© Gerd Altmann / PIXELIO
For all mutual claims from and together with avalid contract between the customer and ATP always these T & C are applied in their at a time legal version.
In case of differences the following order is valid between the partners of contract: These T & C; regulations by law.
1.3 Shipping & Handling
ATP is mainly an internet-company, that means the goods are shipped to the customer by mail. Anyway it is possible to pick up the goods at company site after arrangement. All quotations are subject to confirmation. Shipment is carried out by package and by letter for smaller parts below 0,5 kg, the maximum weight is 20 kg.
ATP accepts the following payment-methods:
1.) Prepaying less 2 percent discount from listed price.
2.) Cash On Delivery (C.O.D.), an additional fee of EUR 10,- will be charged (not available for all countries).
If shipment is refused by customer, an additional fee of Euro 30,- will be charged.
3.) Invoice, has to be payed without discount within 10 days after reception of goods (only for registered customers).
4.) Cash at company site after arrangement.
5.) Prepaying via PayPal (E-Mail-address: firstname.lastname@example.org), without discount.
2. Contractual partners
ATP concludes contracts with customers, who are unlimited contractually capable, and at least 18 yeard old. (subsequently called "customer"). If a quotation from ATP is not accepted by a customer within three month after order, ATP is authorised to withdraw from the contract within a adequate timespan. Quotations are valid three month, if not particularly different stated.
3. Subject matter of the contract
ATP delivers goods or services which are ordered by the customer after acception of a quotation. If ATP afterwards realizes that an error has occured at ATP, e.g. an error in a product-description, a wrong price or wrong delivery time, ATP will immediately inform the customer. The customer may confirm the order with the modified conditions. In the other case, ATP is authorised to withdraw from the contract.
4. Conclusion of contract
4.1 Conclusion of contract
The contract gets valid by acception of the customer-order by ATP. The order can be realized by completing the online-order form on this website, by sending an E-Mail to email@example.com or by phone-no. +49-(0)2821-6726. The customer will get an confirmation of order by E-Mail, or the contract is fulfilled latest with delivery of the ordered goods resp. services.
5. Availability proviso clause
If ATP after conclusion of contract realizes that the ordered goods or services are not available anymore at ATP or can´t be delivered because of legal rights, ATP is authorized to ship a different item or service, which is in quality and price similar. Also ATP can withdraw from the contract. Payments which were already receiceived will be reimbursed to the customer after withdrawal.
6.1 Place of performance
Place of performance for all goods is the supply-store of ATP. Goods which are in stock are regularly delivered to destinations outside Germany within 5 to 10 days. Delivery times for special designed goods may be longer.
6.2 Condition of goods
The condition of goods can slightly vary in color, shape, size and material compared with the shown pictures. This is among other things because a photo can never reproduce the same amount of color and brightness, or subcontractors change properties without prior announcement. Hence the listed deviations are no reason for reclamations. The promised properties of the items are not affected by these deviations.
7.1 Changement provisoAll listed prices are final prices in Euro including the current WAT. ATP reserves the rigth, to change prices without prior announcement. Goods which were already ordered however will be charged to the price which was valid at time of order. The customer gets a detailed invoice with reception of the goods.
8. Conditional sale and delay of payment
ATP keeps the property of all goods which are delivered to the customer, until final and complete payment has been taken place. As far as ATP exchanges a good during warranty-period, it is agreed that the property of this good alternating changes from the customer to ATP resp. vis versa in that moment, in which ATP gets back the good from the customer resp. the custpmer gets the exchanged good from ATP. If the customer gets into delay of payment, approx. 7 days after expiry of regular payment period a first reminder. A second reminder follows after approx. 14 days after expiry of regular payment period with a fee of Euro 5,- and a third renminder follows 30 days after expiry of regular payment period, the fee is Euro 10,-
9.1 Condition and quality
ATP confirms that all products show the agreed condition resp. are free of faults at time of delivery.
9.2 Examination of goods
The customer has to examine the received goods, in case of incomplete or damaged goods ATP has to be informed. In case of hidden damages the customer has to inform ATP immediately after detecting.
9.3 Period of warrantyThe period of warranty is two years. It starts with reception of goods by the customer.
9.4 Behaviour in case of fault
In case of fault the customer can either claim its abolisment or the delivery of faultless goods. ATP can refuse the choosen way if it realisation is only possible with disproportional costs. If a repair does not succeed after the second attempt, the customer can claim a faultless good, to reduce the price or to withdraw from the contract. Withdrawal is excluded, if the fault is marginal anegligible.
9.5 Compensation claims
Compensation claims because of faulty goods are excluded, except ATP has dissembling silenced the fault.
9.6 Precondition for claims
A precondition for claims is, that the fault was not caused by improper use or inroad. If the fault occurs later than six month after purchase, the customer has to evidence that the good was in a faulty state at time of reception. Otherwise ATP can proof that the good was in faultless condition.
10.1 Reasons for liability
ATP takes liability in case of positive violation of claims, guiltiness at contract conclusion, delay, impossibility, illegal misfeasance and other legal reasons at intention and wantonly negligence. Collateral disprofit is excluded.
10.2 Product liability
The amount of liability of ATP according to product liability law is unaffected.
10.3 Amount of liabilityThe aforesaid regulations (9 and 10) represent the complete amount of liability of ATP. Any other amount of liability is excluded.
11. Choice of law
For all relationships between ATP and customer concerning a contract and for all current terms and conditions german law is applied. The appliance of the UN-agreement about contracts concerning international sales of April 11, 1988 is excluded.
11.2 Compulsory arrangements
The appointments of chapter 10.1 do not affect compulsory arrangements of the customer´s homeland law, if the customer concluded a contract that is not professional or comercial orientated. Furthermore the customer had to perform all necessary acts which lead to conclusion of the contract in his homeland.
12.1 Charging and reservation
A customer´s right to charge and reservate is not valid, except the claim is undisputed or assessed by court and thus legally binding.
12.2 Place of payment
Place for all payments is at company site ATP. For delivery the place of execution is at ATP, Reinhard Pithan, Koppelstr. 13, 47551 Bedburg-Hau, Germany.
12.3 Prohibition of subrogationA subrogation against ATP to third party is prohibited unless we prior have agreed the subrogation.
12.4 Legal effect
If single clauses of these terms and conditions are completely or partial not valid or loose its legal effect later, the validity for the rest of the contract is not affected. For this case the contractual partners commit, to agree to a effectual solution instead of the invalid regulationn, which is most satisfying for both parties. A similar regulation takes place if afterwards an unpredictable breach was found in the contract.
13. Data safety
ATP stores and needs customer data only for internal use and does not forward these data to any third person. Exceptions can be made only in case if ATP knows matters of fact, a founded suspicion about abusing secret data of ATP or illegal acts or public announcements which can danage the reputation of ATP. ATP can exclude any person from business for those the a.m. conditions were stated without prior announcement. Dispatch of advertising will be done exclusively on customers request.