General Terms and Conditions

atlantics gtc Edelstahlmanufacturer

GTC

Our general terms and conditions

1. General
1.1 All deliveries and services of atlantics (hereinafter referred to as the Supplier) shall be provided exclusively on the basis of these Terms and Conditions. Deviations from these terms and conditions shall only be effective if confirmed in writing by atlantics.

1.2 By placing an order with us, irrespective of the form in which it is placed, the Purchaser recognises our Terms and Conditions of Delivery and Payment for the duration of the entire business relationship.

1.3 The manufacturer’s labelling applied to the equipment supplied by us, regardless of the form and size, shall not constitute grounds for a complaint and must be removed by the customer himself at his own expense if desired.


2. Offer, Prices, Packaging
2.1 The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the right to deviations in dimensions, weights or materials as well as design changes. Illustrations are not strictly authoritative, as the supplier is constantly endeavouring to improve its equipment.

2.2 The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents. They may not be made accessible to third parties. In the event of non-conclusion or cancellation of the contract, they must be returned to the supplier immediately upon request; a right of retention is excluded.

2.3 The offers are subject to change. The prices valid on the day of the order shall apply, plus statutory VAT. If the prices have changed, this will be announced in the written order confirmation. If no objection is raised within 7 calendar days of receipt of the order confirmation, the customer’s agreement to the price change shall be legally binding and delivery shall be made at this price. The prices quoted by us shall only apply to the individual order; repeat orders shall be deemed to be new orders. All prices include packaging, which becomes the property of the customer. Euro pallets and Euro lattice boxes are excluded from this.


3. Delivery, Mode of Despatch, Freight Costs
3.1 All prices are ex works Döbeln / Germany.

3.2 Unless otherwise agreed, the Supplier may select the mode of despatch itself. Delivery shall be at the risk of the customer. We are authorised to make partial deliveries, whereby each partial delivery is legally considered an independent contract.

3.3 The customer must have transport damage certified by the carrier immediately upon receipt. Complaints will only be recognised within 7 calendar days of receipt of the equipment.

3.4 The Supplier shall endeavour to meet the stated delivery times punctually, but shall only assume an obligation to meet a delivery time by means of an express written delivery time guarantee. Even in these cases, the delivery time shall be extended appropriately if circumstances for which the supplier is not responsible cause a delay. Circumstances for which he is not responsible include, in particular, operational disruptions for which he is not responsible, measures due to labour disputes, defects in the material he has procured, delayed delivery, force majeure.


4. Assembly
4.1 In principle, all prices, unless otherwise stated or shown as a condition in cost estimates, do not include assembly.

4.2 If the installation is carried out at a fixed price, the following applies: The creation and fulfilment of the installation requirements specified in the construction protocol and the possible provision of materials, etc., are the basis for the price guarantee. The agreed prices are for normal conditions.

4.3 In the event of more difficult conditions and if the customer does not fulfil or only partially fulfils the requirements to be met by him on a specified date, he shall bear the additional costs incurred by the supplier as a result.

4.4 In particular, the Supplier shall be entitled to invoice and demand payment of at least 50% of the net value of the goods in the event of a delay in assembly and thus acceptance.


5. Payment, Default of Payment
5.1 Payment must be received within the agreed payment term. We only grant discounts or rebates after prior written agreement. Unauthorised reductions will be demanded subsequently.

5.2 The supplier is entitled to invoice partial deliveries from an overall order placed separately and to make them due for payment. Set-offs with counterclaims of the customer against claims of the supplier are excluded.

5.3 If the Buyer exceeds an agreed payment date by more than 2 weeks, the Supplier shall be entitled to demand interest of at least 5% above the discount rate of the Deutsche Bundesbank. Furthermore, all discounts or rebates granted up to this point in time shall be demanded subsequently.


6. Notification of Defects
6.1 Notices of defects must be notified to us by the customer immediately, at the latest within one week of receipt of the goods at the place of destination, by registered letter.

6.2 If notices of defects are recognised, the decision to repair or replace the goods shall be at the discretion of the supplier. The Buyer shall have no further claims for damages.

6.3 The lodging of complaints shall not release the Purchaser from the obligation to settle the invoice on time. Changes in the course of technical development that do not impair the functionality of the delivery item are not subject to complaint and the remaining content of the contract is not affected by this.

 

7. Retention of Title
Delivery of the goods shall be subject to retention of title by the supplier as follows:

7.1 The goods shall remain the property of the Supplier until full payment of all present and future claims of the Supplier against the Purchaser.

7.2 The Purchaser’s claim arising from the resale of the goods subject to retention of title is hereby assigned to the Supplier. The Purchaser is only authorised to resell the delivery items in the regular course of business subject to this provision. The purchaser is not authorised to dispose of the delivery items in any other way, in particular to pledge them or assign them as security. The purchaser is authorised to collect the claim from the resale despite the advance assignment until revoked. This shall not affect the Supplier’s authorisation to collect.

7.3 In the event of breach of contract by the Purchaser, in particular default of payment, the Supplier shall be entitled to take back the goods and the Purchaser shall be obliged to surrender them. The assertion of the retention of title or seizure of the delivery item by the Supplier shall not be deemed a cancellation of the contract.

7.4 The processing or transformation of the items delivered under retention of title shall always be carried out by the supplier. If these items are processed with other items not belonging to the Supplier or combined to form a single item, it is agreed that the Purchaser shall grant the Supplier co-ownership corresponding to the value ratio of the items delivered by the Supplier to the other items. In all other respects, the same provision shall apply as for the item delivered subject to retention of title.

 

8. Warranty, Liability for Defects
8.1 For all devices manufactured by us, we provide a warranty for defects in material and workmanship for a period of 2 years (5 years in Germany) in accordance with our warranty conditions. Electrical components (traffic lights, sensors, etc.), plastic components (portholes, panoramic windows, splash guards, etc.), wooden components, wearing parts (ropes and shackles, locks, slide mats, etc.) and colour coatings (glaze coatings, powder and wet coatings, etc.) are only warranted against defects in material and workmanship for a period of 6 months.

8.2 The type of warranty service to rectify material or manufacturing defects by replacing or repairing the affected parts is at our discretion. This applies in particular to warranty work where the necessary reworking is out of all economic proportion to the journey. In this case, the supplier can transfer the rectification of defects to the customer by delivering the corresponding material. This shall not apply to work which the Buyer is not technically capable of performing (e.g. welding or moulding).

8.3 The warranty shall not apply if the delivery item is used or modified improperly without our written consent, if the customer has not carried out the installation properly and the reason for the defect lies in the faulty installation or if the customer does not comply with the relevant maintenance instructions.

8.4 Parts damaged wilfully or through negligence, e.g. cut ropes, chains or ropes, damaged installation elements etc. shall not give rise to any warranty claims. Furthermore, no warranty is given for cracks in the wood and resin flow or for damage such as broken rungs on rung walls or grid ladders, normal wear and tear on climbing ropes, swing ropes, nets and damage due to general wear and tear.

8.5 The supplier is not obliged to remedy defects as long as the customer does not fulfil his obligations. Further claims of the customer are excluded, in particular a claim for compensation for damage that has not occurred to the delivery item itself, unless this has been caused by gross negligence or intent on the part of the supplier. In principle, claims arising from consequential damage caused by a defect are excluded.

 

9. Withdrawal from the Contract / Cancellation
9.1 The Purchaser may withdraw from the contract if the Supplier is unable to provide the entire service before the transfer of risk or if the Supplier allows a sufficient period of grace granted to it for the repair or replacement delivery with regard to a defect for which it is responsible to expire fruitlessly.

9.2 If subsequent findings concerning the negative liquidity of the customer become known which indicate that the financial situation has deteriorated significantly, the supplier shall be entitled to withhold deliveries not yet paid for and to withdraw from the contract after setting a reasonable deadline, without prejudice to the right to take back the goods delivered under retention of title.

9.3 In the event of cancellation or termination of the contract by the Client, which is not due to the fault of atlantics, final compensation costs due to non-fulfilment of at least 40% to a maximum of 100% of the order value shall be incurred, depending on the processing status.

 

10. New Publications
Catalogues, brochures, price lists as well as delivery and payment conditions lose their validity with new publications of the same.


11. image and Photo Rights
The supplier is entitled to image and photo rights to the products manufactured by him free of charge. He may use these free of charge and without restriction. This also applies if the products have been designed according to the customer’s specifications.


12. Data Protection
The Supplier shall be authorised to store and process all data relating to the business relationship with the Customer within the meaning of the BDSG.

 

13. Other Provisions
13.1 The invalidity of individual provisions shall not affect the validity of the remaining provisions. They are to be replaced by effective provisions that come as close as possible to the intended purpose.

13.2 The Customer undertakes to support the Supplier to the best of its knowledge in its defence against copycats, plagiarists and other infringers of our industrial property rights, copyrights or know-how rights.

13.3 Verbal agreements must be confirmed in writing by both parties in order to be valid.


14. Place of Jurisdiction
The place of jurisdiction for all legal disputes arising from the contractual relationship, including actions on cheques and bills of exchange, shall be Leipzig Local Court. The law of the Federal Republic of Germany shall apply between the Purchaser and the Supplier. By accepting this form together with the Supplier’s General Terms and Conditions without objection, the Purchaser confirms its irrevocable agreement with the above terms and conditions.