[General Terms & Conditions]
General Terms of Payment and Delivery
The Company ATERA GmbH, D-88299 Leutkirch
Last updated April 2014
I. General points
These General Terms of Payment and Delivery apply to all contracts, goods supplied and other services provided. They shall also apply to all future dealings with customers. Any conflicting or supplemental terms and conditions of customers shall apply only if this is confirmed in writing by Atera.
Atera’s product range comprises the articles listed, together with the article number, in the respectively valid Atera sales catalogue and in the respectively valid list of prices and models. The period of validity is printed on the list of prices and models. Atera manufactures in accordance with the standard DIN 75 302. Each product should be assembled in accordance with the enclosed user information. These General Terms of Payment and Delivery apply with respect to business owners as defined by sec. 14 BGB [Civil Code] only.
II. Quotes, conclusion of contract
Unless otherwise indicated in the order confirmation, quotes from Atera are without obligation. Atera reserves proprietary rights and copyrights over illustrations, drawings, calculations and other documents. Customers' orders will be processed only if they are provided with an article number and are issued in writing.
III. Delivery, delivery deadline, transfer of risk
Delivery is at customers' expense, ex works Leutkirch. Customers may choose the shipping method used (except in case of export). If no particular shipping method is specified when placing the order, the goods shall be shipped using the most inexpensive and convenient method based on the calculation of the shipping costs. Express goods are shipped freight forward. Partial deliveries by Atera are permitted. Delivery dates are binding only if they are expressly designated as such in writing by Atera. Goods are considered to have been delivered on time if they have left the works/warehouse by expiry of the delivery deadline. The risk is transferred to customers at the latest when the goods are handed over to the freight forwarder, carrier or other third parties appointed to complete the shipment.
IV. Prices, terms of payment
The list prices ex works Leutkirch valid as of the date of delivery shall apply. Packing costs and loading and freight charges, as well as VAT at the statutory rate as of the invoicing date, will be calculated separately. The invoice amount is payable net within 30 days of the invoice date at the latest. Where payment is made within 8 days of the invoice date, Atera grants a 2% discount on the net sales price. Customers may offset counterclaims only if these have been legally established, are undisputed or have been recognised by Atera.
V. Warranty, liability
Customers are obliged to examine the goods without delay, and within 5 working days of delivery at the latest. Any defects discovered on this occasion or subsequently must be notified without delay, and within 5 days of their discovery at the latest. If the item delivered is defective, Atera is entitled to remedy the defect, at its option, through a free-of-charge repair or replacement. In addition to this, customers may exercise their right to submit statutory warranty claims. The limitation period for warranty claims with respect to defects is 12 months, commencing as of the date of transfer of the risk.
VI. Reservation of ownership
Up until the payment in full of all accounts receivable arising under the supply contract and arising from any other aspect of the business relationship with customers, all goods shall remain the property of Atera. Customers are obliged to handle goods acquired under reservation of ownership with care and to arrange for them to be adequately insured at their expense against fire, water damage and theft. Customers are obliged to inform Atera without delay of attachments or other third party interference.
Customers are entitled to resell the goods in the ordinary course of business. They shall in this case assign all accounts receivable and any other claims that may be made against their purchasers as the result of the resale, together with all ancillary rights, to Atera. Customers retain this entitlement up until collection of the assigned account receivable. If customers fail to meet their payment obligations towards Atera, if they suspend their payments or if insolvency proceedings are filed or commenced with regard to their assets, Atera may require the customer to disclose the accounts receivable assigned and the debtors who owe the said accounts receivable and to provide all the information required for collection of the same, to hand over the related documents and to inform the debtor of the assignment.
VII. Acceptance of returns
An express written agreement is required for the return of delivered goods to Atera. If customers are entitled to a return pursuant to section 1, then the right of return refers only to articles that are listed in the respectively valid list of prices and models. Articles on special offer are not eligible for return.
Where goods are returned, Atera charges administration fees equivalent to 20% of the net value of the goods. Customers reserve the right to provide evidence of lower costs, Atera reserves the right to provide evidence of higher costs. Returns must be delivered carriage free. If goods are returned freight forward, Atera may refuse to accept delivery.
VIII. Applicable law, place of performance, jurisdiction
The legal relationships between Atera and customers are subject to German law. The place of performance for all obligations arising out of the contractual relationship is Atera's headquarters. Leutkirch is the exclusive international and local place of jurisdiction.
ATERA GmbH · Im Herrach 1 · D-88299 Leutkirch im Allgäu · ID No. 750 768