Terms of Business

General Terms and Conditions

AT-Asian Trading Ug (haftungsbeschränkt)

Valid from 01.01.2016

I. Scope of application

The terms and conditions of sale and delivery of "AT-Asian Trading Ug (haftungsbeschränkt) "apply exclusively. Terms and conditions of the orderer/buyer deviating from these terms and conditions of sale and delivery shall not be valid.

II. Scope of delivery

1) All offers are subject to change without notice. The right of prior sale is reserved.

The written order confirmation of AT-Asian Trading Ug (haftungsbeschränkt ) is decisive for the scope of delivery as well as for other agreements. In the case of immediate order management, the delivery bill or the goods invoice is also considered as order confirmation.

Additional agreements and changes require the written confirmation of AT-Asian Trading Ug (haftungsbeschränkt).

III. Delivery time

Unless otherwise agreed between the contracting parties, the delivery period shall commence with the dispatch of the order confirmation, but not prior to the provision of any documents, approvals and releases to be obtained by the Purchaser and not prior to receipt of any agreed advance payment. It shall be extended by the period in which the Purchaser is in default with its contractual obligations - within an ongoing business relationship also from other sales.

The delivery period shall be deemed to have been complied with if readiness for dispatch has been notified or the delivery item has left the factory by the time of its expiry. This shall also apply if acceptance has to take place.

Compliance with the delivery period shall be subject to correct and timely delivery by our suppliers. The delivery period shall be extended in the event of industrial disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles beyond the control of AT-Asian Trading Ug (haftungsbeschränkt) and insofar as such obstacles can be proven to have a significant influence on the delivery of the delivery item. This also applies if the circumstances at suppliers of AT-Asian Trading Ug (haftungsbeschränkt) not responsible if they arise during an already existing delay.

Partial deliveries are permissible within the delivery periods specified by AT-Asian Trading Ug (haftungsbeschränkt), as long as this does not result in any disadvantages for the use.

5. The expiry of firmly agreed delivery periods and dates does not release the customer/buyer, who wants to withdraw from the contract or claim damages for non-performance, from the setting of a reasonable period of grace for the performance of the service and the declaration that he will reject the service after the expiry of the period. This shall not apply if AT-Asian Trading Ug (haftungsbeschränkt) has expressly and in writing designated a deadline or a date for performance as binding. The customer/buyer can withdraw from the contract without setting a deadline if the entire performance becomes clearly impossible for AT-Asian Trading Ug (haftungsbeschränkt) before the transfer of risk. If the impossibility occurs during the default of acceptance or if the customer / buyer is solely or mainly responsible for it, he remains obligated to counter-performance.

6.If the shipment is delayed at the request of the customer/buyer and for reasons for which he is responsible, he will be charged for the costs incurred by the delay, starting one month after notification that the goods are ready for shipment. However, AT-Asian Trading Ug (haftungsbeschränkt) shall be entitled, after setting and fruitless expiry of a reasonable period of time, to otherwise dispose of the delivery item and to supply the customer/buyer within a reasonable, extended period of time.

7. Compliance with the delivery time finally presupposes the fulfillment of the contractual obligations of the customer/buyer.

IV. Cancellation costs

If the customer/buyer cancels an order without justification, AT-Asian Trading Ug (haftungsbeschränkt) without prejudice to the possibility of claiming higher actual damages, may claim 10% of the sales price for the costs incurred in processing the order and for lost profits. The orderer/buyer reserves the right to prove a lower damage.

V. Acceptance and transfer of risk

1. The customer/buyer is obliged to accept the delivery item. Acceptance shall be deemed to have taken place 10 days after delivery at the latest. If the customer/buyer is in arrears with the acceptance of the object of purchase for longer than 14 days from receipt of the notification of readiness for delivery due to intent or gross negligence, AT-Asian Trading Ug (haftungsbeschränkt) shall be entitled, after setting a reasonable period of grace, to withdraw from the contract or to claim damages for non-performance. The setting of a grace period is not required if the customer / buyer seriously or finally refuses acceptance or is obviously also within this time to pay the purchase price is not able. The customer/buyer shall accept the delivered items even in the event of a non-substantial defect, without prejudice to his warranty rights arising therefrom.

2. The risk shall pass to the Buyer when the object of purchase is handed over to a forwarding agent or carrier, but at the latest when it leaves the warehouse, even if the delivery is made by vehicles of AT-Asian Trading Ug (haftungsbeschränkt). If the shipment is delayed as a result of circumstances for which the customer/buyer is responsible, the risk shall pass to the customer/buyer from the day of readiness for shipment. However, at the request and expense of the customer/buyer, the insurance that the customer/buyer requires shall be effected.

VI. Terms of payment

1. Unless otherwise agreed, prices shall always be subject to value-added tax at the statutory rate.

In the absence of a special agreement, the prices shall apply ex works, including loading at the works, but excluding packaging.

2. in the absence of a special agreement, payment shall be made to AT-Asian Trading Ug (haftungsbeschränkt) without any deduction, namely: 100% after the invoice has been issued or before delivery and notification of readiness for dispatch.

3. The set-off because of possible counterclaims of the orderer/buyer disputed by the AT-Asian Trading Ug (haftungsbeschränkt) is not admissible. The withholding of payments is only permitted in the case of counterclaims to which the customer/buyer is entitled that are not based on the same contractual relationship.

The customer/buyer shall be in default if he does not settle due payments at the latest 30 days after receipt of an invoice or equivalent request for payment. AT-Asian Trading Ug (haftungsbeschränkt) as seller reserves the right to cause the default by issuing a reminder after the due date at an earlier time. Notwithstanding sentences 1 and 2, the customer/buyer will be in default if it is agreed that the purchase price is to be paid at the end of a fixed time after a certain event and the customer/buyer does not pay by that time at the latest.

5. Interest on arrears shall be charged at 8% points p.a. according to German law, but at least at 5%. They are to be set higher or lower if AT-Asian Trading Ug (haftungsbeschränkt) proves a charge with a higher interest rate or if the customer/buyer proves a lower charge.

VII Retention of title

1. AT-Asian Trading Ug (haftungsbeschränkt) retains ownership of the delivery item until receipt of all payments from the delivery contract.

2.The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the Buyer shall notify AT-Asian Trading Ug (haftungsbeschränkt) without delay.

3.In case of breach of contract by the customer, especially in case of default of payment, AT-Asian Trading Ug haftungsbeschränkt is entitled to take back the goods after a reminder and the customer is obliged to surrender the goods. The assertion of the reservation of title as well as the seizure of the delivery item is by AT-Asian Trading Ug haftungsbeschränkt is not considered a withdrawal from the contract.

VIII Notification of defects and liability

AT-Asian Trading Ug haftungsbeschränkt is liable for defects of the delivery under exclusion of further claims as follows:

1. the orderer/buyer has to examine the received commodity immediately after arrival for lack and condition. Obvious defects must be reported to AT-Asian Trading Ug (haftungsbeschränkt) in writing within one week, in the case of non-obvious defects within 4 weeks of delivery.

2. Used machines are sold without any warranty, unless other conditions are agreed in the order.

3. The customer's right to assert claims arising from defects expires in all cases after the expiry of the warranty. The fulfillment of the warranty requires a timely written complaint within the complaint period specified in paragraph 1.

4. In case of justified complaints AT-Asian Trading Ug (haftungsbeschränkt) shall, at its discretion, rectify the defect or replace the defective goods.

5. If AT-Asian Trading Ug (haftungsbeschränkt) allows a reasonable period of grace granted to it to elapse without rectifying the defect or supplying a replacement, or if the rectification or replacement is impossible, fails or is refused, the customer/buyer shall be entitled, at its discretion, to withdraw from the contract or to demand a reduction in the purchase price (abatement).

6. No guarantee is taken over by the AT-Asian Trading Ug (haftungsbeschränkt) for damages which have arisen from the following reasons:

Unsuitable or improper use, faulty assembly or commissioning by the customer / buyer or third parties, unsuitable operating materials, unsuitable building ground, chemical, electronic or electrical influences, failure to comply with the operating instructions or given operating instructions, improperly made changes and repairs.

7. further claims of the orderer/buyer, especially a claim for compensation of damages, which did not occur at the delivery item itself, are excluded (claims for damages due to loss of production or similar) as far as they are not based on a grossly negligent or intentional breach of contract of AT-Asian Trading Ug (haftungsbeschränkt) or an intentional or grossly negligent breach of contract of a legal representative or vicarious agent; this also applies to damages resulting from the breach of duties during the contract negotiations. In all other respects liability is excluded.

VIIII Place of performance and jurisdiction

1. Place of jurisdiction and place of performance is, as far as legally permissible, Detmold (Germany). AT-Asian Trading Ug (haftungsbeschränkt) is also entitled to take legal action at the headquarters of the orderer/buyer.

German law shall apply to the exclusion of the laws on the international purchase of movable property, even if the customer/buyer has its registered office abroad.

X. Severability clause 

Should any provision be or become void, the validity of the other provisions shall remain unaffected hereby.