Granimax OÜ General Terms and Conditions of Sale

Valid as of January 1, 2022 
Application of the General Terms and Conditions of Sale. These general terms and conditions of sale of Granimax OÜ (hereinafter general sales conditions) apply to all such sales transactions between the seller OÜ Granimax (reg. code 12382975) (hereinafter Granimax) and a buyer (hereinafter Customer) to which the general sales conditions apply (including sales transactions carried out via the online store). These general sales conditions together with an accepted offer or another agreement referring to the general sales conditions are jointly referred to as the Contract.

1. Object of contract

Granimax OÜ sells certain products and provides related services to the Customer based on the terms and conditions agreed in the Contract. The Customer pays for the products and services in adherence to the terms and conditions agreed in the Contract. 

2. Procedure for processing orders

The Customer requests a price quote for Granimax’s products and services via Granimax’s website or by e-mail. This request for a price quote is not binding on the parties. After receiving a request for a price quote, Granimax issues a preliminary quotation indicating the price of taking measurements as well as the preliminary price calculation of products and installation and other related services. The initial quotation is valid for 3 (three) months, unless stated otherwise. Granimax may adjust the final price of products, installation, and related services in the final quotation (order) after measurement is completed. The preliminary quote becomes binding on the parties as regarding the taking of measurements after the Customer has approved the preliminary quote. Approving the preliminary quote does not establish a binding contract regarding products and installation and the Customer is not obligated to approve the final quotation. After approving of the preliminary quote, Granimax and the Customer agree on a suitable time for the taking of measurements. Granimax performs relevant measurement during working hours and, subject to separate agreement with the Customer, also outside of normal working hours. After measurement is completed, Granimax issues an order that indicates the final quotation for relevant products, installation, and related services. The order is valid for 3 (three) months, unless stated otherwise. The order becomes binding for the parties after the Customer has returned a signed copy of the order to Granimax or has approved the order in another manner. Subject to a separate agreement, Granimax may issue the order based on drawings and measurements provided by the Customer; however, in such an event Granimax is not liable for the fit and final dimensions of the products. If during the production of relevant countertops it becomes clear that it is not possible to make the countertop based on the drawing prepared by the measuring expert, Granimax reserves the right to change the production drawing. The Customer’s approval is sought for any changes. If the new production drawing leads to a change in the price of work or products, the Customer undertakes in the part exceeding the price of the order to pay Granimax an additional charge in adherence to the price change. If the new price is lower than that noted in the order, Granimax refunds the difference to the Customer. 

3. Product quality

Granimax employs its best efforts to ensure that delivered products do not have defects resulting from faulty manufacturing and faulty materials. The Customer is aware and accepts the fact that when Granimax uses natural materials, the texture, pattern, color, and color tone of the delivered products may vary and may not be exactly the same as in samples of the same materials. The parties also agree that natural materials are singular and may contain lines resembling cracks, scratches, surface irregularities, indentations and holes, variations in pattern and shade, color changes, and particles of material from other rocks. Such special features of the material are not considered to constitute defects. 

4. Margin of tolerance
The following changes in the actual dimensions of delivered products are allowed and not considered to constitute non-conformity of delivered products: (1) overall dimensions of a worktop up to - 3 mm; (2) overall dimensions and centers of holes +/- 3 mm; (3) thickness of granite or marble worktop +/- 3 mm, thickness of quartz or ceramic worktop +/- 2 mm; unevenness of a worktop up to 0.5 mm; (4) coming together of worktops 1-3 mm, height difference of backsplash plates 0.5 mm.

5. Obligations of customer

Before taking of measurements can begin, the Customer must prepare the work area at their own expense as follows:
  • kitchen floor cabinets must be securely installed and worktops removed. As subject to a separate agreement with Granimax OÜ, in some cases it may be possible to carry out measurement without removing existing worktops; however, in such an event, Granimax OÜ is not responsible for the fit and final dimensions of the products replacing the existing worktops;
  • when buying and installing cabinets, furniture, and support frames, the Customer must take into account the weight of the ordered surface material as follows: quartz at least 75 kg/m², granite and marble at least 95 kg/m²;
  • the wall behind a countertop must be straight to facilitate placement the background tiles;
  • sinks, faucets, and cooktops or stoves must be disconnected if necessary;
  • measuring experts must be ensured safe and unobstructed access to the work area and objects that prevent the work from being carried out must be removed. The Customer must choose the exact models of sinks, faucets, and cooktops or stoves, provide Granimax OÜ with corresponding product descriptions (model name, dimensions, other technical information required by Granimax OÜ), and ensure that relevant sinks, faucets, and cooktops or stoves have been delivery by the time of taking measurements. If the sink, faucet, and stove are not installed at the time of measurement, the Customer is responsible for the correctness of the product information.
Cabinets and stoves should not be moved or changed after measurements have been taken. Before commencing installation, the Customer must prepare the work area as follows at their own expense:
  • make sure that the cabinets, furniture, and support frames required for the installation of the worktop are in the same condition during measurement as they are during installation - properly installed, leveled, and adequately supported if necessary;
  • make sure that holes in the cabinets, furniture, and support frames underneath the worktop that are required for the sink, stove, etc., are properly cut in required places and to the correct dimensions;
  • make sure that existing worktops and background are removed where necessary;
  • make sure that the floor of the work area is covered with a strong non-slip material. Granimax OÜ Installers are required to wear safety shoes that can damage the floor;
  • make sure water connections are closed and there is no power in electrical connections;
  • enable for installers safe and unobstructed access to the work area and remove objects that prevent the work from being carried out.
If separately agreed in the order, the Customer is responsible for lifting assistance. The Customer is aware that Granimax OÜ does not perform the following work:
  • uninstalling and removing of existing worktops, except as subject to separate agreement or if Granimax OÜ performs work related to removal of defects for which Granimax OÜ is responsible;
  • disconnecting and reconnecting water and electrical systems.
The Customer is aware that:
  • measurement and installation takes an average of at least 1-3 hours. Measuring experts or installers may take photographs of the completed work for later quality control purposes;
  • if the Customer does not prepare the work area for measuring or installation by the agreed time, Granimax OÜ has the right to submit an additional invoice for the part in which Granimax OÜ incurs additional costs due to the delay in carrying out relevant work;
  • in the event that the Customer does not wish to continue with the order after completion of measurements, the Customer is nevertheless obligated to pay Granimax OÜ for the taking of measurements and other preparatory work that has already been carried out;

6. Delivery and installation

Granimax OÜ delivers relevant products to the Customer and performs installation in adherence to the terms and conditions of delivery agreed in the order. The exact time at which installation is performed is agreed between Granimax OÜ and the Customer. Granimax OÜ carries out installation work during normal working hours and, as subject to a separate agreement with the Customer, also outside of normal working hours. Granimax OÜ has the right to use subcontractors for measuring and installation. Immediately after completion of the installation work, the parties jointly review the work and products and sign relevant instrument of receipt indicating any defects discovered by the Customer (or their representative). Granimax OÜ corrects such defects within a reasonable period of time. The Customer undertakes to be present during completion of the installation work, of which Granimax OÜ notifies the Customer reasonably in advance. The non-appearance of the Customer or their designated representative for the inspection and signing of the instrument of receipt gives Granimax the right to use third parties as witnesses of the delivery and such persons are considered to be the Customer's authorized representatives upon delivery.

The risk of accidental destruction or damage of the products is transferred to the Customer as of signing of the instrument of receipt.
The Customer is aware that due to drying, worktops must not be used or touched for at least 24 hours after installation.

7. Invoicing and payment

The Customer undertakes to pay Granimax OÜ for the agreed measurement work in adherence to the initial quotation and for products, installation, and related services based on the order in adherence to relevant invoice issued by Granimax OÜ and the agreed payment terms.

Unless otherwise agreed by the parties, Granimax OÜ issues an advance payment invoice after the Customer has confirmed the order and agrees that Granimax OÜ is not obligated to start fulfilling the order until it has received relevant advance payment.

In the case of a distance contract, the Customer is aware that the right of withdrawal does not apply to custom made products or products made clearly for a specific person, such as products made based on specific measurements taken at the Customer's location and in adherence to the Customer's request.

If the advance payment invoice has been issued, failure to pay it within 30 (thirty) days automatically cancels the order and Granimax OÜ has the right to terminate the contract unilaterally.

The Customer is aware that from the moment Granimax OÜ starts manufacturing the ordered products, the dimensions and materials of such products cannot be changed. 

After the products have been finished and before installation, Granimax OÜ issues a final invoice to the Customer. Granimax OÜ is not obligated to start installation until the final invoice has been paid in full. If Granimax OÜ has completed installation before the final invoice has been paid in full, the final invoice is payable (1) immediately after completion of installation or (2) by the due date of payment of the invoice (depending on which date arrives earlier). By default, the payment term is 3 (three) working days as from the date of installation, unless otherwise stated on the invoice.

If the Customer is in delay of any payment, Granimax OÜ has the right to charge from the Customer default interest of 0.06% of the delayed amount for each day of delay as well as the costs incurred to collect the invoice.

Granimax OÜ offers a guarantee for products and related services only if information to that effect is published on its website with the description of the products or services. Regardless of whether or not there is applicable warranty, the Customer’s complaints will be resolved.

8. Complaints and resolution of disputes

The Customer has the right to submit complaints regarding Granimax OÜ’s products and related services using Granimax OÜ's contact details or website. Granimax OÜ undertakes to inform the Customer as to possible solutions for and deadlines for resolution of complaints. Any dispute, argument, or claim arising from or in connection with the Agreement is resolved by way of negotiations. If negotiations fail to lead to a satisfactory result for the parties, the dispute is resolved in a court of law. Granimax OÜ's liability is limited to direct proprietary damage caused to the Customer as a result of a wrongful breach of Contract. The greatest amount of liability of Granimax OÜ towards the Customer is limited to the price of the products from which the claim arose. Under no circumstances is Granimax OÜ liable for the Customer’s loss of revenue. Above limitations and exclusions of liability do not apply if such liability cannot be excluded or limited under applicable law.

9. Applicable law

The laws of the Republic of Estonia apply to the validity and interpretation of the contract. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Contract.

Granimax OÜ processes the personal data submitted by the Customer in adherence to requirements established by applicable legislation.

OÜ Granimax