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General Terms and Conditions of ATM Chiptuning Dubai
- 1 Validity of Terms and Conditions
The supplies, services, offers, licensing and license agreements and workshop services of ATM Chiptuning Dubai (hereinafter referred to as ATM) are made based on these terms and conditions exclusively. They also apply for all future business relationships even when they have not been expressly confirmed again. The General Terms and Conditions apply to the whole business operations regardless if the business partner is a business man pursuant to Dubai Commercial Code or a non-commercial customer. All other General Terms and Conditions, including but not limited to conditions of purchase of the customer hereby are protested against expressly, i.e. they are not accepted even if ATM does not protest against them expressly. Deviations from these terms and conditions only become effective if ATM expressly confirms them in writing.
- 2 Acceptance of Terms and Conditions
The customer accepts these terms and conditions by means of the opportunity to acknowledge them and in particular by opening secured packaging or by breaking license seals or notice banderols attached to the product even then if the customer only takes note of them at delivery or performance. In case of services by ATM which are aimed at supply, change or adjustment of EDP or control data with or without hardware changes the customer expressly accepts the license terms and conditions included in these terms and conditions as well and undertakes to comply with them.
- 3 Offer and Acceptance
The offers of ATM are not binding. The customer is bound to their purchase order or order (as the case may be) for 4 weeks. The confirmation of acceptance by ATM requires a confirmation in writing or by telex to be valid. This also applies for changes, amendments and supplementary agreements. These are valid only when ATM confirms them in writing. Delivery and/or invoicing replace ATM’s written confirmation. Due to the special character of ATM’s services the acceptance of order by the customer also includes the authorization to do trial drives with the customer's vehicle. All electronic tuning devices have been tested thoroughly and have been adjusted for the relevant vehicle type. Due to the vehicles' specific tolerances they subsequently shall be calibrated individually. The devices may be installed even in difficult installation situations. We do not take responsibility for difficulties arising from serial deviations or faults of the vehicle electronics. Therefore an acceptance of returned electronic devices is not granted.
- 4 Photos, Technical Specifications, Services, and Other Information
Photos and technical specifications in offers, brochures and publications of ATM are intended for general illustration and may be subject to change, being technical data. Performance data, speed information, dimensions and weights, fuel consumption and saving information shall be taken as reference values only and are not binding. They do not represent guaranteed characteristics unless they are confirmed expressly in writing in reaction to a contractual query. Data information relates to reference vehicles, deviations in case of the relevant customer vehicle are possible and ATM does not take responsibility for them. In case of obvious mistakes, typing or calculation errors in the documents submitted by us, ATM shall not be liable. The customer undertakes to notify ATM of such mistakes. This also applies in case of missing documents.
- 5 Prices
Prices are net ex ATM plus packaging, shipment and insurance costs and plus VAT. Prices valid at the day the agreement is concluded are authoritative. If there are more than 4 months between the conclusion of the agreement and the delivery date, the list price at the delivery date applies. For supplementary services and deliveries ATM's prices valid at the day the agreement is concluded apply.
- 6 Receipt and Acceptance of Work and Delivery Performances
The customer undertakes to notify ATM and in case of purchases providing for delivery by carrier the carrier as well of any defects, errors and damages in transit of the delivery items immediately after receiving the goods. Visible volume differences shall be notified to ATM in writing immediately on receiving the goods, hidden volume differences 2 days after receiving the goods the latest. In case of shipment of the purchase object to the buyer he shall immediately check the purchased item for visible defects on receipt and corresponding complaints shall be assessed towards the carrier immediately at acceptance. When receiving an already damaged shipment the customer is obliged to have the damage confirmed by means of a relevant protocol or a confirmation of damage notification of the carrier. Breaching this obligation the customer’s right to compensation or subsequent delivery expires. By accepting the vehicle from ATM’s workshop the work is deemed accepted pursuant, unless the buyer expressly protests at receipt, indicating specific defects. The buyer falls into arrears with receipt if he does not pick up the vehicle within eight days after being notified that the vehicle has been completed. If a vehicle has not been picked up after the deadline has expired ATM may charge the local storage charge for the vehicle.
- 7 Delivery – Delivery Deadlines
The delivery dates notified to the customer by ATM always are not binding unless expressly agreed otherwise. ATM only falls into arrears with completion and/or delivery if it is responsible for the delay. Technologically determined changes of form or construction are reserved insofar as the work is not changed in a fashion unacceptable to the customer. In case of Force Majeure or labor dispute ATM does not fall into arrears.
- 8 Delivery and Passing of Risk
If the ordered goods are sent to the customer ATM bears the risk of damage or loss only until it is handed over to the carrier. ATM reserves the right to choose the type of shipment. If the shipment is delayed due to reasons the buyer is responsible for, the risk of accidental or slightly negligent damage or of accidental or slightly negligent loss of the item already passes to the customer on placing the goods at disposal for shipment. An acceptance of transport costs agreed in individual cases does not have any effect on the passing of risk.
- 9 Estimates
Estimates only are binding when they have been made in writing and designated to be binding. If it turns out during the operations that the actual costs exceed the estimate by more than 10%, ATM notifies the buyer of this. If the buyer as a result cancels the order, ATM may demand the part of the remuneration corresponding to the performed part of the work and reimbursement of the expenses not included in the remuneration.
- 10 Reservation of Title
The object of the contract remains in ATM’s ownership until all claims have been paid - even if it had been installed. As long as there is a reservation of title by ATM all changes disadvantageous for ATM, sales, pledging, protective conveyance or other relinquishment of the object of the contract to third parties without written approval by ATM are inadmissible. During the duration of the reservation of title the goods shall be kept carefully and be maintained in sound condition. The contract partner shall sufficiently insure the relevant item and transfer the rights from the insurance contract to ATM. If the contract partner does not comply with this obligation, ATM may take out the insurance at the contract partner’s cost and charge the costs to the contract partner. In case of default or breach of obligations to secure the object it may be demanded to return the object. After written advance notice with reasonable time limit the purchase object may be utilised as best as possible, charging the utilisation profit to the purchase price in direct sale. If the seller demands the return of the purchase object, the contract partner immediately is obliged to return the object to the seller unless he is entitled to a right of retention based on the sales agreement. On demand of the contract partner an expert may be consulted to ascertain the intrinsic value at his own expenses. The value ascertained thereby is binding for the parties. The contract partner bears all cost from the assertion of right of reservation and the return.
- 11 Terms of Payment
The shipment is made cash on delivery or cash in advance. If shipments are delivered on invoice according to special agreement, the invoice amount is due immediately on receipt without any deductions. If tuning measures of the vehicle by ATM have been performed, the payment shall be made on acceptance pursuant to § 6 of the General Terms and Conditions or 8 days after notice the latest in cash or by means of a bank transfer to one of our accounts regarding the completion. In case of default ATM is entitled to charge interest at a rate of 2% above the rate of the German Federal Reserve unless ATM or the customer proves that a higher or lower damage caused by default has been incurred. The aforementioned interest rate may be made without submitting a confirmation of interest by ATM's main bank. If the customer does not pay within a reasonable additional respite ATM may assert the rights of sec. 326 German Civil Code, including but not limited to demanding compensation for damages due to non-fulfilment. The amount of the compensation in all cases is 15% of the agreed remuneration unless ATM is able to prove a higher damage or the customer is able to prove a lower damage.
Additionally ATM is entitled to choose whether it asserts the outstanding agreed remuneration as compensation for damages as well or if it wants to demand the return of the purchase object.
- 12 Right of Retention
For any claim ATM is entitled to a right of retention and right of lien to the object ATM has come into possession due to the agreement. ATM is entitled to utilise the lien by way of direct sale. A written announcement to the buyer’s last address known to ATM is sufficient for the notice of sale.
- 13 Copyrights/Documents
ATM holds the copyrights to the objects delivered by ATM, including but not limited to ATM data records, sketches, outlines. Any imitation, copying, reading or making available to third persons for any reason results in a contractual penalty of Euro 5,000.00 which the customer undertakes to pay for each case of breach regardless of further claims for compensation to possibly be asserted. ATM will store submitted documents of the contract partner without passing of risk.
- 14 Place of performance and venue
Place of performance for the delivery and payment as well as place of venue including cheque, draft and collection proceedings is the company’s domicile in Recklinghausen. German law applies for agreements with customers outside of Germany.
- 15 Invalidity of Individual Provisions
The invalidity of individual provisions does not result in the whole agreement's invalidity. Provisions of these conditions invalid in full or in part shall be replaced by such provisions factually and commercially coming as close to the invalid clause as possible.
