As of: September 2026
TERMS OF SALE AND DELIVERY
The following general terms and conditions (hereinafter referred to as the Terms and Conditions) are expressly accepted by the customer and remain valid even if the order or contract includes additional terms:
1. GENERAL
1.1 These general terms and conditions (hereinafter referred to as the Terms and Conditions) apply to all our quotations and contracts for the supply of goods and services (installation), even if they are not expressly referred to in future transactions. The following Terms and Conditions are expressly accepted by the customer and are deemed to be incorporated as soon as the customer has received them without objection, and in any event no later than when the order is placed.
1.2 Any differing agreements or the customer's own terms and conditions are binding on us only if we expressly accept them in writing. This also applies where we have not expressly objected to them.
1.3 Should any of the following provisions become wholly or partially invalid, this shall not affect the validity of the remaining provisions.
2. CONCLUSION OF CONTRACT
2.1 Our quotations are non-binding and require our written confirmation. Amendments and additions to orders are deemed to have been agreed only if we have also confirmed them in writing.
2.2 All goods are supplied at the prices applicable on the date of dispatch, unless a price has been agreed in the order. If the approximate dimensions, types or glass types, etc. specified in the order change after the contract has been concluded, the price shall be adjusted to reflect the new circumstances in accordance with the company's applicable price list, which is deemed to have been agreed and expressly accepted by the customer.
2.3 The customer shall bear any costs incurred as a result of changes to the order. Original delivery dates must be renegotiated. We reserve the right at any time to make changes to the construction, choice and design of materials, profile design and any other changes that serve technical progress.
2.4 The products supplied (windows, doors, gates, roller shutter units, etc.) are made to measure and therefore cannot be returned or exchanged. If properly packaged goods are accepted for return as a goodwill gesture, a credit shall be issued for the net value of the returned goods. The above does not apply where rights under retention of title are exercised. We reserve the right to make deductions for any reduction in the value of returned materials.
2.5 We are entitled to require advance payments or other security from the customer before work begins. This also applies if the customer is in default of a payment that has fallen due. Any further claims remain unaffected.
2.6 The customer is prohibited from transferring ownership by way of security before the purchase price has been paid in full. We must be notified immediately of any seizure of goods subject to retention of title, as well as the commencement of compulsory auction proceedings or bankruptcy proceedings. The customer must also inform the creditor concerned of our retention of title rights. Otherwise, the customer shall be personally liable to us in this respect.
2.7 By signing, the customer confirms that they have authority over the house and land, have full legal capacity and, where applicable, have been authorised by the owner. If the customer places an order with us without being authorised to do so, they shall be liable to us for damages in accordance with clause 9.1.
3. PRICES
3.1 Unless otherwise agreed, all prices quoted exclude VAT at the statutory rate, which shall be shown separately.
3.2 All prices are ex works / warehouse. Installation is not included unless it is listed separately in the order.
3.3 Plaster making-good, chasing, painting and sealing work, the removal of existing units and the installation of window sills are not included in the quoted price unless expressly listed in the quotation. Any additional work requested by the customer shall be charged at our hourly rate.
3.4 Electrical connection work (e.g. for the motors of roller shutter units, external venetian blinds, garage doors and awnings; internal push buttons; controls; electric strikes; fingerprint scanners; radiant heaters; alarm contacts; wind and sun sensors) is also not included in the quoted price unless expressly listed in the quotation.
3.5 The installation of recessed strap boxes is not included in the unit price and will be charged separately. The same applies to the installation of strap winders if the internal plastering, painting and wallpapering work has not yet been completed.
4. PAYMENT TERMS
4.1 The invoice amount is payable by the agreed payment deadline or, in the absence of such an agreement, within 30 days of the invoice date. The client is entitled to deduct an early payment discount only if payment is made in accordance with the discount terms stated on our invoice. Any discount deducted without entitlement will always be reclaimed.
4.2 In the event of late payment, the client will be charged interest on overdue payments in accordance with Articles 3, 5 and 12 of the Law of 18 April 2004 concerning payment deadlines and interest on overdue payments.
4.3 In accordance with EU Directive 2011/7/EU, a fixed sum of 60 euros is deemed agreed as compensation for recovery costs.
4.4 Complaints do not release the client from their obligation to pay us.
4.5 We are entitled to require the client to provide a guarantee from a recognised bank acting as principal obligor.
4.6 The client is entitled to set off claims or withhold payments only if their counterclaims are undisputed or have been established by a final court judgment. The customer's rights of retention arising from other contracts are excluded.
5. SPECIAL CONDITIONS FOR CONSTRUCTION AND INSTALLATION WORK
5.1 When installation begins, all necessary preparatory work to be carried out by the client must have been properly executed and completed so that installation can proceed without obstruction. We are not liable for any delay in the preparatory work.
5.2 The external window sills (supplied by third-party companies) must be fitted before the windows are installed. If the client requests that the windows be installed before the window sills are fitted, the associated unavoidable risk of damage passes to the client.
5.3 The client must provide lighting, electricity and water free of charge.
5.4 For building components requested or required by the client, the client is responsible for obtaining any necessary approvals from the competent authority. Installation in such cases is always carried out at the client's risk.
5.5 The client is obliged to inform our installers of the location of concealed electricity, gas or other utility lines so that the installers can avoid damaging them.
5.6 The following guidelines (in their latest versions) are deemed agreed:
– Guidelines for assessing the visual quality of glass for building applications (Bundesverband Flachglas e.V., Troisdorf)
– Guidelines for the visual assessment of coated aluminium surfaces (VFF e.V.)
– Guidelines for assessing finished awning fabrics (ITRS-Industrieverband)
– Guidelines for assessing the product characteristics of roller shutters (ITRS-Industrieverband)
– Guidelines for assessing the product characteristics of external venetian blinds (ITRS-Industrieverband)
6. WARRANTY
6.1 For all deliveries and services, claims in respect of defects become time-barred two years after delivery or acceptance of the installation. This does not apply where longer periods are prescribed by law.
6.2 Complaints concerning items supplied by us to the client will only be considered if we are notified in writing without delay, and in any event no later than 8 days after receipt of the goods, unless the defect could not have been detected even upon careful inspection. Where a complaint is justified, we will supply a replacement free of charge, with carriage paid to the original delivery destination. The goods subject to the complaint must be returned in exchange for the replacement. Only the damaged individual component will be replaced, not the entire assembly.
6.3 The client must inspect the goods delivered and, where applicable, installed upon acceptance. This inspection must cover, in particular, visible defects, especially defects in the glass, colour variations and surface damage. If the client does not check for defects detectable by visual inspection at the time of acceptance of the goods and notify us accordingly, the goods will be deemed to have been handed over properly and in faultless condition. Acceptance must take place immediately upon request. The work will be deemed to have been accepted if the client does not accept it within 8 days of the request for acceptance.
6.4 Warranty rights will lapse if the client handles installed products improperly, has modifications made or makes modifications themselves. They will also lapse if damage occurs as a result of incorrect ventilation or failure to follow our ventilation recommendations. Warranty rights will likewise lapse if the client fails to notify us in writing of any defects without delay after discovering them.
6.5 Where there is a defect in the delivery or installation for which we are responsible, we are obliged, at our discretion, either to remedy the defect or to supply a replacement. The client must allow us reasonable time and opportunity to remedy the defect.
6.6 We reserve the right to make technical developments resulting in changes to the design. These do not entitle the client to withdraw from the contract.
6.7 Colour variations in special and additional components are possible and therefore do not constitute grounds for complaint.
6.8 We are not liable for any unforeseeable damage arising from installation, repair, warranty or inspection work on building components. This includes, for example, damage to wallpapered, plastered or tiled roller shutter boxes, damage to window sills and damage to plastered masonry reveals.
6.9 As long as the client fails to meet their payment obligations, we are entitled to refuse to fulfil statutory claims in respect of defects.
7. REIMBURSEMENT OF TRAVEL COSTS
7.1 If, upon arrival of our installation team, installation of the system cannot be carried out due to circumstances for which we are not responsible, the client is obliged to reimburse the travel costs incurred in accordance with our schedule of charges. The same applies to an agreed visit by a technician or customer service team that proves fruitless.
8. DELIVERY TERMS / DELIVERY DATES
8.1 Our deliveries are generally made ex works.
8.2 Where installation is carried out by us, delivery to the site is included.
8.3 Unless fixed dates have been agreed and confirmed in writing in the order confirmation, any delivery dates or times specified by us are for information only and are not binding dates.
8.4 In the event of force majeure or delays in material deliveries from the manufacturing plant or upstream supplier, we are entitled to postpone delivery for the duration of the disruption.
8.5 The client is also bound by the agreed delivery or installation date. If we are unable to provide the delivery and installation services for reasons for which the client is responsible, in particular if the necessary preparatory work on site has not been properly completed, or if the client refuses to allow the work to be carried out within the agreed period because they wish the order to be fulfilled at a later date, this does not release the client from their obligation to pay for and accept the goods and services. In such a case, once a reasonable additional period notified in writing has expired without the required action being taken, we are entitled to invoice the contractually agreed deliveries and any additional costs arising from the delay (increases in labour and material costs; storage costs). Our rights to claim damages remain unaffected.
9. DAMAGES
9.1 If the client refuses to accept the services to be performed by us, or fails to respond regarding the execution of the work despite being granted an additional period of 2 weeks, we are entitled to refuse performance, withdraw from the contract and/or claim damages for non-performance. In this case, we are generally entitled to claim fixed damages amounting to 40% of the contract price excluding VAT, without providing specific evidence of the existence or amount of our loss.
9.2 The same entitlement to damages applies if the customer obstructs us or persons acting on our behalf in carrying out the work, for example where a third-party contractor carries out work in the meantime.
10. TRANSFER OF RISK
10.1 For delivery and collection orders, risk passes to the customer when the customer takes possession of the products.
10.2 The customer must formally accept the work or the agreed part of the work upon completion. Risk then passes to the customer. Risk also passes – even without written acceptance of the construction work – as soon as we have fulfilled our obligations under the relevant order. Any defects or damage sustained in transit must be reported immediately and no later than 10 days after completion of the installation work.
10.3 The customer must take delivery of the goods even if they have minor defects, without prejudice to the customer's rights in respect of defects.
11. RETENTION OF TITLE
11.1 The goods supplied remain our property until all claims arising from the underlying contract, including all ancillary claims, have been settled in full.
12. LIABILITY
12.1 The customer's claims for damages are limited to cases of wilful misconduct or gross negligence on our part, including on the part of our representatives or persons acting on our behalf. Unless there has been a deliberate breach of contract, our liability is limited to foreseeable damage of the kind typically occurring to our products or to products permanently attached to them, where such damage has been caused by our products.
12.2 We accept no liability for damage arising from site conditions or caused by third parties on site. The project owner undertakes to ensure that our products are properly stored temporarily and handled on site.
13. DATA PROTECTION
13.1 Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the applicable supplementary Luxembourg data protection provisions. Details of the purposes of processing, legal bases, recipients, retention periods and data subjects' rights are set out in our current Privacy policy.
13.2 Where personal data is required for steps preparatory to entering into a contract, its performance or its settlement, processing is carried out in particular on the basis of Article 6(1)(b) GDPR. Statutory obligations and legitimate interests remain unaffected.
14. PLACE OF PERFORMANCE AND JURISDICTION
14.1 The place of performance is Luxembourg.
14.2 All contracts, claims and other demands are subject to Luxembourg law and the jurisdiction of the courts of Luxembourg City.
14.3 The same courts also have jurisdiction if the buyer is resident abroad, moves their residence or place of business abroad after the contract has been concluded, or if their residence or habitual place of residence is unknown at the time proceedings are brought.
IMPORTANT INFORMATION ABOUT OUR PRODUCTS
Timber components ordered without a finishing coat (high-build wood stain) are supplied without sanding between coats. A suitable surface coating must be applied without delay. We accept no liability for damage resulting from a lack of surface treatment or inadequate surface treatment.
Wood is a natural product. Slight differences in colour compared with our samples, when individual profiles are assembled or when additional orders are placed, as well as slight unevenness resulting from the structure of the wood, are therefore unavoidable. These are not defects, but signs of the authenticity of wood as a material. Slight colour variations may also occur in plastic and aluminium due to the materials and manufacturing processes used.
External building components and glazing may be subject to condensation due to external factors (e.g. on frames, on both sides of the glazing, on fittings, etc.). These external factors are beyond our control, so condensation does not constitute a defect.
Georgian bars inside insulating glass units may move or rest partly against the glass. Vibrations affecting the glass unit may therefore cause slight rattling, which does not constitute a defect.
Insulating glass can break spontaneously, even without any visible external cause. If this occurs within 6 months of delivery, we will rectify it free of charge, provided there are no visible signs of mechanical impact. After this period, and until the statutory warranty period expires, we will only rectify it free of charge if it is proven that a defect was present at the time of delivery.
IMPORTANT: Timber components must not be exposed to indoor humidity levels exceeding 55%! Condensation at the edge of the glass is a sign of excessive indoor humidity. Failure to observe this requirement will cause permanent damage to timber joints, glazing beads and surface finishes!
Please note that any deflection of beams, lintels and floor slabs in the vicinity of our building components occurring after window installation must not exceed 3 mm, regardless of width. Otherwise, malfunctions or damage may occur. If this value is exceeded, the customer shall bear responsibility for all resulting impairments and damage (e.g. glass breakage, etc.).
Please take note of this important information. Failure to do so may result in damage for which PLANIGRAPH Sàrl accepts no liability.