General Terms of Sale
- Object of contract. Diapol shall sell certain products and offer related services to the client in accordance with the terms and conditions agreed in the contract. The client shall pay for the products and services in accordance with the terms and conditions agreed in the contract.
- Order processing procedure. The client shall submit a price query concerning the products and services of Diapol personally on the website diapol.com or by e-mail (firstname.lastname@example.org). Such a price query shall not be binding on the parties.
After receiving the price query, Diapol shall issue an initial price offer, indicating the price of the measurement work and the initial price calculation of the products, installation work and other related services. The initial price offer shall be in effect for three months unless otherwise indicated. Diapol may adjust the final price of the products, installation services and related services in the final price offer (order) after completing the measurement work. An initial price offer shall become binding on the parties in respect of the measurement work after the client has agreed to the initial price offer. Agreeing to an initial price offer shall not create a binding contract in respect of products and installation work and the client is not obliged to accept the final price offer.
After agreeing to an initial price offer, Diapol and the client shall agree on a suitable time for performing the measurement work. Diapol shall perform the measurement work during working time and, upon a separate agreement with the client, also outside of the conventional working time.
After completing the measurement work, Diapol shall issue an order that sets out the final price offer of the products, installation work and related services. The order shall be in effect for three months, unless otherwise indicated. The offer shall become binding on the parties after the client has returned a signed copy of the order to Diapol or has agreed to the order in any other manner.
In accordance with a separate agreement, Diapol may issue an order on the basis of the drawings and measurements given by the client, but in such an event Diapol shall not be liable for the suitability and final measurements of the products.
- Quality of products. Diapol shall make its best in order for the delivered products not to have any defects arisen due to incomplete production and faulty materials. The client is aware that if Diapol uses natural materials, the texture, pattern, colour and shade of the delivered products may vary and it may be not exactly the same as that of the samples of the same materials.
- Permitted margins of tolerance. The following variations in the actual measurements of the delivered products shall be permitted and shall not be considered non-conformities of the delivered products: (1) the overall measurements of a worktop up to -2 mm; (2) the overall measurements of a cut-out +/-2 mm; (3) the thickness of a granite and marble worktop +/-2 mm, the thickness of a 30 mm quartz worktop +/-1.5 mm, the thickness of a 12 and 20 mm quartz worktop +/-1 mm, the thickness of a ceramic worktop +/-2 mm; (4) the joint max. 2 mm.
- Obligations of client. Before the measurement work starts, the client must prepare the work area at their own expense as follows:
-lower cupboards in the kitchen must have been installed tightly and the worktops must have been removed. In accordance with a separate agreement with Diapol, in some cases it may be possible to perform the measurement work without removing the existing worktops, but in such an event Diapol shall not be liable for the suitability and final measurements of the products replacing the existing worktop;
-the wall behind the worktop must be straight for placing background tiles;
-sinks, taps and hotplates or cookers must have been disconnected, if necessary;
-the persons performing the measurement work must be provided with safe and unrestricted access to the work area and the items that hinder the performance of the work must be removed.
The client must choose, no later than by the moment of confirming an order, the exact models of the sinks, taps and hotplates or cookers and provide Diapol with respective product descriptions (name of the model, measurements, other technical information that is necessary for Diapol).
Cupboards and the cooker may not be moved or altered after the measurement.
Before the installation work starts, the client must prepare the work area at their own expense as follows:
-make sure that the cupboards, furniture and supporting substructures necessary for installing a worktop are in the same condition at the time of both measurement and installation work – properly installed, levelled and, if necessary, adequately propped;
-make sure that the holes in the cupboards, furniture and supporting substructures that are necessary for the sink, cooker, etc., have been cut in necessary places properly and in correct measurements;
-make sure that the existing worktop and background have been removed in necessary places; -when buying and installing cupboards, furniture and supporting substructures, take into account the weight of the material of the ordered products as follows: quartz at least 75 kg/m2, granite and marble at least 95 kg/m2, ceramics at least 25 kg/m2;
-make sure that the floor of the work area is covered with a strong slip-resistant material. The installers of Diapol are obliged to wear security footwear that may damage the floor; -make sure that the water connections are closed and the electrical connections are not electrified; -persons performing the installation work must be provided with safe and unrestricted access to the work area and the items that hinder the performance of the work must be removed.
-if separately agreed in an order, the client shall be liable for lifting assistance.
The client is aware that Diapol does not perform the following work:
- removing the existing worktop and transporting it away, except upon a separate agreement or if Diapol performs work in connection with removing defects for which Diapol is liable;
- filling the gap between the installed product and the wall;
- installing windowsills;
- disconnecting and reconnecting water and power systems.
The client is aware that:
- the measurement and installation work take, on average, at least one to three hours. The persons who perform measurement or installation work may take photos of the work performed for the purpose of later quality control;
- if the client does not want to continue with an offer after the performance of the measurement work, the client shall have the obligation, regardless of the aforementioned, to pay Diapol for the measurement work and other preparatory work already performed.
If the client fails to prepare the work area for the measurement or installation work by the agreed time, Diapol shall have the right to submit an additional invoice in the part in which Diapol incurs additional expenses due to a delay in the performance of the work.
- Changes that appear during production
If it appears upon production of a worktop that it is not possible to produce the worktop on the basis of a drawing prepared by the person who performed the measurement work, Diapol shall reserve the right to change the production drawing.
If the new production drawing brings along a change in the price of the work or products, then:
- in the part exceeding the price offer the client undertakes to pay Diapol an additional fee according to the change in the price;
- if the new price is smaller than that set out in the price offer, Diapol shall return the difference between the two price offers to the client.
A new production drawing shall always be agreed with the client before launching it into production.
- Delivery and installation work. Diapol shall deliver the products to the client and perform installation work in accordance with the delivery terms agreed in the order. The exact time of performance of the installation work shall be agreed between Diapol and the client. Diapol shall perform the installation work during ordinary working time and, upon a separate agreement with the client, also outside of the conventional working time. Diapol shall have the right to use subcontractors for the measurement and installation work.
Immediately after the completion of the installation work the parties shall review the work and products together and sign a record of acceptance that sets out any deficiencies detected by the client (or their representative). Diapol shall correct such deficiencies within a reasonable period of time. The client shall be present at the moment of completion of the installation work of which Diapol shall notify the client within a reasonable period of time in advance. The failure of the client or a representative appointed by them to come to the inspection and to signing the record of acceptance shall grant Diapol the right to use third parties as witnesses to the transfer of the work and such parties shall be considered to be authorised representatives of the client upon acceptance.
The risk of accidental destruction of or damage to the products shall transfer to the client as of signing the record of acceptance.
The client is aware that due to drying the worktop may not be used or touched for at least 24 hours after installation.
- Submission and payment of invoice. The client shall pay Diapol for the agreed measurement work in accordance with the initial price offer and for the products, installation work and related services on the basis of an order in accordance with an invoice issued by Diapol and the agreed payment terms.
Unless otherwise agreed by the parties, Diapol shall issue a prepayment invoice after the client has confirmed an order and the client agrees that Diapol has no obligation to start to fulfil the order before it has received the prepayment.
In the event of a distance contract, the client is aware that the right of withdrawal does not apply to tailor-made products or products clearly made to a specific person, such as the products made according to certain measurements taken at the client’s location and according to the client’s request.
If a prepayment invoice has been issued, the failure to pay the prepayment invoice within 30 days shall cancel the order automatically and Diapol shall have the right to unilaterally terminate the contract.
The client is aware that the measurements and materials of ordered products cannot be changed as of the time when Diapol starts the production of the products.
After the completion of the products and before the installation work, Diapol shall issue a final invoice to the client. Diapol shall have no obligation to start the installation work before the last invoice has been paid in full. If Diapol has performed installation work before payment of the last invoice in full, the last invoice shall be subject to payment (1) immediately after the completion of the installation work; or (2) by the deadline for payment of the invoice (whichever is earlier). By default, the deadline for payment is 3 working days of the date of the installation unless otherwise indicated on the invoice.
If the client delays with making any payment, Diapol shall have the right to demand interest on arrears at the rate of 0.02% of the outstanding amount per day of delay and the expenses incurred for the collection of the invoice.
- Diapol shall only provide the products and related services with a warranty if such information has been published on the website next to the description of the products or services. The client’s complaints shall be resolved regardless of the existence or lack of warranty (see clause 10).
- Complaints and resolution of disputes. The client shall have the right to file claims about the products and related services with Diapol through the contact details or website of Diapol that sets out more detailed information about the resolution of claims. Diapol shall notify the client of any possible resolutions to the claim and the deadlines for the resolution thereof. Any dispute, debate or claim arising from or related to the contract shall be resolved by way of negotiations. If the negotiations yield no satisfactory result, the dispute shall be resolved in court.
- The liability of Diapol shall be limited to the direct proprietary damage caused to the client as a result of wrongful breach of the contract. The largest amount of liability of Diapol in respect of the client shall be limited to the price of the products from which the claim arose. In no case shall Diapol be liable for the client’s loss of profit. The limits and exclusions of liability established above shall not apply if such liability cannot be excluded or limited pursuant to the law in force.
- Governing law. The validity and interpretation of the contract shall be governed by the law of the Republic of Estonia. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this contract.
Diapol Granite Ltd Address: Kasesalu Street 10, 76505 Saue, Estonia