General Terms and Conditions (GTC)
Orders can be placed verbally, by telephone, in writing or via Internet. In each case, the following ATAF-Software Terms of Business will apply.
The products will be delivered immediately if held in stock. Otherwise, a written order confirmation will be made, quoting the expected delivery date.
The offers made in this catalogue apply exclusively to commercial purchasers. All prices are net prices exclusive of the VAT, freight and packaging costs that apply at the time. We reserve the right to make price changes. A minimum order surcharge of EURO 5.– will be made for orders of less than EURO 25.– .
Without deductions, within 30 days of the submission of the invoice. Deliveries to new customers will only be made COD, or with credit card, bank cheque or cash payment. ATAF-Software also reserves the right to also apply these conditions to existing customers. The offsetting of counterclaims by the customer is only possible in the case of recognised or legally-enforceable claims. The same applies to any withholding right, which must also be based on the same legal relationship.
4. Reservation of ownership:
The goods will remain the property of ATAF-Software until the full payment of all claims resulting from the sale of the respective goods.
5. Design/Technical data/Changes:
We reserve the right to make changes to the design and/or in the technical area which improve the function and quality of an article, as well as the correction of errors in the description and price. All technical information, data and dimensions are based on the information provider by the manufacturer and do not represent guaranteed characteristics.
6. Liability for Defects, Guarantee:
The statutory provisions shall apply to liability for defects, unless stipulated otherwise below. ATAF-Software shall be entitled to either repair the defect or replace the item free of charge, at its own choice, within the statutory period for liability for defects, if the defect is reported in writing within two weeks of its discovery. Before returning the product, please request a return authorisation number by telephone. If a repair is unsuccessful or a replacement delivery is delayed beyond a reasonable period, then the customer is entitled to demand either a reduction of the sale price (reduction) or a cancellation of the contract (cancellation).
Claims for compensation for damages shall be excluded unless they are based on intent or gross negligence on the part of ATAF-Software or a legal representative or vicarious agents of ATAF-Software or on the breach of basic contractual obligations. Liability for defects shall be excluded if modifications or repairs are carried out to the goods by the buyer or a third party without the written approval of ATAF-Software or if components or compliances that fall under the EMC Directive are used along with products that do not carry the CE symbol and a defect occurs as a result thereof. The buyer shall always be solely responsible for data backup. This does not, however, apply if ATAF-Software or a vicarious agent or legal representative of ATAF-Software deliberately deletes the data or is grossly negligent in deleting data. If ATAF-Software takes over a special guarantee in addition to the statutory liability for defects, then the above provisions shall also apply by analogy to the guarantee, unless otherwise stipulated in the guarantee bond or below. ATAF-Software basically gives the buyer the manufacturer’s guarantee to its full extent. The regular guarantee period is 2 years. Perishable materials are excluded from the guarantee. In the case of software the guarantee shall lapse if the product has not been properly installed by the customer or third parties or if it has not been properly used or modified.
7. Competitive Terms of Business / Scope of Validity:
These terms of business apply exclusively. Contrary terms of business of companies placing orders will not be recognised by ATAF-Software. These conditions only apply with respect to companies.
8. Place of jurisdiction:
In the case of legal disputes arising from or in connection with deliveries by ATAF-Software, the place of jurisdiction will be Offenbach/Main if the person making the order is a businessman. The laws of the EUropean union will apply exclusively, although under exclusion of the UN Purchase Law (CISG).
9. Returns under fair trading:
A right of return within 30 days from the date of the invoice applies to articles listed in the ATAF-Software catalogue according to the following conditions:
The delivered articles must be returned in an undamaged, functional, and complete condition together with their undamaged original packaging and the completed return certificate. Before returning goods, always request a return authorisation number. If the above conditions are not complied with, we will impose a processing charge of EURO 15,–. Important! The right of return for printers, memory modules, processors, scanners, digital cameras, hard disks, PC‘s, PDA‘s. notebooks, books, consumables, data media and software programs will only apply if the original packaging is unopened. The following are generally excluded from the right of return: overhead projectors, paper and articles that are not part of the range of products offered in this catalogue or that have been delivered or specially produced at the request of the customer, for example, cable delivered by the metre.
After returning the goods, the person making the order will receive a credit note, or, on request, a replacement delivery.
10. Insurance of the delivered goods:
The goods will be insured by ATAF-Software.. The costs will be invoiced to you as a maximum of 0.9 pro mille of the net value of the goods.
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