General Terms of Sale, Delivery and Services

As of: 6 November 2026
RMC Röthelsteiner Mineral Consulting GmbH, Röthelstein 9, 8131 Mixnitz, FN 308491p ("RMC")

1.1 These terms apply to all deliveries of raw materials and building materials as well as to consulting, logistics and project development services provided by RMC to businesses within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG). They do not apply to consumers.

1.2 Deviating terms of the customer only apply if RMC agrees to them in writing. This also applies if RMC delivers in the knowledge of deviating terms.

1.3 These terms do not apply to the organisation of personal care. Separate contractual terms apply to it in accordance with the professional and practice rules for the organisation of personal care.

2.1 RMC's offers are subject to change. Inquiries via the website, draft replies and automatically generated assessments are non-binding.

2.2 A contract is only concluded upon RMC's written order confirmation or upon performance of the delivery or service. Email satisfies the written form requirement.

3.1 Only the specification agreed in the contract is decisive. Information in brochures, on the website, in data sheets and analyses are guide values unless expressly agreed as a warranted characteristic.

3.2 Mineral raw materials are natural products or industrial by-products. Variations in colour, grain size, moisture and composition within the agreed specification or customary tolerances do not constitute a defect.

3.3 Samples are provided for information only unless a sale by sample has been expressly agreed.

3.4 The customer is responsible for ensuring that the goods are suitable for its intended use and may be approved there, unless RMC has expressly warranted such suitability in writing.

4.1 All prices are in euros plus VAT and, unless otherwise agreed, ex loading point (FCA loading point, Incoterms® 2020).

4.2 If, after conclusion of the contract, freight costs, energy costs, customs duties, levies (including CO₂ levies and CBAM costs) or exchange rates change by more than 5%, RMC is entitled to adjust the prices for quantities not yet delivered accordingly.

5.1 Delivery terms shall be interpreted in accordance with Incoterms® 2020.

5.2 For deliveries of bulk goods, a quantity tolerance of ± 10% of the agreed quantity is deemed in conformity with the contract. The quantity actually delivered is invoiced.

5.3 The determinations at the place of loading (calibrated scale, draught survey or rail weighing) are decisive for quantity and weight, unless otherwise agreed.

5.4 Partial deliveries are permitted. Delivery dates are non-binding unless expressly agreed as a fixed date.

5.5 Force majeure and events for which RMC is not responsible release RMC from its delivery obligation for their duration. These include in particular failure or delay of ships, rail or truck transports, port and weather conditions, production outages at the upstream supplier, official measures, sanctions, import and export restrictions and exhausted customs quotas. If such an event lasts longer than 60 days, both parties may withdraw from the contract with regard to the affected quantities.

6.1 Risk passes in accordance with the agreed Incoterms® clause, otherwise upon handover to the first carrier.

6.2 The customer shall accept the goods on the agreed date and ensure sufficient unloading and storage facilities. Costs arising from waiting times, standing charges, demurrage or interim storage for which the customer is responsible shall be borne by the customer.

7.1 Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date.

7.2 RMC may require advance payment, an irrevocable letter of credit or a bank guarantee, in particular for first orders, large quantities or import transactions.

7.3 In the event of late payment, the statutory default interest pursuant to § 456 UGB applies. In addition, the customer shall reimburse the costs necessary for collection.

7.4 Set-off is only permitted with undisputed claims or claims established by a court.

8.1 The goods remain the property of RMC until full payment of all claims arising from the business relationship.

8.2 The customer may process or resell the goods in the ordinary course of business. The customer hereby assigns to RMC the resulting claims in the amount of the invoice value and shall record this in its books.

9.1 The customer shall inspect the goods immediately after delivery. Defects shall be notified to RMC in writing immediately, at the latest within 5 working days after delivery, stating their nature and extent (§ 377 UGB). Hidden defects shall be notified immediately after their discovery. For bulk goods, retention samples shall be taken and kept.

9.2 In the case of justified defects, RMC shall, at its own discretion, grant a price reduction, replacement or subsequent delivery. The warranty period is 6 months from the transfer of risk.

9.3 Goods that have already been processed or mixed are deemed approved insofar as the defect was recognisable before processing.

10.1 RMC is only liable for damage in cases of intent and gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.

10.2 Liability for loss of profit, consequential damage, production downtime and damage arising from third-party claims is excluded to the extent permitted by law. Liability is limited in amount to the order value of the affected delivery or service.

10.3 Claims for damages become time-barred 12 months after knowledge of the damage and the party causing it.

11.1 The scope and remuneration of consulting, logistics and project development services are set out in the respective offer. If nothing has been agreed, services are invoiced on a time basis at the hourly rates applicable at the time.

11.2 RMC owes the careful performance of the service, not a specific result, in particular not the granting of official permits or the conclusion of contracts with third parties.

11.3 The customer shall provide all necessary documents and information in a timely, complete and correct manner.

11.4 Reports, plans, concepts and other documents of RMC may only be used for the agreed project. Disclosure to third parties requires RMC's consent.

12.1 Unless DDP has been agreed, the customer bears import duties and is responsible for compliance with the import regulations in the country of destination.

12.2 Both parties comply with the applicable sanctions, embargo and export control regulations. RMC is entitled to withhold deliveries or withdraw from the contract if their performance would violate such regulations.

The parties treat all non-public information from the business relationship, in particular prices, sources of supply, suppliers and customers, as confidential.

14.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.

14.2 The place of performance is RMC's registered office unless otherwise agreed. The place of jurisdiction is the court with subject-matter jurisdiction for RMC's registered office. RMC may also sue the customer at its general place of jurisdiction.

14.3 Amendments and additions must be made in writing. If any provision is invalid, the remaining provisions remain valid.