General Terms and Conditions of Business and Delivery

Pölzl GmbH (hereinafter “Pölzl”)

 

1. General Information

(a) These Terms and Conditions of Business and Delivery apply to all deliveries of goods, as well as to services provided independently or in connection with the delivery of goods.

(b) These Terms and Conditions of Business and Delivery also serve as the legal basis for all subsequent transactions, even if they are not specifically agreed upon with the contracting party each time. Upon conclusion of the principal transaction, they shall be deemed agreed upon for any subsequent orders or legal transactions as well, without the need for any further agreement or confirmation.

c) The contracting party’s terms and conditions shall have no effect on the legal transaction in question, and Pölzl hereby expressly rejects the applicability of any third-party terms and conditions. Such terms and conditions shall only apply if they have been expressly recognized or approved in writing by Pölzl. Pölzl generally enters into contracts only on its own terms and conditions, and the contracting party automatically agrees to the validity of Pölzl’s terms and conditions unless such agreement is revoked within 7 days of the order being placed.

d) All verbal, telephone, and electronic (email, fax, etc.) statements, or statements of any other nature, as well as all statements of any kind made by Pölzl’s representatives, and any agreements entered into or orders accepted by them, require written confirmation from Pölzl to be valid. Verbal or other commitments that have not been confirmed in writing by Pölzl shall be deemed provisionally ineffective until a final statement is issued by Pölzl. In the event of silence on the part of Pölzl for a period of 14 days following a written request by the contracting party for a statement from Pölzl as to whether an agreement is deemed approved, such silence shall be deemed a rejection.

 

2. Validity of the Contract

(a) All contracts and agreements are legally binding only if they have been confirmed in writing by Pölzl and signed with the company seal.

(b) Sending a message by email is sufficient to satisfy the written form requirement.

(c) Verbal agreements are valid only if confirmed in writing by Pölzl. In this regard, please refer to Section 1.d.

 

3. Offers

(a) Quotations are based on the calculation documents (drawings, dimensions) provided by the client or an authorized representative.

b) Any change to these cost estimates will also result in a change to the bid.

c) Pölzl must be notified in writing of any changes to the cost estimate documents.

(d) Offers made by Pölzl are generally subject to change.

 

4. Sample

a) Samples can only show the general color and texture of the stone, because they never encompass all the variations in color, texture, and structure.

b) We reserve the right to make changes that are inherent to the nature of the stone.

 

5. Material Properties

a) The stone to be used is selected so that its color and texture match as closely as possible.

b) Variations and irregularities in color, texture, spots, veins, pores, open areas, inclusions, shades, etc., are not material defects or flaws, but rather natural characteristics and do not constitute grounds for complaint.

(c) The other party may not classify defects in the stone that have been properly repaired as defects.

(d) Minor dimensional deviations that do not affect the precise fit or the correct proportions do not constitute grounds for a complaint.

 

6. Service Provision

(a) Pölzl shall endeavor to meet the agreed deadlines for performance as closely as possible.

(b) Services may be provided, at Pölzl’s discretion, either by Pölzl’s own employees or by independent third parties acting on Pölzl’s behalf.

(c) If the delivery can be divided into parts, Pölzl may also make it in installments.

d) The contracting party shall ensure that Pölzl receives, in a timely manner and without specific request, all documents necessary for the fulfillment and performance of the contract, and that Pölzl is informed of all events and circumstances relevant to the performance of the contract. This also applies to all documents, events, and circumstances that come to light only during the course of Pölzl’s work. Likewise, the contracting party must establish the organizational framework necessary for the provision of services.

(e) If the performance of the order is prevented after the contract has been signed by the contracting party, Pölzl shall be entitled to insist on performance or to claim damages in the amount of the total fee and beyond.

(f) If the order is not carried out due to circumstances that constitute good cause on the part of Pölzl, Pölzl shall be entitled only to that portion of the remuneration corresponding to the services rendered to date. This applies in particular if, despite termination, the services rendered to date are of use to the contracting party.

 

7. Delivery Times

(a) Delivery periods begin upon dispatch of the order confirmation, but not before the contracting party has provided the documents, permits, approvals, and any down payments to be made, which are agreed upon separately.

b) The agreed delivery times shall be extended appropriately in the event of unforeseen obstacles, such as force majeure, operational disruptions at Pölzl, or delays in the delivery of raw materials, or material defects (scrap, etc.); such an extension shall be deemed agreed upon by the contracting parties.

(c) Any breaches of these terms entitle the other party to claim damages only in cases of gross negligence, and only if, upon such a breach, a reasonable grace period was set in writing and was not met.

(d) Partial deliveries are permitted.

 

8. Transportation and Risk

a) Delivery is agreed upon ex works Pölzl.

(b) Transportation, including loading of the shipment, shall be at the risk and expense of the contracting party.

(c) In all cases, the risk passes to the customer upon the goods leaving the Pölzl workshop.

(d) Delivery to the construction site or to the warehouse means that the supplier is not responsible for unloading.

e) Unless otherwise agreed, the method and means of shipment shall be at Pölzl’s discretion.

 

9. Prices

a) Unless otherwise agreed, the prices and payment terms set forth in the order confirmation shall apply.

b) All prices are listed net, plus the applicable sales tax at the time of delivery.

(c) If subsequent changes to the bid documents are requested or necessary, or if there are changes in dimensions, quantity, weight, processing, or other factors, Pölzl shall be entitled to adjust the price accordingly and to invoice in accordance with VOB DIN 18332 or the applicable Austrian standards.

(d) Individual prices shall always apply, even if a total price is stated in the offer.

e) Since prices are based on current production costs, we reserve the right to adjust or recalculate the quoted price until the next wage increase.

 

10. Dimensioning

a) Workpieces with an area of less than 0.10 m² will always be billed as a full 0.10 m². In addition, a minimum length of 60 cm and a minimum width of 16 cm must be taken into account. This is deemed to have been agreed upon even in the absence of a specific agreement.

 

11. Payment

(a) Payments shall be made in accordance with the terms set forth in the order confirmation.

b) Compliance with the agreed payment terms is an essential condition for Pölzl to carry out the delivery and/or service. In the event of non-compliance with the agreed payment terms, Pölzl is entitled to suspend all activities and deliveries and to withdraw from the contract. Pölzl reserves the right to assert further claims for full performance and payment, as well as for damages.

(c) For orders comprising multiple units, Pölzl is entitled to issue an invoice after delivery of each individual unit or service.

(d) The payment terms specified for the entire order apply equally to partial invoices.

e) Unless otherwise agreed in writing, payment must be made within 14 days at the latest, without any deductions.

(f) We reserve the right to require cash on delivery, down payments, or advance payments.

g) If the payment term is exceeded, late payment interest of 12% will be charged.

 

12. Acceptance and Notices of Defects

a) The contracting party must immediately inspect deliveries and services of the same type to ensure their accuracy and quality. Notices of defects must be submitted without delay.

b) Defects may be remedied, at Pölzl’s discretion, either by repair or by replacement.

(c) If, under the circumstances, it is impossible to remedy a defect or if doing so would entail a disproportionately high cost, Pölzl may refuse to do so. In such a case, and if the attempt at repair fails, the contracting party may only request a price reduction, unless Pölzl agrees to rescind the contract.

 

13. Warranty

(a) The contracting party’s warranty claims are limited to repair, price reduction, and replacement of missing items.

(b) The contracting party is not entitled to refuse acceptance, deliveries, or services solely on the grounds of minor defects.

c) Pölzl shall not be held liable for delays in delivery or performance, or for cost increases resulting from incorrect, incomplete, or subsequently modified details, information, or documents provided, and such circumstances shall not constitute a default on the part of Pölzl. Any resulting additional costs shall be borne by the contracting party.

(d) In the event of an unjustified assertion of warranty claims, Pölzl is entitled to bill the contracting party for the costs incurred at the applicable rates.

 

14. Liability

(a) Pölzl’s liability for damages resulting from ordinary negligence is expressly excluded. This does not apply to personal injury.

b) Likewise, we shall not be liable for damages resulting from improper handling, abnormal operating conditions, damage during transport, inadequate organizational conditions, or incomplete documentation.

(c) To the extent permitted by law, liability for consequential damages, economic losses, lost interest, and damages arising from third-party claims against Pölzl is excluded in all cases.

(d) Claims for damages shall in any event become time-barred one year after the delivery or service has been provided. Such claims are limited to the invoice amount for the delivery or service that gave rise to the claim for damages.

 

15. Retention of Title

(a) Pölzl retains title to the delivered products and to any products resulting from their processing or treatment until all claims against the contracting party, whether currently existing or arising in the future, have been satisfied.

(b) The retention of title also applies to any funds received by the contracting party from the sale of goods and services provided by Pölzl. The contracting party is obligated to keep these funds in separate custody and to notify Pölzl of and disclose these separately held funds.

c) Pölzl must be notified immediately of any actions that could jeopardize the retention of title.

(d) The contracting party shall bear all costs associated with any interventions and defensive measures that Pölzl deems necessary.

(e) If the contracting party defaults on payment, Pölzl shall be entitled, without further notice, to take possession of its property and remove it at the contracting party’s expense, without this constituting a withdrawal from the purchase agreement. The repossession is carried out solely to secure Pölzl’s claims. The contracting party remains obligated to fulfill its obligations.

 

16. Copyright and Intellectual Property Rights

a) Designs and ideas may not be implemented by third parties without the written consent of Pölzl.

(b) Drawings, photographs, reproductions, and similar materials, as well as models, designs, and work processes belonging to Pölzl, may not be reproduced or made available to third parties.

(c) Imitations, including those with minor changes in shape and proportions, are not permitted.

(d) In the event of a breach of the obligations set forth in (a) through (c), the contracting party shall be liable for any resulting damages. The contracting party must ensure that any third parties it engages (e.g., planners, subcontractors, employees) also comply with these provisions, and shall be liable for their breaches as if they were its own actions.

 

17. Loyalty and Confidentiality

(a) The parties agree to act in good faith toward one another.

(b) You further agree to keep confidential any information of any kind concerning the other party to this agreement and not to disclose any data or documents of any kind to unauthorized third parties.

(c) This obligation must also be imposed on third parties who are involved in the performance of the mutual obligations.

 

18. Jurisdiction

(a) Austrian law shall apply exclusively.

b) The court with subject-matter jurisdiction in A-8530 Deutschlandsberg is agreed upon as the venue.

c) Unless otherwise specified in the order confirmation, the place of performance for all services shall be Pölzl’s location in A-8510 Stainz.

 

As of April 2026