General Business Terms
1.1 Any deliveries and services provided by atlantics (hereinafter referred to as supplier) are exclusively carried out as set out in the present terms and conditions. Any variations of these terms shall only be effective if confirmed by atlantics in writing.
1.2 By placing an order with us, irrespective of the form in which this has been done, the purchaser accepts our terms of delivery and payment for the entire duration of our business relations.
1.3 Any markings made on equipment delivered by us, regardless of shape and size, shall not constitute a reason for a notice of defect and shall be removed by the purchaser at their expense if requested.
2. Offer, Prices, Packaging
2.1 Any documentation as included in the offer, such as pictures, drawings, specifications on weights and quantities shall not be considered to be binding, unless expressly indicated to be legally binding. Any dimensions, weights, materials or construction plans are subject to change. Illustrations shall not be absolutely binding, as the supplier is constantly aiming to improve their equipment.
2.2 The supplier reserves proprietary rights and copy right regarding any estimation of costs, drawings as well as any other documentation. They shall not be disclosed to any third parties. In the case of non-realization or termination of the contract, any documentation shall be returned without delay to the supplier on request; any right of retention shall be excluded.
2.3 Any offers are subject to confirmation. Prices are valid as on day of order plus VAT. Any changes in prices shall be announced in the written order confirmation. Unless an objection is brought forward within 7 calendar days upon receipt of order confirmation, the purchaser’s agreement with the changed prices shall be presumed in a legally binding way and the goods or services shall be delivered at that price. Any prices quoted by us are valid for the specific, individual order only; repeat orders are treated as new orders. All prices are inclusive of packing, which shall become the property of the purchaser. Excepted are euro-pallets as well as euro-skeleton transport boxes.
3. Delivery, Mode of Dispatch and Freight Charges
3.1 All our prices are quoted ex works Döbeln.
3.2 Unless otherwise agreed, the supplier can choose the mode of dispatch. Delivery shall be carried out at purchaser’s risk. We are authorised to carry out partial deliveries. Each partial delivery shall be considered as an independent contract in legal terms.
3.3 The purchaser is obliged to obtain written acknowledgment of any damage in transit from the carrier immediately upon receipt of the goods. Claims shall only be accepted within 7 calendar days upon receipt of the goods.
3.4 The supplier aims to meet the delivery times as indicated, any obligation to keep to the agreed delivery times, however, shall only be assumed if expressly stated in a written guarantee of delivery time. Even if such a written guarantee exists, delivery might be delayed accordingly if caused by any circumstances beyond the supplier’s control. Particularly any operational interruptions, any action resulting from labour disputes, faults in the supplied material, and delays in subcontracted supply and cases of Force Majeure are considered to be circumstances beyond the supplier’s control.
4.1 Unless otherwise stated or expressly indicated in our quotation, all our prices are quoted exclusive of assembly.
4.2 Provided that assembly is carried out at a fixed price, the following shall apply: creating and maintaining of the specifically required conditions for assembly as indicated in the building log book as well as providing of any materials etc. that might be required are essential prerequisites for the price guarantee. Any prices agreed on apply to normal conditions.
4.3 In case of any complicated conditions and if the purchaser is not able to meet or only partially meets the conditions to be provided by them within the agreed due time, any additional costs incurred by the supplier as a result from such conditions or delay shall be borne by the purchaser.
4.4 The supplier shall be entitled to invoice and call due at least 50% of the merchandise net value in case of delay in assembly and thereby caused delayed acceptance procedure.
5. Payment, Delayed Payment
5.1 Payment has to be made within and according to the agreed terms of payment. Any cash or other discounts are granted upon prior written confirmation only. Any unjustified and unauthorised reductions shall be claimed back.
5.2 The supplier is entitled to separately invoice and call due any partial deliveries of a complete order placed. Any set-off of counterclaims made by the purchaser against claims of the supplier is excluded.
5.3 Should the purchaser exceed the agreed date of payment by more than 2 weeks, the supplier shall be entitled to charge interest in the amount of at least 5% over the discount rate of the German Federal Bank. Furthermore, any cash or other discounts that have been granted up to that time shall be claimed back
6.1 Any claims have to be made by the purchaser by registered post without delay, at the latest within one week upon receipt of the goods at the ship-to location.
6.2 Upon admittance of any claims it shall be in the sole discretion of the supplier to decide whether rectification of the defect or a replacement delivery shall be carried out. Any further claims by the purchaser shall be excluded.
6.3 Informing the supplier of any claims shall not release the purchaser of their duty to settle their account in due time. Any changes resulting from current technical development that do not influence the operational reliability of the delivery item shall not be claimable. The remaining terms of the contract shall remain unaffected.
7. Reservation of Proprietary
Rights Delivery of the goods is carried out retaining the supplier’s reservation of proprietary rights as follows:
7.1 The goods shall remain property of the supplier until full payment of all present and future pecuniary claims the suppliers might have against the purchaser.
7.2 Any pecuniary claims of the purchaser resulting from selling-on of the goods subject to the retention of title shall be assigned to the supplier forthwith. The purchaser shall only be entitled to resell any delivery items on a regular course of business provided that such an assignment of title shall have been agreed on. The purchaser shall not be authorized to dispose of the delivery items in any other way, particularly pledging of the goods or security transfer of title shall not be authorised. Despite this assignment in advance, the purchaser shall be authorised to collect any receivables resulting from selling-on of the goods until revoked. The supplier’s right of recovery shall remain unaffected.
7.3 In case of purchaser’s conduct contrary to the terms of contract, particularly delay in payment, the supplier shall be authorized to withdraw the goods and the purchaser shall be obliged to hand them over. Assertion of retention of title or pledging of the delivery item by the supplier shall not be accepted as cancellation of contract.
7.4 Any processing or alteration of the delivery items subject to retention of title shall exclusively be carried out by the supplier. Should any of these items be processed with any other items not belonging to the supplier or formed into a joint object, it is agreed that the purchaser grants the supplier joint ownership corresponding to the value ration of the items delivered by the supplier compared to the other items. The same regulation as for items delivered on retention of title applies.
8. Warranty, Liability for Defects
8.1 We grant a warranty of 2 years (Germany 5 years) for all equipment manufactured by us in accordance with our warranty conditions. Scumbling coat is covered by 6 months warranty.
8.2 It is in our sole discretion to provide the specific kind of warranty service, to resolve any flaws in material or production by providing replacement or remedy of the affected parts. This applies particularly to warranty work where any remedy work required is economically out of proportion to the journey required. In such cases, the supplier may assign remedy of the defect to the purchaser by sending the appropriate material. This does not apply to any work which may not be carried out competently by the purchaser due to special expertise required (such as welding or alteration).
8.3 Warranty shall become void if the delivery item is used incorrectly or changed without prior written consent by us, if the purchaser carries out assembly work incorrectly and such faulty assembly causes any defects or if the purchaser does not follow the corresponding service notes for maintenance.
8.4 Any parts intentionally or negligently damaged, such as cut cords, chains or ropes, any damaged mounting parts etc. are not subject to warranty. Furthermore, we cannot grant any responsibility for cracks in the wood and resin flux as well as for damages such as broken bars of a wall bars climbing frame or climbing ladders, normal wear and tear of climbing ropes, swing ropes, nets and damages resulting from general wear and tear.
8.5 The supplier shall not be obliged to provide remedy for defects as long as the purchaser does not meet their obligations. Any further claims of the purchaser shall be excluded. This applies particularly to any claim for compensation of damages which do not occur directly to the delivery item itself, unless caused by the supplier by gross negligence and intent. Any claims resulting from consequential damage of a deficiency shall be excluded in principle.
9. Contract Termination
9.1 The purchaser is entitled to withdraw from the contract if the supplier is unable to carry out complete delivery prior to transfer of risk or if the supplier fails to meet an adequately extended deadline for repair or replacement of items with regard to a defect within their responsibility.
9.2 Should any information on negative liquidity of the purchaser become known subsequently, which indicate a significantly worsened financial situation, the supplier shall be authorised to hold back deliveries that have not been paid for and to terminate the contract upon fixing of an appropriate period without prejudice of any right of return of the goods delivered subject to retention of title.
10. New Releases
Any catalogues, brochures, price lists as well as terms of delivery and payment shall no longer be valid upon new release of the same.
11. Picture and Photo
Rights The supplier shall have picture and photo rights exempt from charges of any products made by them. The supplier may exercise that right at no cost and in an unlimited way. This shall also apply to any products designed according to the purchaser’s requirements.
12. Data Confidentiality
The supplier shall be entitled to save and process any data referring the business relationship with the purchaser in accordance with the BDSG.
13. Miscellaneous Provisions
13.1 In case any one or more of the provisions shall be deemed to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions, or portions of provisions, contained herein shall not be in any way affected or impaired thereby. They shall be replaced by valid provisions as close as possible to the intended purpose.
13.2 The supplier undertakes to support the purchaser in the prevention of plagiarism and any other forms infringing on our current proprietary right, copy right and know-how right to the best of our knowledge.
13.3 Any verbal agreements have to be confirmed in written form by both parties in order to become effective.
14. Place of Jurisdiction
The court of jurisdiction for any disputes arising from this contract including any action on a cheque or bill of exchange is the local court Leipzig. The supplier and the purchaser agree that the laws of the Federal Republic of Germany shall be applicable. By uncontradicted acceptance of this document stating the supplier’s terms and conditions, the purchaser irrevocably consents to the aforesaid stipulations.