General Terms and Conditions
Scope
The terms and conditions of ATEC Armaturenbau-und Technik GmbH apply exclusively for
all business
relationships. Deviations from these terms and
conditions always require express written
confirmation from us, and do not apply for other
previous or subsequent cases. We do not accept any
deviating purchase and order conditions from the
side of Buyer.
Offer
All offers are subject to change, and are non-binding.
Dimensions, weights, drawing specifications and
templates are only approximately authoritative and
only binding by our express writing confirmation
Offer validity is specified individually.
Prices
All prices are net and apply ex works, Nieder-Olm;
VAT at their current applicable rates, packaging,
transport, installation and insurance costs shall be
payable additionally.
The prices at the moment of order are applicable.
With a period of more than 4 months between
conclusion of the contract and agreed delivery date,
ATEC Armaturenbau- und Technik GmbH shall be
entitled to adapt the prices, if suppliers of ATEC
Armaturenbau- und Technik GmbH have changed
their prices taking effect on the order.
Obvious mistake, typing and computational errors
also entitle us later to the correction.
Order acceptance
The contract shall be entered into when the client's
order is confirmed in writing or if the performance
has started or if the products were delivered. Verbal
ancillary agreements and confirmations are invalid without ATEC Armaturenbau- und Technik
GmbH's
written approval.
Delivery and delivery deadlines
Delivery time is approximately and begins after all
technical and financial details of the contract have
been agreed upon.
If Buyer requests technical modifications after
receipt of our order confirmations, the delivery
period is extended adequately.
The delivery date shall be extended accordingly if
failure to comply with the delivery date is the result
of force majeure, industrial disputes or other events
that are outside the sphere of influence of the
Supplier.
In case Buyer defaults on his payments or if there are
any adverse changes to the financial circumstances
of Buyer - especially when Buyer files bankruptcy or
voluntary bankruptcy, Seller is entitled to withhold
deliveries until Buyer has either furnished securities
or made payments in advance.
Payments
Payment is due net 30 days after date of invoice. We
are entitled to deliver against payment in advance or
against cash on delivery.
Checks are only accepted if final payment is
received. All debiting cost will be charged to Buyer.
The Buyer shall be obligated to pay interest on any
late payment in the amount of 3% above the base
interest rate.
The Buyer is not entitled to withhold or offset any
payments, unless explicitly accepted in writing by
Seller or resolved by non-appealable verdict.
Intellectual property right.
The intellectual property rights in our offers,
technical drawings, product information as well as
the patent rights in our products shall remain our
property whatever the case may be. Without our
express consent, it is not allowed to copy them in
whatever manner or to disclose them to third parties.
The ordered is only entitled to use these internally
within the limits of the contract.
Transfer of risk
Risk shall be transferred to the Buyer when the items
to be delivered have left the works of the Supplier.
This shall also apply in the case of partial deliveries
or if the Supplier has taken over other assignments
as well, e.g. the costs for delivery.
If dispatch or acceptance is delayed or not
completed as a result of circumstances for which the
Supplier cannot be held responsible, then the
transfer of risk to the Buyer shall take place on the
date of notification of readiness for dispatch or
acceptance.
Reservation of proprietary rights
The Seller retains title to all goods delivered until all
of Seller's present and future claims against Buyer
have been settled. If Buyer processes or assembles
our goods with other goods, Seller has joint owner
ship rights in the goods which have been processed
or assembled using our goods in proportion of the
value of our goods and the sales value of the
processed or assembled goods. Buyer is authorized to resell our goods only in the ordinary
course of
business. Buyer hereby assigns to Seller all of
Buyer's claims in respect to our goods arising out of
resale or any other legal grounds.
The Buyer shall maintain the products supplied in an
orderly condition for the period of the retention of
title and shall execute all required maintenance
works or have them executed by a third party.
Acceptance
100% of our products are tested according to DIN
12266-1. Acceptance tests including certificates,
which are more extensive, must be known and
confirmed in detail at the time of conclusion of the
contract in terms of type and scope. The costs shall
be borne by the purchaser insofar as these costs are
not assumed in writing by us. If the acceptance is
not, not completely or not done on time by the
customer, we are entitled to send the delivery
without acceptance or to store it at the expense of
the customer.
Warranty / Damages
Complaints regarding transport damage or lost
deliveries must be immediately lodged by the Buyer
with the company responsible for the transportation.
Complaints about quantities or the quality of the
delivered item must be reported to us no later than 8
days of receiving the delivery.
Seller may decide whether to correct the material
defect or provide a defect-free replacement,
provided the cause of the material defect already
existed at the time of the transfer of risk. If Seller decides to correct the defect
(repair), Buyer must
grant appropriate time for repair after prior
consultation with us. If Seller is unable to repair the
goods, Buyer may - regardless of any claims for
compensation - choose to withdraw from the
contract, or reduce the purchase price.
Buyer carries full burden of proof for any claims,
especially for the defect itself, for the time of defect
recognition, and the timely notification of defects. If
the notification of defects is unjustified, Seller is
entitled to claim compensation from Buyer for his
expenses. If Buyer or third persons perform improper changes
or repairs, these and the consequences arising from
them are exempt from warranty.
All liability claims lapse after 24 months. With
intentional breach of duties or gross negligence,
injury to life, health and body as well as with claims
according to the product liability laws, the statutory
periods apply.
Claims by Buyer concerning expenses due to repairs,
especially costs for transportation, mileage, labor
and materials, are rejected.
Other rights of the buyer / of the supplier
The Supplier is entitled to withdraw from the contract
if the fulfilment of the contract becomes impossible
for the Supplier for reasons for which they are not
responsible or if events unforeseen at the time of the
conclusion of contract fundamentally change the
contractual relationship such that being held to the
contract would be unreasonable.
If the Supplier intends to assert this right to
withdrawal, the Supplier must notify the Buyer.
In this case, the Supplier can demand compensation
from the Buyer for all necessary expenses incurred
for the fulfilment of the contract, unless the items
produced according to contract can be used for
other purposes.
Technical consultation
The Supplier is obligated to obtain the Buyer's
approval prior to making documentation identified as
confidential by the Buyer available to third parties.
The Supplier shall retain the title and copyright to
cost estimates, drawings and other documentation;
they may not be made accessible to third parties
unless the Supplier has expressly agreed.
For specifications of weights and dimensions in
technical documentation (figures, drawings), the
tolerances that are customary for the industry shall
apply.
Data protection
We point to the fact that the customer data collected
in connection with the fulfillment of the contract are
processed in accordance with the legal privacy
regulations.
Place of jurisdiction and applicable low
Place of jurisdiction is Nieder-Olm, Germany. We
reserve the right to bring a suit against Buyer
wherever Buyer is subject to jurisdiction. All rights
and obligations are exclusively governed by the
legislation in force in the Federal Republic of
Germany.