with the individually agreed pay- ment schedule. In the case of an individually agreed payment schedule, payment is required within 10 days of receiving the invoice. If the customer fails to make the required payment after more than 30 days after receiving the goods, we are entitled to charge interest at the rate of 10% p.a. in addition to the original invoice price.
All deliveries are subject to conditional sale. The customer’s ownership of the product is valid only after fulfilling all obligations towards us concerning all respective products, deliveries and additional services. The customer must handle the goods with care until full payment has been completed. In the case of seizure or other interventions by third parties he must inform us immediately.
6. Product features of concrete, defects, warranty
Concrete is a natural material. Even when produced under identical production conditions, concrete is subject to natural variations relating to colour and surface texture. Specimens give only a general orientation for the end product and cannot be exactly repro- duced. Large-scale diagrams or models cannot be exactly reproduced in the small-scale end product. Small air pockets, thin hairline cracks and slightly irregular rough edges may appear. These are inherent characteristics of concrete and are therefore desirable visual aspects which prove the quality of our concrete products and cannot be considered to be flaws. Production follows the para- meters of the written contract. We guarantee the best possible and appropriate production using the best, most state-of-the art technology for high-quality concrete.
By nature, all concrete products have capillaric and alcaline surfaces and therefore tend to absorb and release liquids, even after sealing treatments. The weathering of the concrete surfaces through individual use is also a natural and desirable process and an additional indicator of quality and cannot be considered a flaw. Independent of any sealers, concrete products should be protec- ted against the influence of acids and coloured liquids, since these may react with the concrete, causing permanent changes to its appearance. Any sealer or surface treatments may alter the nature of surface structure, texture and colouration. Such treatments may be specified by the customer, but in doing so he acknowledges that the aforementioned changes in appearance are possible.
Special customised versions of our concrete products with particular specifications can be executed only in accordance with the technical parameters specified by us. In particular, the integration of corporate logos or “labels” requires fonts and font size para- meters that may have technical limitations. The integration of such features must be clarified with us individually (please refer to the information sheet “technical parameters”).
Any complaints must be made immediately after receiving the products. The customer must inspect the goods immediately after delivery. Any noticeable quality defects or quantity inaccuracies must be made known to us immediately and at the very latest before any reuse or resale.
7. Product features KIXBERLIN
All products offered by KIXBERLIN are developed exclusively by hand in Berlin. This ensures that even with batch production, each product is unique. All products are engraved with the “KIXBERLIN” label.
8. Place of fulfillment and jurisdiction
Place of fulfilment and jurisdiction for all disputes arising from our contracts is Berlin, the location of our company headquarters. German law applies for our contractual relationships.
9. Final clause
If any clauses of these terms and conditions are or become fully or partially invalid, the validity of the remaining clauses remain unaffected.