{"id":16031,"date":"2018-09-05T07:37:43","date_gmt":"2018-09-05T07:37:43","guid":{"rendered":"https:\/\/plutourinal.com\/?page_id=16031"},"modified":"2018-09-05T07:37:43","modified_gmt":"2018-09-05T07:37:43","slug":"condiciones-generales-de-entrega-y-pago-en-ingles","status":"publish","type":"page","link":"https:\/\/plutourinal.com\/es\/condiciones-generales-de-entrega-y-pago-en-ingles\/","title":{"rendered":"Condiciones generales de entrega y pago (en ingl\u00e9s)"},"content":{"rendered":"<p><strong>General Terms Of Delivery and Payment\u00a0Of ATLAS Sanitation Products B.V., Zoetermeer, The Netherlands (nr. 63656817)<\/strong><\/p>\n<p><strong>Article 1. Applicability.<\/strong><br \/>\n1. \u201cWe\u201d and \u201cUs\u201d and ATLAS means ATLAS Sanitation Products B.V. or\u00a0any affiliated company.<br \/>\n2. These general conditions are applicable to all our offers and agreements,\u00a0particularly, the agreements concerning delivery of goods to our\u00a0buyer\/contractor and to any agreement resulting therefrom. Any services to be provided by ATLAS, whether or not they are otherwise ancillary to and part of a sale of goods, shall be considered ancillary to a sale of\u00a0goods and these General Terms shall apply to all goods and services to\u00a0be provided by ATLAS.<br \/>\n3. \u201cYou\u201d, buyer or contractor means every person, firm, company,\u00a0corporation or public authority on account of which a sales agreement or\u00a0other agreement is or will be arranged. Particularly the entity in which<br \/>\norder and for whose account the goods will be delivered.<br \/>\n4. These general conditions can only be excluded when explicitly agreed\u00a0upon in writing.<br \/>\n5. These conditions exclude any buyer\/contractor conditions, except where\u00a0we have agreed to any amendments or other conditions in writing and\u00a0whereas these conditions are not in conflict with our general conditions.<br \/>\n6. When buyers\/contractors conditions are in conflict with our general\u00a0conditions then only our general conditions are applicable. Special\u00a0articles in the buyers\/contractors conditions do not exclude this.<br \/>\n7. Delivery (of goods) also includes services and activities of any kind.<\/p>\n<p><strong>Article 2. Offers.<\/strong><br \/>\n1. All our offers\/quotations are without committing ourselves, for a limited\u00a0time only and have to be considered complete unless agreed upon\u00a0otherwise in writing.<br \/>\n2. All statements by Atlas of numbers, dimensions , weight and \/ or other\u00a0indications of the products and \/ or services are made with care , but\u00a0Atlas cannot guarantee that no deviations will occur. Shown or provided\u00a0samples , drawings or models are only indications of such products and\u00a0\/ or services . The content of leaflets, printed matter etc. will not be binding to Atlas unless expressly referred to in the agreement. In case of\u00a0difference between the order of the customer and the confirmation of\u00a0Atlas, only Atlas\u2019s confirmation will be binding. Minor deviations must\u00a0be accepted by the customer.<br \/>\n3. Part of the offer\/quotation can be models, drawings, samples, descriptions etc., as well as any appendixes and enclosures applicable to\u00a0the offer\/quotation. These items &#8211; including special made tools &#8211; stay our\u00a0property and have to be returned on first notice. Without our written\u00a0permission these items may not be copied or given to or placed under the\u00a0disposal of any third party.<br \/>\n4. All intellectual and industrial property are reserved to ATLAS. You are\u00a0not entitled to use any of our goods as a model or blue print, or to use\u00a0any right of intellectual or industrial property of ATLAS vested in our\u00a0products, including but not limited to know how, in order to manufacture\u00a0or sell products that infringe our rights, or to manufacture or sell products\u00a0that are similar to our products. The products sold to you were sold under\u00a0the clear understanding that they shall not be copied and\/or reproduced\u00a0in any form. Breach of this article is severe and material and shall lead\u00a0to full recovery\/compensation of ATLAS.<\/p>\n<p><strong>Article 3. The Contract.<\/strong><br \/>\n1. The contract comes into being when we have accepted\/confirmed the\u00a0order in writing and the written order confirmation has been signed and\u00a0returned to us by buyer\/contractor, or when the buyer\/contractor has\u00a0notified us of its acceptance of the offer\/quotation.<br \/>\n2. The order confirmation send to the buyer\/contractor gives the right\u00a0content of the contract.<br \/>\n3. Any supplementary agreement and\/or promises made and\/or done by one\u00a0of our employees or on behalf of us done by other representative persons\u00a0will only commit us when these agreements and\/or promises are\u00a0confirmed by one of our Directors in writing.<\/p>\n<p><strong>Article 4. Price<\/strong>.<br \/>\n1. Prices mentioned in our offers, order confirmations, price lists and on\u00a0the internet are in Euro, without value added tax (VAT), EXW\u00a0warehouse ATLAS, excluding transport and insurance and import duties<br \/>\ninto the country of buyer\/contractor, without assembling and cost of\u00a0packing, and other costs unless specified and agreed in writing\u00a0otherwise. These costs will be added at the rate applicable.<br \/>\n2. The prices mentioned in the offer\/quotation, contract and order\u00a0confirmation are based on the prevailing prices of producers, raw\u00a0materials, materials, labour, transportation, insurance, taxes, import<br \/>\nduties for the Netherlands\/EU or other government duties at the time the\u00a0contract is effected.<br \/>\n3. We preserve the right to &#8211; as a result of risen cost prices mentioned in\u00a0article 4.2 after the effectuation of the contract but before delivery of the\u00a0order \u2013 charge buyer\/contractor for this price rise. In such a case we also\u00a0preserve the right to dissolve the contract partly or completely without\u00a0any judiciary intervention.<br \/>\n4. If the price rise mentioned in article 4.3 is more than 5%, the\u00a0buyer\/contractor has to right to dissolve the contract partly or completely\u00a0without any judiciary intervention.<\/p>\n<p><strong>Article 5. More- and\/or less work, extra costs.<\/strong><br \/>\n1. The Buyer\/contractor has the right to adjust and\/or change the contract\u00a0before or during the execution or construction of the contract. These\u00a0adjustments and\/or changes have to be ordered in writing to ATLAS by\u00a0buyer\/contractor. Only the adjustments and\/or changes ordered in\u00a0writing by the buyer\/contractor to ATLAS will be executed and billed. If such a written order is missing, the buyer\/contractor is still obliged to\u00a0pay for the adjustments and\/or changes if by other means ATLAS can\u00a0prove that the appointed task are ordered for.<br \/>\n2. ATLAS has the right to charge the buyer\/contractor for costs caused by\u00a0the following circumstances:<br \/>\na. If the contract cannot be fulfilled normally or without\u00a0delay or if the contract is aggravated by circumstances\u00a0beyond control of ATLAS or by circumstances\u00a0attributable to the buyer.<br \/>\nb. if Government rules occur which were not known or\u00a0could not be known to ATLAS at the moment of\u00a0effectuation of the contract.<br \/>\n<strong><br \/>\nArticle 6. Time of delivery.<\/strong><br \/>\n1. Time of delivery starts at the moment the contract has comes into being\u00a0provided that all information necessary for the effectuation of the order is in our possession. All given times of delivery are approximate and can\u00a0never be considered final or fatal, unless explicitly agreed otherwise in\u00a0writing.<br \/>\n2. Transportation and delivery of goods is for the account and risk of the\u00a0buyer \/contractor. Transportation is EXW Zoetermeer, The Netherlands\u00a0according to the latest version of the Incoterms, unless explicitly agreed\u00a0upon otherwise in writing.<br \/>\n3. Unless the buyer\/contractor arranges for its own expedition the goods will be transported by the method and forwarding company we consider\u00a0being the most appropriate.<br \/>\n4. If delivery of goods takes place in parts we have the right to consider\u00a0each delivery as individual transaction.<br \/>\n5. The buyer\/contractor is obliged to take possession of its order within an\u00a0agreed time period. If buyer\/contractor fails to take possession of its\u00a0order within the agreed time period and we claim payment of the<br \/>\ncontract, the goods are esteemed to be delivered and we will store the\u00a0goods for risk and expenses of the buyer\/contractor. If there is no time\u00a0period agreed on we are entitled to the aforesaid action if the goods are\u00a0not taken into possession by you within one month after our first notice.<\/p>\n<p><strong>Article 7. Complaints.<\/strong><br \/>\n1. The buyer\/contractor guarantees the correctness and completeness of\u00a0and is responsible for the information given to us.<br \/>\n2. The buyer\/contractor has to take into account the usual tolerances and\u00a0minor modifications with the delivered goods.<br \/>\n3. The buyer shall carefully inspect the goods immediately upon delivery.\u00a0Complaints of buyer\/contractor, relating to defect on goods which are\u00a0externally visible have to be reported within 7 days after delivery date or\u00a0within 7 days after invoice date when goods could not be delivered to\u00a0buyer\/contractor. This report has to be done by registered letter and has\u00a0to contain the specific complaint in a clear and correct manner stating\u00a0the invoice number concerning the goods. Buyer\/contractor has to check\u00a0the delivered goods in time.<br \/>\n4. Defects The report has to be done as mentioned in article 7.3.<br \/>\n5. Every claim of buyer\/contractor to us in relation to defects on delivered\u00a0goods expires if:<br \/>\na. the defects are not reported within the period and manner\u00a0as mentioned in article 7.3 and 7.4;<br \/>\nb. buyer\/contractor does not cooperate in the investigation to the justness of the complaints;<br \/>\nc. the goods are not treated, used or stored by\u00a0buyer\/contractor in the right way and\/or if the goods are\u00a0treated or used under circumstances not foreseeable by\u00a0us;<br \/>\nd. the application of the usage of the goods in relation to\u00a0which the complaints have been reported is being\u00a0proceeded by buyer\/contractor;<br \/>\ne. the warranty period mentioned in the individual contract\u00a0is expired or when no warranty period is mentioned or the complaints are submitted after a period of 12 months\u00a0after the delivery date.<br \/>\n6. If a dispute occurs about the quality of goods fabricated by us an analyses\u00a0will be done by an impartial knowledgeable institution pointed out by\u00a0us. The result of the analyses will be binding for both parties.<br \/>\n7. Buyers may not return products without prior consultation with Atlas.\u00a0The costs of returning the products are borne by the buyer and the\u00a0products remain his risk. Complaints on used\/second hand products will\u00a0not be take into consideration.<br \/>\n8. Complaints about invoices have to be filed in writing within 5 days after\u00a0receipt of the invoice.<\/p>\n<p><strong>Article 8. Liability.<\/strong><br \/>\n1. If warranty of goods delivered by us is not covered by a third party\u00a0(manufacturer) the warranty is covered by us. Our warranty is restricted\u00a0to defects, which are the result of workmanship, and\/or material defects.<br \/>\n2. Any necessary (de)installation adjustment and setup costs of the\u00a0components of \/ on the goods sold and other costs of services or materials\u00a0required (hours, oil , filters , etc. ) are fully borne by the buyer. In<br \/>\naddition, all possible administrative, shipping and delivery costs and any\u00a0additional costs or stipulation costs to demand this warranty with the\u00a0supplier of customer by Atlas are fully and unreservedly for the account of the customer. All shipping costs to the customer are always borne by\u00a0the customer .<br \/>\n3. No warranty is given on chargers , batteries , tires and other wearing parts. Atlas reserves the right not to provide warranty or to provide deviating\u00a0warranties to discounted or outlet items. No warranty is given for\u00a0discoloration or deviations of minor nature, which are technically\u00a0unavoidable and according to generally accepted usage.<br \/>\n4. Should the customer perform any repairs or changes without prior\u00a0permission from Atlas or have such repaired performed by others than\u00a0Atlas, then Atlas will not be bound to honor its warranty obligations .<br \/>\nThis also applies if improper use of the products has occurred by the\u00a0customer or affiliates, which means the use for which the product has\u00a0been reasonably intended according to the user manual. The same applies\u00a0to (over)heating by heat sources, exposing products to humidity, extreme\u00a0heat, cold or drought.<br \/>\n5.1 Any warranty by Atlas does not apply if and as long as the purchaser is\u00a0in default towards Atlas, if the goods are subjected to abnormal\u00a0conditions, or handled carelessly or inexpertly, if the products were<br \/>\nstored longer than usual, or Atlas has not been enabled to investigate\u00a0the state of the products. Unless explicitly agreed otherwise, every\u00a0warranty shall expire one year after delivery.\u00a0In case a claim occurs which concerns the quality and which is determined and\u00a0recognised by us as warranty as stated in article 8.1 we have the following options &#8211; at\u00a0our choice &#8211; to fulfil the warranty:<br \/>\na. (free) repair of the defects;<br \/>\nb. delivery of replacement goods and\/or parts after we have received the defects goods and\/or parts;<br \/>\nc. repayment of the received purchase-price\/ credit of the invoice sent to the buyer\/contractor and dissolving the\u00a0contract partly or complete without any judiciary\u00a0intervention. This only if the purchase price,<br \/>\ninvoice and\u00a0contract concern the delivered defect goods.<br \/>\n5.2. In case that buyer\/contractor has done repairs, modifications and\/or\u00a0changes to the delivered goods by itself or by a third party without\u00a0previous explicit written authorisation of ATLAS all warranty claims<br \/>\nlaps.<br \/>\n5.3. Except for any obligations regarding article 8.2 we are not obliged to any\u00a0compensation payments to buyer\/contractor or others unless there is\u00a0wilful intent or gross negligence on our side. We will not be liable for\u00a0any direct or indirect loss, loss of business, interruption of work, loss of\u00a0profits, savings you expected to make, wages, fees or expenses made by\u00a0the buyer\/contractor, its subordinates or third parties in charge of\u00a0buyer\/contractor caused due to late (re) delivery, non (re) delivery, delayed (re) delivery, inferior (re) delivery of goods or the goods itself.<br \/>\n5.4. The buyer\/contractor is obliged to indemnify us from any claims of third\u00a0parties regarding the execution of the contract unless the law does not\u00a0prohibit that these claims are for the account of buyer\/contractor.?<\/p>\n<p><strong>Article 9. Retention of title, risk, security.<\/strong><br \/>\n1. The risk and liability of the goods is immediately transferred to the\u00a0buyer\/contractor on delivery of the goods wherever the delivery is\u00a0instructed by buyer\/contractor.<br \/>\n2. However, ATLAS will be owner of the delivered goods until full\u00a0payment of the complete order has been received. ATLAS will be\u00a0permitted access to any land, location or premises of buyer\/contractor to<br \/>\nrecover our goods.<br \/>\n3. If necessary ATLAS has the right to claim any security from the\u00a0buyer\/contractor for fulfilment of any commitment between us, as\u00a0ATLAS seems fit.<br \/>\n4. Buyer\/contractors has no right to pledge, sell or forfeit the goods &#8211; which\u00a0are not fully paid for &#8211; to third parties.<br \/>\n5. Subject to article 9.4, the buyer\/contractor is allowed to sell the goods to\u00a0third parties only if this is part of the normal conduct of business. In this\u00a0case the buyer\/contractor is obliged to transfer the received money\u00a0without delay directly to ATLAS. If this sale is not in cash the\u00a0buyers\/contractors claim has to be transferred directly without delay to\u00a0ATLAS.<br \/>\n6. ATLAS reserves the right to recover the delivered goods which are under\u00a0the possession of the buyer\/contractor (or third parties) but which are\u00a0still owned by us, if there is a reasonable suspicion that the contract will\u00a0not be fulfilled. The foregoing leaves the usual rights as mentioned in\u00a0common law unimpeded, particularly the right of us to claim the\u00a0buyer\/contractor after recovering the goods.<br \/>\n7. Buyer\/contractor is obliged to insure the risk of fire and robbery of the\u00a0goods that are not (fully) paid for and to show such insurance on our first\u00a0notice.<\/p>\n<p><strong>Article 10. Payment.<\/strong><br \/>\n1. Payment has to be done in EURO or in the currency mentioned in the\u00a0contract, without any discount, cash at our office or by wire-transfer to\u00a0our bank account number, in both cases immediately as the goods have\u00a0been delivered to the location instructed by buyer\/contractor except if\u00a0agreed upon otherwise in writing. If account facilities have been agreed\u00a0upon payment has to be made according this agreement. All money\u00a0transfer costs of the bank in the country of buyer\/contractor are always\u00a0on the expense of buyer\/contractor. Payments by cheque are not\u00a0accepted. For orders\/invoices below EURO 250,00 we may charge\u00a0EURO 12,50 order treatment costs.<br \/>\n2. Unless agreed otherwise, payment must be made within 30 days of the\u00a0invoice date without any deduction or set-off. If payments are overdue\u00a0the buyer\/contractor is in default without ATLAS needing to notify\u00a0buyer\/contractor about it. ATLAS preserves the right to suspend any\u00a0fulfilment of our contracts with buyer\/contractor and make use of our\u00a0rights according common law. ATLAS also preserves the right to<br \/>\ndemand cash payment or other payment guarantees for future deliveries.\u00a0In such a case we also preserve the right to dissolve the contract partly\u00a0or in whole without any judiciary intervention by with buyer\/contractor\u00a0is obliged to give back the delivered goods or undo any done\u00a0achievements of ATLAS, notwithstanding our right to claim\u00a0compensation.<br \/>\n3. If buyer\/contractor fails to make its payments, interest is forfeited of\u00a07% above the prevailing base bank rate over the payment that is\u00a0overdue from the moment the payment is overdue till the contract is<br \/>\npaid for in full and which interest is claimable immediately without the\u00a0necessity of prior written notice demanding such payment. ATLAS is\u00a0entitled to charge buyer\/contractor for any extrajudicial cost needed to<br \/>\ncash our claim; whereas attorney\u2019s fees shall be fully recoverable.\u00a0Moreover all disadvantages of loss of exchange rates or other occurring\u00a0losses due to the late payment are for the account of buyer\/contractor.<br \/>\n4. Payments are first deducted from the in article 10.3 mentioned costs,\u00a0next deducted from the interest due and finally from the principal\u00a0amount.<br \/>\n5. If the financial position of the buyer\/contractor weakens after\u00a0effectuation of the contract but before the delivery of the goods ATLAS\u00a0is entitled to abandon the execution of the contract partly or as a whole<br \/>\nor demand a change in the terms of payment or provides security for all\u00a0its obligations.<\/p>\n<p><strong>Article 11. Circumstances beyond one\u2019s control.<br \/>\n<\/strong>Circumstances beyond one\u2019s control are any circumstances, which can\u00a0or are not controllable which cause reasonable doubt to perform the<br \/>\ncontract (not accountable failure to perform). Circumstances beyond\u00a0one\u2019s control also are: war, riots and hostilities of any kind, blockade,\u00a0boycott, catastrophe, epidemics, shortage on raw-materials, prevention<br \/>\nor interruption of transportation, disturbances in our company, export\u00a0and\/or import restrictions or prohibitions, impediments caused by\u00a0measures, laws or decisions of international, national or local<br \/>\ngovernments. If these circumstances causes ATLAS to fail to deliver at\u00a0all or not properly or not at time ATLAS has the right to consider the\u00a0contract to be dissolved for the part not yet performed or the for contract\u00a0as a whole or to suspend the contract for an agreed period of time, such\u00a0to our choice. In case of circumstances beyond one\u2019s control ATLAS\u00a0cannot be hold liable to any compensation claim of buyer\/contractor.<\/p>\n<p><strong>Article 12. Law.<\/strong><br \/>\nAll offers and contracts are governed by and interpreted in accordance\u00a0with Dutch law. The Vienna Convention on the Sale of Goods is\u00a0excluded.<\/p>\n<p><strong>Article 13. Jurisdiction.<\/strong><br \/>\nIn the event that the buyer resides in one of the member states of the\u00a0European Union, all disputes of any kind which are in relation to and\/or\u00a0are consequent on any contract, offer, delivery and\/or services will be\u00a0subject to the jurisdiction of the competent courts in Rotterdam, the\u00a0Netherlands. In case the buyer resides outside of the European Union,\u00a0all disputes arising in connection with the present agreement, or further\u00a0agreements resulting therefrom, shall be settled in accordance with the\u00a0Arbitration Rules of the Netherlands Arbitration Institute. The arbitral\u00a0tribunal shall be composed of one arbitrator. The arbitral tribunal shall\u00a0be appointed according to the list procedure. The place of arbitration\u00a0shall be Rotterdam. The proceedings shall be conducted in the English\u00a0language.<\/p>\n<p><strong>Article 14. Modification of these terms<\/strong><\/p>\n<p>ATLAS is entitled to modify these conditions. These modified\u00a0conditions are applicable to all our offers and agreements between\u00a0ATLAS and buyer\/contractor made or entered into after the date the\u00a0modified conditions are deposited with the Chamber of Commerce.\u00a0If one of the provisions of these General Terms and Conditions or of\u00a0any contracts entered into based on these General Terms and\u00a0Conditions should be or become invalid, this shall not affect the\u00a0validity of the remaining provisions. The Contracting parties are\u00a0obliged to replace the invalid provision by an effective regulation most\u00a0closely approximating the economic success pursued by the ineffective\u00a0provision.<\/p>\n<p><strong>Article 15. Translation.<\/strong><br \/>\nThis Dutch text is translated into other languages. If a translation of this\u00a0Dutch text is in conflict with the Dutch deposited text than the deposited Dutch text is binding.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>General Terms Of Delivery and Payment\u00a0Of ATLAS Sanitation Products B.V., Zoetermeer, The Netherlands (nr. 63656817) Article 1. Applicability. 1. \u201cWe\u201d and \u201cUs\u201d and ATLAS means ATLAS Sanitation Products B.V. or\u00a0any affiliated company. 2. These general conditions are applicable to all our offers and agreements,\u00a0particularly, the agreements concerning delivery of goods to our\u00a0buyer\/contractor and to any&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v20.8 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Condiciones generales de entrega y pago (en ingl\u00e9s)<\/title>\n<meta name=\"description\" content=\"Condiciones generales de entrega y pago\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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