General terms and condition of ATUS Automatisierungstechnik GmbH
1.1 In respect to business relations between ATUS Automatisierungstechnik GmbH and its customers shall apply exclusively the following general terms and conditions.
1.2 Any different terms and conditions of the payer and supplementary agreements will not be recognised by ATUS Automatisierungstechnik GmbH, except ATUS Automatisierungstechnik GmbH has specifically approved their validity on paper.
1.3 Any information contained in catalogues, brochures, etc. and any other written or oral statements according to weight, measurements, prices, services and so forth are purely indicative and subject to general continuous changes. They are mandatory, if it referred explicitly in the contract. Otherwise shall be deemed agreed the data of the day of confirmation.
2. Conclusion and cancellation of the contract
2.1 All offers are non-binding
2.2 The contract will be considered accepted if it is confirmed in writing by ATUS Automatisierungstechnik GmbH within 3 weeks or the delivery has already been executed.
2.3 Agreed prices are net prices and are in Euro (€). The legal value added tax and charges for transport and packing will be calculated excluding.
2.4 Order changes can just be modified in written mutual agreements.
2.5 For orders of the payer via internet, ATUS Automatisierungstechnik GmbH is committed to include it to the conditions of the website. In case of clerical, typographical and computational errors ATUS Automatisierungstechnik GmbH has the right to cancel the contract.
2.6 After submitting his order at ATUS Automatisierungstechnik GmbH the payer is bound by their order for 3 weeks. In case of a cancellation, the cancellation fee is 3 percent of the order value, but at least 15 Euro.
2.7 Indicated delivery dates are non-binding, unless there is written agreement. The customer also undertakes to purchase partial delivery, except it is unreasonable to the customer. The customer is usually untitled to resign in case of non-compliance of delivery dates, if ATUS Automatisierungstechnik GmbH has required a grace period of 4 weeks.
2.8 ATUS Automatisierungstechnik GmbH reserves the withdrawing of the contract, if the goods cannot be obtained or just can be obtained overpriced even with reasonable effort. In this case the customer will be informed immediately. If the goods were already paid, the sales price will be returned.
2.9 The agreed delivery time extend, if the payer amend or modified the contractual performance content on exposed wishes.
1) The delivery time also gets extended, if:
a.) There are unpredictable incidents outside of the will of ATUS Automatisierungstechnik GmbH, for example force majeure, prohibitions or restrictions on import and export etc.
b.) Delays or failures on deliveries of the contract service subjects
c.) strike or lockout of ATUS Automatisierungstechnik GmbH
2) Paragraph 1 (a-c) also applies in spirit for suppliers and sub-suppliers of ATUS Automatisierungstechnik GmbH
3) In the cases of paragraph 1 the rights of the customers preferred in §323 BGB are unaffected.
2.11 If performance barriers are not just temporary and the ATUS Automatisierungstechnik GmbH is not responsible for it, than ATUS Automatisierungstechnik GmbH is entitled to withdraw from the contract. In this case the purchaser has no claims in connection with the contract cancellation of ATUS Automatisierungstechnik GmbH.
2.12 When it is recognizable, that the purchaser cannot respect the payment appropriations, ATUS Automatisierungstechnik GmbH is enabled to withdraw from the contract, to require cash in advance or to reclaim reserved goods by agreed cash in advance.
2.13 ATUS Automatisierungstechnik GmbH can make construction or shape changes on the contract subject, if these changes are not fundamentally and the ordinary contractual purpose will not be restricted.
3.1 If no form of delivery is agreed, then the collection of the goods will be done by the purchaser at the warehouse of ATUS Automatisierungstechnik GmbH. The danger of a randomly downfall or a randomly deterioration of the goods to be supplied is transferred to the purchaser, as soon as they are delivered to the customer. The same is true, if the goods are delivered to the executive person or they have left the warehouse of ATUS Automatisierungstechnik GmbH for delivering. Is the shipping delayed at customers’ request, the danger of a randomly downfall or a randomly deterioration of the goods to be supplied is transferred with the report of the readiness for shipment to the purchaser.
3.2 Is the delivery of goods agreed, it will be done (unless otherwise agreed in writing) non-free per parcel-service or freight forwarding. If there is no written communication by the customer, all deliveries will be insured for transport at the expense of the customer.
4. Retention of title
4.1 The delivered goods are subject of all forms of retention of title
4.2 The ATUS Automatisierungstechnik GmbH reserves the ownership of all delivered goods up to the complete payment of all claims by ATUS Automatisierungstechnik GmbH, including ancillary costs like packing and shipping costs.
4.3 When installing in foreign goods by the customer, ATUS Automatisierungstechnik GmbH become co-owner of the new product in relations between the value of the delivered goods and the used foreign products.
4.4 The purchaser is entitled to sell the delivered goods by ATUS Automatisierungstechnik GmbH in the course of proper business under the described retention of title. At the moment of contract conclusion with ATUS Automatisierungstechnik GmbH the customer assigns his demands from the resales to ATUS Automatisierungstechnik GmbH. The customer is authorised to collect the claims from the buyer. ATUS Automatisierungstechnik GmbH reserves the right to display the assignment and to collect the claims himself, if the customer does not fulfil his payment obligation. If the customers’ payment obligations are in delay, he is committed, after request of ATUS Automatisierungstechnik GmbH, to inform about the required information, especially the sold goods, names, addresses and telephone numbers of the buyer.
4.5 In case of an attachment or other affecting situation by third parties, is the customer committed to notify immediately about the retention of title and the property of ATUS Automatisierungstechnik GmbH. Furthermore is the customer committed to inform ATUS Automatisierungstechnik GmbH about the situation by phone or tax. The purchaser also is committed to notify ATUS Automatisierungstechnik GmbH about the name of the third parties, which operate the attachment or other affecting situation so, that ATUS Automatisierungstechnik GmbH is capable of maintaining their legal interest to third parties. ATUS Automatisierungstechnik GmbH is obliged to release the securities it is entitled to at the request of the Customer, provided these do not exceed 20% of the value of the claim to be secured.
5.1 The agreed terms of payment for delivery; cash on delivery, cashier’s check on delivery, direct debit; apply within the context of the given limit by ATUS Automatisierungstechnik GmbH. First-time-orders shall be obtained in respect of cash on delivery or advance payment.
5.2 All payments are to achieve, unless otherwise agreed, within the payment-terms of the invoices. On exceeding the payment-terms the customer is in default of payment – without sending a reminder.
5.3 Any delayed payment will be charged by default interests amounting to 8% above the cash interest rate of the Deutsche Bundesbank.
6. Set-off, assignment, retainage
The customer has no right of retention. He only has the right to set-off or assignment, if his counterclaims are legally determined or if they are recognized by ATUS Automatisierungstechnik GmbH. Warranty claims does not affect the maturity of the claims of ATUS Automatisierungstechnik GmbH.
7. Guarantee and liability
7.1 The purchased goods of ATUS Automatisierungstechnik GmbH are delivered under legal guarantee conditions and under the conditions specified in 7.3. The guarantee for batteries is limited to 6 months.
7.2 For third-party products, which neither are produced nor marked by ATUS Automatisierungstechnik GmbH, shall apply exclusively the warranty statement of the manufacturer.
7.3 There is no warranty claim on consumable parts. Warranty and guaranty claims basically exists only when there are manufacturing defects.
7.4 The legal warranty deadline is a limitation period starting at risk transfer, including claims on consequential damage replacements, as far as no requirements from bad action are made valid.
7.5 The delivery of goods, at bilateral commercial transactions, should be examined immediately about damage in transit, incorrect goods and amounts. Related reclamations, which come true at ATUS Automatisierungstechnik GmbH after more than three working days, cannot be considered. Damage in transit is to report against the carrier. Notice of defects shall be made immediately, at the latest within 5 working days, in writing under usage of damage report schedule, stating recognizable damage. Non visible errors shall be made immediately after taking note, at the latest within 5 months since delivery, in writing.
7.6 As far as the purchaser is an entrepreneur, the subsequent fulfilment by ATUS Automatisierungstechnik GmbH takes place with defect disposal or by a delivery of a replacement which is free of defects.
7.7 Deficiencies on parts of the delivered products does not legitimate a complaint about the entire shipment, except the error-free part cannot be used reasonable.
7.8 ATUS Automatisierungstechnik GmbH is just warranty obligated against the purchaser. Services to third parties are just made under writing agreements.
7.9 Are the encountered errors due to circumstances, on which ATUS Automatisierungstechnik GmbH are not responsible for, is a warranty obligation omitted. This includes disturbances due to usage of inappropriate material and ignoring of installation prerequisites. Furthermore there is no warranty if the client made changes or interventions on the purchased goods – except the client can prove, related to the error message by ATUS Automatisierungstechnik GmbH, that the intervention does not cause the error. The warranty also expires by missing or insufficient maintenance.
7.10 The debugging of the purchased goods takes place at the site of ATUS Automatisierungstechnik GmbH, except it is otherwise agreed.
7.11 The customer delivers the goods properly packed including all buoyed accessories.
7.12 At the point of legal provisions of §478 Abs. 2 BGB agreements according to the service policies of ATUS Automatisierungstechnik GmbH enters. There are no reimbursements for the out-carrying of supplementary performance activities, if the client is not involved in a service agreement – referred in §478 Abs. 2 BGB. The not in service negotiations involved client- as a reseller on aspects of the sale of consumer goods- is required to make immediately a justified recourse, referred in §478 Abs. 2 BGB, of his buyer at ATUS Automatisierungstechnik GmbH.
7.13 The client shall report errors to ATUS Automatisierungstechnik GmbH, caused by contract according usage, in writing, stating debugging required information.
7.14 The return of defective devices takes place exclusively on customers’ cost and danger.
7.15 Returns of no faults are fee-based and the client will be charged a processing flat-rate of 10 €, excluding shipping costs and value added tax.
7.16 Claims for debugging are excluded, if the error is not reproducible or demonstrable by mechanical produced expenditures.
7.17 Customers’ warranty claims in connection with software installation are excluded.
7.18 Any further customer claims are excluded, unless it is otherwise required below. ATUS Automatisierungstechnik GmbH is not liable for damages which are not incurred on the delivery item, particular ATUS Automatisierungstechnik GmbH is not liable for a loss of profit or for other financial loss.
7.19 If the liability of ATUS Automatisierungstechnik GmbH is excluded or restricted, then this also applies for the personal liability of employees, representatives and vicarious agents.
7.20 The limitation of liability does not apply, insofar as the cause of damage is based on intention or gross negligence. Furthermore, these shall not apply in the event that the ordering party asserts claims from 1 and 4 of the Federal Product Liability Act
ATUS Automatisierungstechnik GmbH will save and process electronically data from the business relationship – if necessary and within the framework of privacy police.
9. Law applicable, ineffectiveness, place of performance and jurisdiction
9.1 The basis of commercial relations between customer and supplier are the laws of the federal republic of Germany and as well the above mentioned “general terms and conditions of ATUS Automatisierungstechnik GmbH”.
9.2 If any provision of these terms should be or become ineffective or contain a gap, then the effectiveness of the remaining provisions shall not be affected. In place of the ineffective provision shall be an appropriate regulation, which is as close as possible to the economical and legal meaning and purpose of the former one.
9.3 The place of performance is Meerane.
9.4 Place of jurisdiction for disputes shall be, so far as the customer is capable of prorogation, the value of claim competent court at the seat of ATUS Automatisierungstechnik GmbH.