General Terms and Conditions (GTC) of ATM GmbH & Co KG

General terms and conditions of business

  1. Scope of application

The following GTC apply to all contracts concluded between ATM GmbH & Co KG and its customers. ATM GmbH & Co KG trades in natural gas and petroleum by-products, minerals, pharmaceutical products as well as the trade and production of coal, briquettes and pellets both in online sales and on the normal market. Sales are only made to commercial end customers.

  1. Terms of payment
  2. Payment is made in advance or by credit card/customer account. The prices are exclusive of VAT.
  3. If payment is made by credit card/customer account, the customer’s card/account will be debited immediately after the order has been placed.
  4. In the case of payment by invoice, the invoice amount is due immediately after invoicing.
  5. The customer receives an invoice from ATM GmbH & Co KG after placing the order.
  6. Payment must be made to the specified bank account of ATM GmbH & Co KG within 10 days of invoicing. The goods will not be dispatched to the customer until payment has been received in full. If payment is not received on time, ATM GmbH & Co KG reserves the right to cancel the order and, if necessary, to assert claims for damages.
  7. Default of payment

Please note that the exact conditions for each order may be agreed individually and may differ from the above conditions. Default damage clauses

  1. If the customer is in default of payment, ATM GmbH & Co KG is entitled to charge interest on arrears at a rate of 5% p.a. above the respective base interest rate in accordance with § 247 BGB.
  2. In addition, ATM GmbH & Co KG reserves the right to assert further claims for damages if these can be proven.
  3. Resignation

The customer may withdraw from a contract if this has been expressly agreed. In this case, the costs for services already rendered and costs for materials already procured shall be borne by ATM GmbH & Co KG. ATM GmbH & Co KG reserves the right to withdraw from the contract if the customer fails to meet its payment obligations or breaches other contractual obligations. In the event of withdrawal, services already rendered must be returned or reimbursed.

  1. Collision clause

After conclusion of the contract, the GTC of ATM GmbH & Co KG shall apply exclusively. b. Any GTC of the contractual partner are expressly excluded.

  1. Retention of title
  2. ATM GmbH & Co KG retains ownership of the goods until the customer has paid the purchase price in full. The customer is obliged to treat the goods with care and protect them from damage or theft until the transfer of ownership.
  3. ATM GmbH & Co KG is entitled to reclaim the goods in the event of default of payment by the customer and, if necessary, to collect them itself. The customer agrees to allow ATM GmbH & Co KG access to the premises where the goods are located in order to collect them.
  4. ATM GmbH & Co KG reserves the right to sell or dispose of the goods elsewhere if the customer defaults on payment and to hold the customer liable for the loss incurred. The customer is obliged to insure the goods appropriately until the purchase price has been paid in full.
  5. The customer may neither pledge the goods nor assign them as security until the purchase price has been paid in full. If the goods are processed or combined with other items by the customer, ATM GmbH & Co KG shall retain co-ownership of the newly created item in the ratio of the value of the goods to the value of the other items.
  6. The customer is obliged to inform ATM GmbH & Co KG immediately of any seizure or other impairment of the goods by third parties.
  7. Liability

ATM GmbH & Co KG shall only be liable for damages to the customer in the event of intent or gross negligence. Liability for guarantees is independent of the degree of fault. c. ATM GmbH & Co KG shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless unlimited liability exists due to injury to life, limb or health or in accordance with the provisions of the Product Liability Act. Any further liability for damages is excluded. Liability in accordance with the above paragraphs also applies to breaches of duty by ATM GmbH & Co KG’s vicarious agents.

  1. Warranty
  2. ATM GmbH & Co KG warrants that the delivered goods are free from material and manufacturing defects at the time of transfer of risk. The customer is obliged to check the goods for defects immediately upon receipt and to notify ATM GmbH & Co KG of any defects in writing within 10 days of receipt.
  3. In the event of justified complaints, ATM GmbH & Co KG has the right to repair or replace the goods.
  4. If it is not possible to repair or replace the goods, the customer is entitled to withdraw from the contract or to demand a reasonable reduction in the purchase price.
  5. The warranty period is 12 months from delivery of the goods.
  6. The warranty does not cover defects that are attributable to improper handling, storage or use of the goods by the customer. The warranty shall lapse if the customer has modified the goods or handled them improperly. ATM GmbH & Co KG shall not be liable for damage caused by improper use, storage or handling of the goods by the customer. The customer is obliged to grant ATM GmbH & Co KG a reasonable period of time to repair or replace the goods.
  7. ATM GmbH & Co KG is not liable for defects caused by the customer or third parties. Any claims by the customer for damages or compensation for futile expenses are excluded, unless ATM GmbH & Co KG has fraudulently concealed the defect or assumed a guarantee.
  8. ATM GmbH & Co KG is not liable for the loss of or damage to the goods during transportation unless the customer has commissioned ATM GmbH & Co KG to transport the goods and the goods have been transported by ATM GmbH & Co KG.
  9. Final provisions
  10. Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
  11. The law of the Federal Republic of Germany shall apply.
  12. The place of jurisdiction is the registered office of ATM GmbH & Co KG.
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