GENERAL TERMS AND CONDITIONS
1 GENERAL
1.1 The business relationship between ATUS Brandschutztechnik GmbH and the Client—including all future transactions—shall be governed exclusively by the following General Terms and Conditions.
1.2 ATUS Brandschutztechnik GmbH does not recognize any agreements made by the Client that deviate from these terms and conditions, nor any ancillary agreements, unless ATUS Brandschutztechnik GmbH has expressly agreed to their validity in writing.
1.3 The information provided in catalogs, brochures, newsletters, advertisements, illustrations, and price lists regarding weight, dimensions, performance, prices, and the like is for reference only and is generally subject to ongoing changes. Such information becomes binding only if expressly referenced in the contract. Otherwise, the data relevant as of the date of the order confirmation shall be deemed agreed upon.
2 Conclusion of the Contract and Withdrawal
2.1 All offers are subject to change and non-binding.
2.2 An order is not considered accepted until it has been confirmed in writing by ATUS Brandschutztechnik GmbH within 3 weeks of receipt or until delivery has already been made.
2.3 Agreed prices are net prices and are quoted in euros. The applicable statutory value-added tax will be added, as will packaging and shipping costs.
2.4 Changes to orders may only be made by mutual agreement and must be in writing.
2.5 For orders placed by the customer via the Internet, ATUS Brandschutztechnik GmbH undertakes to process them in accordance with the terms and conditions of the website. In the event of typographical, printing, or calculation errors on the website, ATUS Brandschutztechnik GmbH is entitled to rescind the order.
2.6 Once an order has been placed with ATUS Brandschutztechnik GmbH, the client is bound to the order for 3 weeks. In the event of order cancellation, cancellation fees amounting to 3% of the order value, with a minimum of 15 €, will be charged.
2.7 Stated delivery dates are non-binding unless they have been expressly agreed upon in writing. The customer is also obligated to accept partial deliveries, unless such deliveries are unreasonable for the customer. As a general rule, the customer is not entitled to cancel the order due to failure to meet a fixed delivery date until ATUS Brandschutztechnik GmbH has set a grace period of 4 weeks.
2.8 ATUS Brandschutztechnik GmbH reserves the right to withdraw from the contract if, despite reasonable efforts, the goods cannot be procured or can be procured only at a significantly inflated price. In this case, the customer will be informed immediately that the ordered goods are not available. If the purchase price has already been paid, it will be refunded immediately.
2.9 If the customer subsequently requests changes or additions to the scope of services specified in the contract, any fixed delivery time shall be extended by a reasonable period.
2.10
(1) The delivery period shall also be extended in the event of
a. unforeseen events beyond the control of ATUS Brandschutztechnik GmbH,
such as force majeure, export and import bans, etc., or
b. delays or failures in the delivery of contractually agreed parts to ATUS Brandschutztechnik GmbH
c. strikes or lockouts at ATUS Brandschutztechnik GmbH
(2) Paragraph 1 (a–c) applies mutatis mutandis even if these circumstances occur at a supplier or subcontractor of ATUS Brandschutztechnik GmbH.
(3) In the cases described in paragraph 1, the customer’s rights under §323 of the German Civil Code (BGB) remain unaffected.
2.11 If an impediment to performance is not merely temporary and is not attributable to ATUS Brandschutztechnik GmbH, ATUS Brandschutztechnik GmbH is entitled to withdraw from the contract even with respect to the portion not yet fulfilled. In this case, the client shall have no claims against ATUS Brandschutztechnik GmbH in connection with the withdrawal from the contract.
2.12 If it becomes apparent that the client is unable to meet its payment obligations, ATUS Brandschutztechnik GmbH is entitled to withdraw from the contract, demand payment in advance, or, in the case of agreed installment payments, reclaim the goods subject to retention of title.
2.13 ATUS Brandschutztechnik GmbH may make design and form changes to the subject matter of the contract, provided that such changes are not fundamental and do not significantly restrict the ordinary or contractual purpose of the goods.
3 SHIPPING
3.1 Unless another form of delivery has been agreed upon, the Client shall pick up the goods from the warehouse of ATUS Brandschutztechnik GmbH. The risk of accidental loss or accidental deterioration of the goods to be delivered passes to the Client as soon as they have been handed over to the Client. The same applies as soon as a shipment has been handed over to the person performing the transport or has left the warehouse of ATUS Brandschutztechnik GmbH for the purpose of shipment. If shipment is delayed at the customer’s request, the risk of accidental loss or accidental deterioration passes to the client upon notification that the goods are ready for shipment.
3.2 If delivery of goods has been agreed upon, it shall be made, unless otherwise agreed in writing, carriage forward via a parcel service or freight forwarder (e.g., UPS or Systemgut). Unless the client provides written notice to the contrary, all deliveries shall be insured for transport at the client’s benefit and expense.
4 Retention of Title
4.1 The delivered goods are subject to all forms of extended retention of title.
4.2 ATUS Brandschutztechnik GmbH retains title to the delivered goods until full payment of all claims due to ATUS Brandschutztechnik GmbH, including all incidental costs, such as packaging and shipping costs.
4.3 If the Client incorporates the goods into third-party products, ATUS Brandschutztechnik GmbH shall become a co-owner of the newly created products in proportion to the value of the goods it delivered relative to the value of the third-party products used in combination therewith.
4.4 The Client is entitled to resell the goods delivered by ATUS Brandschutztechnik GmbH under the described retention of title in the ordinary course of business. Upon conclusion of the contract with ATUS Brandschutztechnik GmbH, the Client assigns its claims arising from such resale to ATUS Brandschutztechnik GmbH. The Client is authorized to collect this claim from its customers (buyers) itself. ATUS Brandschutztechnik GmbH reserves the right to notify the customer of the goods of the assignment and to collect the claim itself if the Client fails to meet its payment obligations. If the Client defaults on its payment obligations, it is obligated, upon request by ATUS Brandschutztechnik GmbH, to provide the necessary information—in particular, the name, address, and telephone number of the customer, as well as the goods sold to the customer—so that ATUS Brandschutztechnik GmbH can notify the customer of the assignment of the claim and collect the amount itself.
4.5 In the event of attachment or other interference by third parties, the Client is obligated to immediately point out the retention of title and the ownership of ATUS Brandschutztechnik GmbH. In addition, the Client is obligated to immediately inform ATUS Brandschutztechnik GmbH by telephone or fax, stating the facts of the matter. The client is obligated to provide ATUS Brandschutztechnik GmbH with the name(s) of the third party or parties initiating the attachment or causing other encumbrances in such a way that ATUS Brandschutztechnik GmbH is able to protect its legal interests against the third party. ATUS Brandschutztechnik GmbH undertakes to release the security to which it is entitled at the Client’s request, provided that its value exceeds the claims to be secured by 20%.
5 PAYMENT
5.1 The agreed-upon terms of payment—cash on delivery, check on delivery, or direct debit—apply to the delivery, within the limits set by ATUS Brandschutztechnik GmbH. First-time orders are generally to be paid by cash on delivery or in advance.
5.2 Unless otherwise agreed, all payments must be made within the payment term specified on the invoices. If the specified payment term is exceeded, the customer shall be in default without the need for a reminder.
5.3 In the event of default, default interest at a rate of 8% above the base rate of the Deutsche Bundesbank shall be due.
6 Setoff, Assignment, Retention
The customer has no right of retention. The client is entitled to set-off or assignment only if its counterclaims have been legally established or acknowledged by ATUS Brandschutztechnik GmbH. Warranty claims do not affect the due date of ATUS Brandschutztechnik GmbH’s claims.
7 Warranty and Liability
7.1 The products sold by ATUS Brandschutztechnik GmbH are delivered subject to the statutory warranty conditions and the requirement specified in 7.3. For rechargeable batteries, the warranty is limited to 6 months.
7.2 For third-party products that are neither manufactured nor labeled by ATUS Brandschutztechnik GmbH, only the manufacturer’s warranty provisions apply.
7. 3 There is no warranty claim for wear parts and consumables. Warranty or guarantee claims generally exist only if there is a manufacturing defect.
7.4 The statutory warranty period is a limitation period, calculated from the transfer of risk, and also applies to claims for compensation for consequential damages resulting from defects, provided that no claims arising from tort are asserted.
7.5 In commercial transactions between the parties, the delivered goods must be inspected immediately for transport damage, incorrect delivery, and quantity discrepancies. Complaints regarding these issues that are received by ATUS Brandschutztechnik GmbH more than 3 business days after delivery cannot be considered. Claims for damage in transit must be filed with the carrier. Notices of defects regarding visible defects may only be submitted in writing immediately, and no later than 5 business days after receipt of the goods, using a damage report form. Notices of defects regarding non-visible defects must be submitted in writing immediately upon discovery, but no later than 5 months after delivery.
7.6 If the contractor is a business entity, rectification shall be carried out, at the discretion of ATUS Brandschutztechnik GmbH, either by remedying the defect or by delivering a defect-free item. ATUS Brandschutztechnik GmbH is entitled to two attempts at rectification within the limits of §440, sentence 2 of the German Civil Code (BGB).
7.7 Defects in part of the delivery do not entitle the customer to reject the entire delivery, unless the defect in the customer’s part of the delivery renders the defect-free portion of the delivery unreasonably unusable.
7.8 ATUS Brandschutztechnik GmbH is liable under warranty only to the client. Services provided to third parties shall be rendered only upon written agreement with the client.
7.9 If the defects that have occurred are attributable to circumstances for which ATUS Brandschutztechnik GmbH is not responsible—but which originate within the sphere of influence and risk of the client or the end customer—the warranty obligation shall not apply. This applies, for example, to malfunctions resulting from the use of unsuitable operating materials or in the event of non-compliance with installation requirements. Furthermore, the warranty does not apply if the customer has made modifications or alterations to the purchased item, unless the customer can prove to ATUS Brandschutztechnik GmbH, in connection with the defect report, that the alteration was not the cause of the defect. The warranty claim also expires in the event of missing or insufficient maintenance.
7.10 For the goods sold, defect rectification shall take place at the headquarters of ATUS Brandschutztechnik GmbH, unless otherwise agreed upon in the contract.
7.11 The customer must deliver the goods properly packaged, including any accessories sold with them.
7.12 Agreements in accordance with the service guidelines of ATUS Brandschutztechnik GmbH supersede the statutory provision of §478(2) of the German Civil Code (BGB). Unless the customer is party to a service agreement, no reimbursement of costs for remedial measures shall be provided pursuant to §478(2) of the German Civil Code (BGB). A customer who is not party to a service agreement and who acts as a reseller in the context of the sale of consumer goods is required to assert any claim for subsequent performance by their customer—which entitles the customer to recourse under Section 478(2) of the German Civil Code (BGB)—directly with ATUS Brandschutztechnik GmbH.
7.13 The client must immediately report defects that occur during contractual use to ATUS Brandschutztechnik GmbH in writing, in a clear and comprehensible manner, providing the information necessary to remedy the defect.
7.14 The return of defective devices shall be at the client’s sole expense and risk.
7.15 Returns in which no defect is found (e.g., due to the client’s operating error) are subject to a fee and will be billed to the client with a flat-rate processing fee of €10.00 plus shipping costs and VAT.
7.16 A claim for defect rectification is excluded if the defect cannot be reproduced or cannot be demonstrated using machine-generated output.
7.17 The Client’s warranty claims in connection with software installations performed are excluded.
7.18 Unless otherwise specified below, any further claims by the client—regardless of their legal basis—are excluded. ATUS Brandschutztechnik GmbH is therefore not liable for damages that did not occur to the delivered item itself; in particular, ATUS Brandschutztechnik GmbH is not liable for lost profits or other financial losses suffered by the client.
7.19 To the extent that ATUS Brandschutztechnik GmbH’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
7.20 The limitation of liability does not apply if the cause of the damage is based on willful misconduct or gross negligence. Furthermore, it does not apply if the client asserts claims under Sections 1 and 4 of the Product Liability Act.
8 Data Processing
ATUS Brandschutztechnik GmbH will store and process the data arising from the business relationship electronically—to the extent necessary and permitted under the Data Protection Act.
9. Governing Law, Invalidity, Place of Performance, and Jurisdiction
9.1 The business relationship between the Client/Buyer and the Contractor/Seller is governed by the laws of the Federal Republic of Germany and the foregoing “General Terms and Conditions of ATUS Brandschutztechnik GmbH.”
9.2 Should any provision of this agreement be or become invalid in whole or in part, or should there be a gap in the agreement, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced, or the gap filled, by an appropriate provision that, to the extent legally possible, most closely approximates the intended economic purpose.
9.3 The place of performance is Großrückerswalde.
9.4 The agreed place of jurisdiction—provided the Client/Purchaser is subject to prorogation—shall be the court with jurisdiction over the amount in dispute at the registered office of ATUS Brandschutztechnik GmbH.
