These General Terms and Conditions shall apply to all deliveries by ATEMAG to the exclusion of our customers' general terms and conditions, unless our order confirmations or agreements confirmed by us in writing specify otherwise. In addition, the statutory provisions and the conditions of the VDMA shall apply.
2. OFFERS, ORDER ACCEPTANCE AND SCOPE OF THE DELIVERY
Offers are always non-binding and subject to change. An order becomes binding through our written confirmation and implementation. Supplemental agreements and addenda require our written confirmation.
Our prices are net ex works Hofstetten, excluding packaging. VAT is charged at the respective applicable rate. Price adjustments in respect of general inflation in personnel and material costs remain reserved, in particular in the event of late delivery for which we are not responsible. The price basis is the price in the offer.
Unless agreed otherwise, payment shall be paid net in EURO upon receipt of the invoice. The withholding of payments or the offsetting against the ordering party's counterclaims is not permitted. We reserve the right to charge additional costs in the event of delays in acceptance or payment.
5. RETENTION OF TITLE
The objects of the delivery shall remain our property until full payment of all claims justified by the contract. The exercise of retention of title does not simultaneously mean withdrawal from the contract.
6. DELIVERY TIME
The delivery time shall start upon creation of the order confirmation, but not before receipt of all required documentation (drawings, calculations, etc.) and before receipt of an agreed prepayment. Contractual penalties shall only apply if expressly confirmed by ATEMAG and to the exclusion of other claims, and shall be limited to a maximum of 5 % of the order value. It shall total 0.5 % for each full week of delay.
7. TRANSFER OF RISK
Loading and shipping shall be at the ordering party's cost and risk. The shipping details shall be specified by the ordering party and communicated timely before shipping. Upon request from the ordering party, the delivery shall be insured against transport damage and other insurable risks at the ordering party's cost.
ATEMAG guarantees that the delivered objects are free from defects. Parts subject to wear and tear are not covered by the guarantee. The guarantee period shall be 12 months in one-shift operation, starting upon delivery. Damage caused by incorrect treatment and to parts subject to wear and tear is expressly excluded from this guarantee. Defects occurring during the guarantee period must be reported in writing immediately. The guarantee shall lapse automatically as soon as a third party carries out changes or repairs without express written consent. We do not guarantee tools.
9. PROPERTY RIGHTS AND COPYRIGHT
We retain all property rights and copyright to our documents, drawings, etc. which are included with our offers, deliveries or contracts.
They may not be used by the ordering party or enquiring party for self-production of the respective objects or be reported to or provided to third parties. ATEMAG reserves the right to demand their return at any time.
10. PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND APPLICABLE LAW
Place of performance is Hofstetten and place of jurisdiction is Wolfach. The law of the Federal Republic of Germany shall apply. Date 01.2014