{"id":6245,"date":"2024-11-14T12:06:14","date_gmt":"2024-11-14T12:06:14","guid":{"rendered":"https:\/\/www.kivisepad.ee\/terms-of-purchase\/"},"modified":"2026-08-24T14:42:14","modified_gmt":"2026-08-24T14:42:14","slug":"terms-of-purchase","status":"publish","type":"page","link":"https:\/\/www.kivisepad.ee\/en\/terms-of-purchase\/","title":{"rendered":"Terms and Conditions of Purchase"},"content":{"rendered":"

GENERAL TERMS AND CONDITIONS OF THE SALE AND PURCHASE AGREEMENT<\/span>
\nI. CONTENT OF THE AGREEMENT<\/span><\/strong>
\n1. The parties agree that Kivisepad AS (hereinafter: the Seller) undertakes, under the Agreement, to sell to<\/span>
\nthe Buyer a product made of natural or engineered stone, manufactured by the Seller according to the Buyer\u2019s order.<\/span>
\n2. The Seller is obliged to transfer possession and ownership of the manufactured product to the Buyer<\/span>
\nafter the purchase price of the product has been paid in full.<\/span>
\n3. The Buyer undertakes to accept the product manufactured by the Seller on the basis of the Buyer\u2019s<\/span>
\norder and to pay for the product in accordance with the terms and conditions of this Agreement.<\/span>
\n4. The Seller shall carry out installation works only at the Buyer\u2019s request and for a separate fee. Installation <\/span>
\nworks shall be performed at the site specified by the Buyer.<\/span>
\n5. Unless expressly agreed otherwise, the Seller shall, as a rule, supply products with straight-cut edges. If,<\/span>
\nduring measurements taken at the site, it becomes apparent that the walls are crooked, curved, concave, <\/span>
\nuneven, wavy or otherwise not straight, the related measurement work shall be deemed special work,<\/span>
\nand the Seller shall be entitled to charge the Buyer an additional fee for such work.<\/span>
\n6. The Seller confirms that a price calculation for the product and services has been prepared on the basis<\/span>
\nof the information provided by the Buyer and is specified in the Sale and Purchase Agreement.<\/span>
\n7. Upon entering into the Sale and Purchase Agreement, the Buyer undertakes to decide whether the<\/span>
\ndimensions and other information provided by the Buyer to the Seller are to be verified by the Seller\u2019s<\/span>
\nspecialist or whether the ordered product is to be manufactured solely on the basis of the dimensions <\/span>and information provided by the Buyer. The parties agree that by signing the Sale and Purchase <\/span>
\nAgreement, the Buyer confirms consent for the manufacture of the product to commence. Confirmation<\/span><\/span> given by e-mail shall be deemed equivalent to a signature. <\/span>
\n8. If the Buyer requests that the dimensions of the ordered product be verified by the Seller\u2019s specialist, the<\/span>
\nSeller shall prepare a drawing of the product and, on that basis, a revised price calculation indicating the<\/span>
\nprice and any technical differences compared with the original quotation.<\/span>
\n9. If the Buyer does not agree with the revised price calculation, the Buyer shall have the right to withdraw<\/span>
\nfrom the quotation by notifying the Seller on the same day on which the Buyer becomes aware of the <\/span>
\nrevised price. The parties agree that, in the event of such withdrawal, the Buyer shall pay the Seller for<\/span>
\nthe measurement work already carried out in accordance with the Kivisepad AS price list for services.<\/span>
\n10. The parties agree that, when ordering a product involving on-site measurement, the Seller shall provide<\/span>
\nthe Buyer with a working drawing\/layout, which the Buyer is obliged to review. The Buyer\u2019s written <\/span>
\nconfirmation that the working drawing is correct shall be deemed consent for the manufacture of the <\/span>
\nproduct to commence. If the Buyer has not actually reviewed the working drawing but has nevertheless<\/span>
\ngiven consent for production to begin, the Buyer shall not subsequently be entitled to submit claims concerning matters shown on the approved drawing.<\/span>
\n11. The parties agree that the delivery period for the product shall commence on the date when the Buyer<\/span>
\nhas paid the advance payment specified by the Seller.<\/span>
\n12. The Seller is obliged to inform the Buyer immediately of any postponement of the product completion<\/span>
\ndate, but no later than within two working days from the date on which the Seller became aware, or<\/span>
\nshould reasonably have become aware, of the circumstances causing the delay.<\/span>
\n13. The Buyer confirms awareness that, due to the inherent characteristics of stone, the pattern may not<\/span>
\nalways align continuously between separate pieces. If the Buyer requires the stone pattern to be <\/span>
\nmatched as precisely as possible, the Buyer must inform the Seller thereof before entering into this <\/span>
\nAgreement. If the Buyer requests precise pattern matching, the Buyer shall pay an additional amount corresponding to the quantity of additional material required for such matching.<\/span><\/p>\n

II. PRODUCTS AND CHARACTERISTICS OF MATERIALS <\/span><\/strong>
\n14. The Buyer undertakes to familiarise themselves with and follow the instructions provided regarding the <\/span>
\nproduct, the material, its use, maintenance and handling. The Buyer must also comply with any <\/span>
\nadditional instructions and recommendations provided by the Seller in relation to the order or the specific material.<\/span>
\n15. In the case of products made of natural stone and other materials of a natural character, it must be <\/span>
\ntaken into account that every material and every individual piece is unique. Samples, photographs, <\/span>
\nvisualisations and displays provide an indication of the material\u2019s general colour, pattern, structure and <\/span>
\nsurface finish, but do not constitute a guarantee that the manufactured or supplied product will be completely identical to them.<\/span>
\n16. Natural variations inherent to the material, including differences in colour, veining, patterns, mineral <\/span>
\nformations and other natural characteristics, shall not in themselves constitute defects in the product, <\/span>
\nprovided that the product corresponds to the agreed material and the terms of the order. <\/span><\/p>\n

III. ORDER CONFIRMATION <\/span><\/strong>
\n17. Before confirming the order, the Customer is obliged to verify all order details, including dimensions, <\/span>
\nmaterial, colour, surface finish, edge profiles, cut-outs, quantities, drawings and any other technical <\/span>
\ninformation relating to the order.<\/span>
\n18. By confirming the order in a form that can be reproduced in writing, including by e-mail, and\/or by <\/span>
\npaying the agreed advance payment, the Customer confirms that the order description, specifications <\/span>
\nand drawings provided to the Customer are clear and correspond to the Customer\u2019s requirements.<\/span>
\n19. If the Customer discovers an error or inaccuracy in the order confirmation, the Customer must notify the <\/span>
\nSeller at the earliest opportunity. Once production has commenced, changes to the order may no longer <\/span>
\nbe possible or may result in additional costs.<\/span>
\n20. If the order includes the removal by the Seller of existing worktops, window sills, wall panels, sinks, <\/span>
\nappliances or other structures, the Customer must take into account that dismantling work may involve <\/span>
\na risk of damage to surrounding surfaces or structures.<\/span>
\n21. The Seller shall carry out dismantling work with reasonable professional care. The Seller shall not be <\/span>
\nliable for damage that could not reasonably have been avoided or foreseen using normal working<\/span>
\nmethods, for example where the structure being removed is strongly bonded, concealedly fixed, worn or <\/span>
\ndeteriorated, or where the surface beneath or adjacent to it is particularly susceptible to damage. This provision shall not limit the Seller\u2019s liability to the extent that such limitation is not permitted by law.<\/span><\/span><\/span><\/p>\n

IV. DELIVERY AND ACCEPTANCE OF THE PRODUCT <\/span><\/strong>
\n22. The parties agree that the Seller shall deliver the ordered product to the Buyer after the purchase price<\/span>
\nhas been paid in full. Until full payment of the purchase price, the product shall remain the property of <\/span>
\nthe Seller, and the Seller shall be entitled to refuse delivery until full payment has been received.<\/span>
\n23. The parties agree that the product shall be deemed delivered to the Buyer at the moment when the<\/span>
\nSeller transfers possession of the product to the Buyer.<\/span>
\n24. The parties agree that the risk of loss of or damage to the product shall pass to the Buyer upon delivery<\/span>
\nof the product.<\/span>
\n25. The parties agree that by signing the delivery note, the Buyer confirms receipt of the product. The <\/span>
\ndelivery note may also be signed by a third party authorised by the Buyer. In such case, the Buyer shall<\/span>
\nnotify the Seller of the person authorised to receive the product no later than two working days before<\/span>
\nthe delivery note is signed. The Seller shall be entitled to request an identity document from the Buyer\u2019s <\/span>
\nauthorised representative, such as a passport, ID card, driving licence or similar document. If the Buyer <\/span>
\nhas not notified the Seller in due time of the third party authorised to receive the product, the Seller<\/span>
\nshall be entitled to refuse delivery to that third party.<\/span>
\n26. The parties agree that if the Buyer unjustifiably refuses to accept the product at the Buyer\u2019s location or<\/span>
\nat another location requested by the Buyer, the Seller shall be entitled to return the product to the<\/span>
\nSeller\u2019s premises, and a corresponding note shall be made on the delivery note. If the Buyer has <\/span>
\nunjustifiably refused to accept the product, the product shall be deemed delivered to the Buyer once the <\/span>
\nSeller has returned it to the Seller\u2019s premises. The Buyer shall bear the costs of returning the product to the Seller\u2019s premises.<\/span>
\n27. The parties agree that if the Buyer fails to collect the product within five (5) working days after the<\/span>
\nagreed completion date, the Seller shall be entitled to charge a storage fee of 0.25% of the value of the<\/span>
\nuncollected product for each day of delay.<\/span>
\n28. If the Buyer has also ordered installation services from the Seller in accordance with clause 4 of this<\/span>
\nAgreement, the parties shall prepare a handover and acceptance certificate after completion of the<\/span>
\ninstallation works. The installation works shall be deemed accepted upon signature of that certificate.<\/span>
\n29. Unless otherwise agreed in the order, the goods shall be handed over from the Seller\u2019s warehouse in <\/span>
\naccordance with the customary packaging and delivery method applicable to the relevant goods. By <\/span>separate agreement with the Customer, the Seller may arrange transport of the goods to a destination <\/span>
\nspecified by the Customer and, where necessary, other transport-related services. In such case, the <\/span>
\ntransport terms, costs and allocation of liability shall be agreed upon when the order is confirmed.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

V. PRICE AND PAYMENT TERMS<\/span><\/strong>
\n30. The parties agree that the price of the product shall be the price specified in this Agreement. All <\/span>
\npayments due from the Buyer under the Agreement shall be made to the Seller\u2019s bank account.<\/span>
\n31. The Buyer undertakes to pay for the product in the amount and on the terms specified in this<\/span>
\nAgreement.<\/span>
\n32. Before commencing manufacture of the product, the Seller shall be entitled to request an advance<\/span>
\npayment of up to 50% of the product price. The Seller is obliged to inform the Buyer of the advance <\/span>
\npayment requirement before entering into this Agreement. The requirement for an advance payment and its amount shall be specified in this Agreement.<\/span>
\n33. The Customer undertakes to pay invoices by the due date stated on the invoice. In the event of late <\/span>
\npayment, the Seller shall be entitled to use the remedies permitted by law and by the agreement <\/span>
\nbetween the parties, including charging default interest and, where justified, claiming reimbursement of costs associated with debt recovery.<\/span>
\n34. If an invoice remains unpaid after a payment reminder has been sent, the Seller shall be entitled to refer <\/span>
\nthe claim to a debt collection service provider or use other legally permitted means to recover the debt.<\/span>
\n35. The parties agree that where installation works have been ordered, the Buyer shall pay for the<\/span>
\ninstallation works within three working days after the handover and acceptance certificate for the<\/span>
\ninstallation works has been signed. Payment for the installation works shall be made to the Seller\u2019s bank account.<\/span><\/p>\n

VI. INSPECTION OF GOODS, NOTIFICATION OF NON-CONFORMITY AND REMEDY OF <\/span><\/strong>
\nNON-CONFORMITY<\/span><\/strong>
\n36. Upon delivery of the product, the Buyer shall sign a delivery note specifying the type and quantity of the<\/span>
\ndelivered product, the number of the Sale and Purchase Agreement and the time of delivery. Before <\/span>
\nsigning the delivery note, the Buyer is obliged to inspect the ordered product with reasonable care and<\/span>
\nto notify the Seller immediately of any defects discovered. Any defect identified shall be recorded on the <\/span>
\ndelivery note. The parties agree that by signing the delivery note, the Buyer confirms that the product<\/span>
\ncomplies with the terms of the Agreement.<\/span>
\n37. If the product\u2019s non-conformity with the Agreement could not reasonably have been discovered during<\/span>
\ninspection, the Buyer may rely on such non-conformity only if the Buyer notifies the Seller without delay,<\/span>
\nbut no later than within five (5) calendar days from the date on which the Buyer discovered or should<\/span>
\nhave discovered the defect. The parties agree that notification of non-conformity must be provided in a <\/span>
\nform that can be reproduced in writing and must describe the circumstances of the non-conformity as<\/span>
\nprecisely as possible.<\/span>
\n38. If the Buyer has notified the Seller of the product\u2019s non-conformity in accordance with this Agreement<\/span>
\nand the Seller does not dispute the non-conformity, the parties shall draw up a report concerning the<\/span>
\nrepurchased by the Seller. Unless otherwise agreed by the parties, the Seller shall remedy the non- <\/span>
\nconformity in the manner specified in the report within fourteen <\/span>
\n(14) days from the date on which the<\/span>
\nreport is drawn up.<\/span>
\n39. If the Buyer has notified the Seller of the product\u2019s non-conformity in accordance with this Agreement,<\/span>
\nbut the Seller considers that the product complies with the Agreement or that the non-conformity arose<\/span>
\nafter delivery due to circumstances for which the Buyer bears the risk under applicable law and this<\/span>
\nAgreement, the conformity of the product shall be assessed by an expert. The parties shall agree jointly <\/span>
\non the expert. If the parties are unable to agree on the choice of expert, the expert shall be selected by <\/span>
\nthe Seller. The parties agree that the costs related to appointing the expert and examining the product <\/span>
\nshall initially be borne by the Buyer who submitted the claim. If the expert determines that the Buyer\u2019s<\/span>
\nclaim was justified, the Buyer shall be entitled to reimbursement from the Seller of the reasonable costs<\/span>
\nincurred in appointing the expert and carrying out the examination of the product.<\/span>
\n40. The parties agree that the same procedure that applies to inspection of the product and notification of<\/span>
\ndefects upon delivery shall also apply to the inspection of installation works and notification of defects therein, i.e. clauses 25\u201328 of this Agreement shall apply.<\/span><\/p>\n

VII. WARRANTY <\/span><\/strong>
\n41. The parties agree that the Seller provides a warranty of two (2) years for products manufactured by the<\/span>
\nSeller, starting from the date on which the product is delivered to the Buyer.<\/span>
\n42. The warranty does not apply to microcracks occurring on the surface of products made of natural stone,<\/span>
\nprovided that such microcracks do not affect the safety, structural integrity or transportability of the stone product.<\/span>
\n43. The warranty does not apply to material-specific variations in products made of natural stone, ceramic<\/span>
\nor engineered stone where such variations remain within the applicable tolerances or standards. <\/span>
\nTolerances are permitted for natural stone, ceramic and engineered stone where they comply with the <\/span>
\napplicable standard. Permitted tolerances are: overall worktop dimensions up to 3 mm; overall cut-out<\/span>
\ndimensions and cut-out centre positions \u00b13 mm; thickness of granite and marble worktops \u00b13 mm;<\/span>
\nthickness of quartz and ceramic worktops \u00b12 mm; worktop unevenness up to 0.5 mm; joints between <\/span>
\nworktops 1\u20133 mm; difference in height between backsplash panels 0.5 mm. In the case of ceramic surfaces, incorrect working methods may cause scratches on both matt and polished surfaces.<\/span>
\n44. The warranty does not apply where the product has broken, been damaged or otherwise impaired due<\/span>
\nto circumstances attributable to the Buyer, particularly as a result of failure to comply with maintenance <\/span>
\ninstructions. The warranty also does not apply where the product has been used for purposes or in a<\/span>
\nmanner for which it was not intended, or where the Buyer has independently altered, supplemented or modified the product.<\/span>
\n45. The warranty does not cover defects resulting from normal wear and tear.<\/span>
\n46. The warranty does not exclude or restrict the Buyer\u2019s right to rely on remedies provided by law.<\/span>
\n47. In the event of a warranty claim, the Seller must be notified in a form that can be reproduced in writing.<\/span>
\nThe claim must be sent to the Kivisepad AS office at Turu 51a, Tartu, Estonia, or by e-mail to <\/span>
\nkivi@kivisepad.ee.<\/span><\/p>\n

VIII. LIABILITY <\/span><\/strong>
\n48. The parties agree that each party shall be liable for a breach of its contractual obligations where the<\/span>
\nbreach is attributable to that party. The party in breach shall compensate the other party for any loss or <\/span>
\ndamage caused by improper performance or non-performance<\/span>
\nof the Agreement.<\/span>
\n49. The parties agree that if the Buyer fails to fulfil the payment obligations set out in this Agreement on<\/span>
\ntime, the Seller shall be entitled to charge default interest at the rate of 0.15% of the outstanding<\/span>
\namount for each day of delay. Accrual of default interest shall cease on the date on which the <\/span>
\noutstanding amount is paid. The parties agree that payments made towards the debt shall first be<\/span>
\napplied to accrued default interest and thereafter to the principal amount. Any waiver of default interest must be agreed by the parties in writing. <\/span>
\n50. The parties agree that if the Seller unjustifiably delays delivery of the product, the Buyer shall be entitled<\/span>
\nto claim default compensation from the Seller at the rate of 0.15% of the value of the delayed product for each day of delay.<\/span>
\n51. The parties agree that all costs arising from improper performance of the Agreement, including late<\/span>
\npayments, shall be borne by the party in breach. Such costs include, among other things, costs incurred<\/span>
\nin debt recovery, including collection agency fees,<\/span>
\ncourt costs and similar expenses.<\/span>
\n52. The parties agree that if the Buyer wishes to cancel the ordered product after entering into this<\/span>
\nAgreement, the first payment made by the Buyer shall be retained in full as a contractual penalty and<\/span>
\nshall not be refunded by the Seller.<\/span>
\n53. If the Buyer has sent the Seller, through a third party, including a courier service, an item from which the<\/span>
\nSeller is required to take verification measurements, any confirmation given to such third party,<\/span>
\nincluding a courier, regarding the condition of the item shall not be decisive for the purposes of liability. <\/span>
\nThe parties agree that the Seller shall inspect items received through third parties within one week from<\/span>
\nthe date of receipt and shall notify the Buyer without delay if any defects are discovered. The Seller shall<\/span>
\nnot be liable for defects that were already present before the item came into <\/span>
\nthe Seller\u2019s possession.<\/span>
\n54. The parties agree that a breach of contractual obligations shall be excused and non-performance or<\/span>
\nimproper performance shall not constitute a breach of the Agreement if the relevant party failed to<\/span>
\nperform due to force majeure. Force majeure means a circumstance beyond the reasonable control of <\/span>
\nthe party which, having regard to the principle of reasonableness, the party could not have been<\/span>
\nexpected to take into account at the time of entering into the Agreement, avoid or overcome, or<\/span>
\nprevent or overcome the effects of such circumstance. For the purposes of this Agreement, force <\/span>
\nmajeure may include, among other things, unforeseen labour shortages and unusually long delivery times.<\/span>
\n55. The parties agree that, in the event of force majeure, the contractual deadlines shall be extended by the<\/span>
\nduration of the force majeure circumstances.<\/span>
\n56. The Seller shall not be liable for other costs incurred by the Buyer unless the Buyer has informed the<\/span>
\nSeller of such potential costs in advance or has agreed them with the Seller. Other costs include any <\/span>
\nmistahes kulusid, mis v\u00f5ivad ostjal tekkida seoses toote viibimisega (nt tellitud elektriku<\/span>
\ntasukulu, tellitud torumehe tasukulu, planeeritud s\u00fcndmus jms).<\/span><\/p>\n

IX. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE AGREEMENT <\/span><\/strong>
\n57. The Agreement enters into force upon signature by both parties. By signing the Agreement, the parties <\/span>
\nconfirm the accuracy of the statements and representations contained in this document.<\/span>
\n58. The parties agree that all amendments, supplements and corrections to the Agreement must be made in<\/span>
\na form that can be reproduced in writing and shall enter into force upon approval by both parties. If the<\/span>
\nrequired form is not observed or the amendment is not approved by both parties, such amendment, <\/span>
\nsupplement or correction shall be<\/span>
\ndeemed invalid.<\/span><\/p>\n

X. FORCE MAJEURE<\/span><\/strong>
\n59. The Seller shall not be liable for delay in performance or failure to perform an obligation to the extent <\/span>
\nthat such delay or failure is caused by circumstances beyond the Seller\u2019s control which the Seller could <\/span>
\nnot reasonably have foreseen at the time of entering into the Agreement and the consequences of which the Seller could not reasonably have avoided or overcome.<\/span>
\n60. Depending on the circumstances, such events may include, among other things, natural disasters, fires, <\/span>
\nextensive power or communications outages, acts of war, strikes or other significant work stoppages, <\/span>
\nrestrictions imposed by public authorities, disruptions to transport connections or ports, significant <\/span>
\nsupply chain disruptions and other comparable circumstances beyond the Seller\u2019s control.<\/span>
\n61. In the event of force majeure, the Seller shall inform the Customer of the circumstances and their <\/span>
\nexpected effect on fulfilment of the order at the earliest reasonable opportunity.<\/span>
\n62. If the order cannot be fulfilled within the agreed period due to force majeure, the performance deadline <\/span>
\nshall be extended by a reasonable period corresponding to the duration and effect of the circumstances. <\/span>
\nIf the impediment continues for such a period that either party no longer has a reasonable interest in performance of the Agreement, that party shall be entitled to exercise any rights to terminate the Agreement available under applicable law or the Agreement.<\/span>
\n63. The force majeure provisions shall not restrict the Customer\u2019s rights to the extent that such restriction is not permitted under applicable law.<\/span><\/p>\n

XI. DISPUTE RESOLUTION <\/span><\/strong>
\n64. The parties agree that all disputes arising from this Agreement shall first be attempted to be resolved<\/span>
\nthrough negotiations. If a dispute cannot be resolved through negotiations, it shall be resolved by Tartu <\/span>
\nCounty Court.<\/span><\/p>\n

XII. FINAL PROVISIONS <\/span><\/strong>
\n65. By signing the Agreement, the parties confirm that they are duly authorised to enter into this<\/span>
\nAgreement. The parties further confirm that their authorisations are valid and that they possess all <\/span>
\nnecessary rights and powers to enter into and perform<\/span>
\nthis Agreement.<\/span>
\n66. The Agreement is executed in two identical counterparts of equal legal force, one of which shall remain<\/span>
\nwith the Buyer and the other with the Seller.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

GENERAL TERMS AND CONDITIONS OF THE SALE AND PURCHASE AGREEMENT I. CONTENT OF THE AGREEMENT 1. The parties agree that Kivisepad AS (hereinafter: the Seller) undertakes, under the Agreement, to sell to the Buyer a product made of natural or engineered stone, manufactured by the Seller according to the Buyer\u2019s order. 2. The Seller is […]<\/p>\n","protected":false},"author":7,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"yoast_head":"\nTerms and Conditions of Purchase - Kivisepad<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.kivisepad.ee\/en\/terms-of-purchase\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions of Purchase - Kivisepad\" \/>\n<meta property=\"og:description\" content=\"GENERAL TERMS AND CONDITIONS OF THE SALE AND PURCHASE AGREEMENT I. CONTENT OF THE AGREEMENT 1. The parties agree that Kivisepad AS (hereinafter: the Seller) undertakes, under the Agreement, to sell to the Buyer a product made of natural or engineered stone, manufactured by the Seller according to the Buyer\u2019s order. 2. 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