General Terms and Conditions (GTC) of ATI-Hansa GmbH

§ 1. Validity and recognition of General Terms and Conditions
All agreements are governed by our General Terms and Conditions. They are accepted when the client places an order or when the supplier receives payment for their proforma invoice or invoice from ATI-Hansa GmbH.
Changes to these terms and conditions must be made in writing.
ATI-Hansa GmbH does not assume any responsibility for the accuracy, timeliness, and completeness of the information provided on this website. The layout of the homepage and the graphics used are protected by copyright. All product names, product descriptions, and logos mentioned on this website are registered trademarks and the property of their respective owners.

§ 2. Quotation
All offers are valid for 5 working days unless otherwise agreed in writing.
If the client’s information is incorrect or incomplete or is changed at a later stage, ATI-Hansa GmbH may adjust the quoted prices and/or contract terms.

§ 3. Concluding Contract
The contract is considered concluded upon receipt of the client's order in writing by ATI-Hansa GmbH.

§ 4. Delivery
4.1. The delivery period for the client begins on the day the advance payment is received from the client and is considered met upon the notification of the readiness for shipment of the goods to the client by ATI-Hansa GmbH in written form.
4.2. It is considered fulfilled as soon as the goods are received by ATI-Hansa GmbH, if ATI-Hansa GmbH is acting as the client.
4.3. The client is obligated to report any shortfalls, defects, deficiencies, or damages to the goods to ATI-Hansa GmbH within 5 (five) business days from the receipt of the goods. If shortfalls, defects, etc., are not reported in a timely manner, the goods are deemed to have been delivered properly and in accordance with the contract.

§ 5. Obligations of clients
5.1. The Client confirms that the information provided in the inquiry is correct and complete, and shall indemnify and hold ATI-Hansa GmbH harmless from any claims arising due to incorrect information provided by the Client regarding the goods.
5.2. The Client undertakes to settle the ordered goods or services within the agreed payment period. Any changes to this provision are only permissible with the written consent of ATI-Hansa GmbH.
5.3. If the Client fails to fulfil the agreed payment terms, ATI-Hansa GmbH is entitled to make financial claims, including interest on overdue amounts at a rate of 5% per month, as well as any judicial and enforcement costs.
5.4. The contract with ATI-Hansa GmbH is concluded upon receipt of the Client’s order. In the event of a subsequent cancellation of the order by the Client, ATI-Hansa GmbH is entitled to claim compensation from the Client of up to 100% of the agreed price.
5.5. The client is obligated to collect the goods from the warehouse within 10 working days after being notified of the warehouse location, which will be provided by ATI-Hansa GmbH, unless there are other written agreements between the parties. If this deadline is missed, ATI-Hansa GmbH may impose financial charges of 30 euros per month for each storage unit or space occupied.

§ 6. Obligations of the Suppliers
6.1. The Supplier is obligated to deliver the ordered goods exactly in accordance with the order and in full. Any changes to these conditions are only possible through a mutual written agreement.
6.2. The Supplier is obligated to comply with the delivery deadlines specified in its offer. These deadlines may only be amended by mutual written agreement. If the Supplier fails to meet the agreed delivery terms, ATI-Hansa GmbH is entitled to assert financial claims, including interest on any already made payments at a rate of 5% per month, in addition to any legal and enforcement costs.
6.3. In the event of a defective delivery, where the delivered goods do not conform to the order or exhibit defects, the Supplier is obligated to replace the defective goods at its own expense with the goods as ordered, or to refund the Client 100% of the amount paid in advance for the goods. The decision regarding the exchange or refund lies with ATI-Hansa GmbH.

§ 7. Force Majeure
A breach of contract shall not be deemed to have occurred if the performance of one party's obligations becomes impossible due to force majeure circumstances that arise after the conclusion of the contract.
The party unable to fulfill its obligations under this contract (the "affected party") shall notify the other party of the occurrence of force majeure circumstances.
Unless otherwise agreed in writing by mutual consent, the performance of the contract shall be postponed until the end of the force majeure circumstances.

§ 8. Guarantees
ATI-Hansa GmbH warrants that the new (not used or refurbished) goods delivered under this contract will function in accordance with the manufacturer's responsibility when properly installed and used. Wear parts and used goods are excluded from this warranty.
If the goods are found to be defective within the warranty period, ATI-Hansa GmbH is obligated, upon the client’s request, to replace the defective goods with a new product of corresponding quality within the period agreed upon with the client.
The client is required to return the defective goods to ATI-Hansa GmbH at their own expense.
The costs for repair or replacement must be agreed upon by both parties.
Claims must be submitted via email with all supporting documents, including complaint reports created with the involvement of an official control organization or a competent independent organization from the client's country and/or with the involvement of representatives of ATI-Hansa GmbH, as well as shipping documents, quality certificates, specifications, and, in case of shortages within the packaging, packing lists. ATI-Hansa GmbH reserves the right to conduct an on-site examination of the basis of the claim by its representative.
Any claims exceeding the replacement or repair of defective parts, including any liability claims, are excluded. Warranty claims will not be recognized if they arise due to accidents, improper handling, faulty maintenance, modifications, or improper repairs by the client.

§ 9. Indemnification
The client agrees to indemnify, defend, and hold ATI-Hansa GmbH harmless from any damages, liabilities, losses, fees, expenses, fines, and costs (including reasonable attorneys' fees, costs, and disbursements) arising from any claims, lawsuits, or proceedings filed by third parties, provided that such claims relate to the actions of the client, its employees, subcontractors, agents, or resellers.
In connection with this indemnification obligation, ATI-Hansa GmbH shall promptly notify the client of any compensable claim, grant the client sole control over the defense and settlement of such claims, and provide the client with reasonable cooperation and assistance in carrying out the defense at the client's expense.
The client shall indemnify ATI-Hansa GmbH from any fines, penalties, liabilities, damages, costs, and expenses arising from violations of export laws or regulations by the client or any of its resellers, agents, or employees.

§ 10. Place of Performance, Jurisdiction
The law of Germany shall apply to all offers made by ATI-Hansa GmbH, the contract, and these General Terms and Conditions. The place of performance and jurisdiction shall be Lübeck. However, ATI-Hansa GmbH reserves the right to bring the dispute before the court at the client's place of business.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

 

Last updated: 01.01.2024