TERMS AND CONDITIONS ATR TRANSMISSIONS/REMOTE DIAGNOSIS
Article 1 Definitions
ATR Transmissions (hereinafter referred to as ‘ATR’): provider of hardware/tickets;
Customer: Buyer of the hardware or requester ticket;
Buyer: Buyer of the hardware;
Hardware: all hardware components supplied by ATR;
The ATR Remote: the interface that enables a physical connection between the vehicle’s OBD connector and another device;
Ticket: Agreement on a service that is concluded after request of the Service by the Buyer and its acceptance by ATR;
Service: remote electronic programming of the vehicle or its components, diagnosis or information download;
Article 2: General
2.1
These General Terms and Conditions apply to every offer, quotation or agreement of ATR with the buyer/customer.
2.2
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the rest of these general terms and conditions will remain fully applicable. In such a case, ATR’s contracting party will enter into consultations to agree on new provisions to replace the void or annulled provisions, taking into account as much as possible the purpose and scope of the original provisions.
Article 3: Quotations and offers for the purchase of hardware
3.1
All offers and offers from ATR are valid for the period stated in the quotation or the offer. Acceptance after this period does not create an agreement.
3.2
Unless otherwise indicated, the prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred within the framework of the agreement, including shipping and administration costs, unless otherwise indicated.
Article 4: Conclusion and execution of the agreement for the purchase of hardware
4.1
The purchase agreement with regard to the hardware is concluded by the acceptance of the
customer of the quotation or offer made by ATR.
4.2
ATR is entitled to request payment of the hardware before the delivery of the hardware
purchase price due. As long as the buyer has not paid the amount due, ATR is entitled
suspend delivery of the hardware and any other contractual obligations.
4.3
Delivery of the hardware takes place ex operation of ATR, unless otherwise agreed.
4.4
Delivery times can only be indicated approximately and are not binding.
Exceeding delivery times does not entitle the Buyer to cancellation of the agreement and/or compensation.
Article 5: Creation and execution of the ticket
5.1
The customer can make a choice for the service to be provided on the purchased hardware
(Further: Ticket). The ticket is created after acceptance by ATR.
5.2
After acceptance of the ticket, ATR will perform the agreed service. The customer can use the
Track progress of the work on the hardware.
5.3
After correct completion of the ticket, the customer will receive a notification on the hardware.
The ticket will not be charged to the customer until it has been handled correctly. A non-
completed ticket, the cause of which lies on the side of ATR (e.g., for assessment by ATR)
will not be charged to the customer.
5.4
The customer shall ensure a stable
internet connection and execution of the instructions given by ATR. If the customer does not comply with the
instructions given by ATR; the ticket will be charged to the customer.
Article 6: Payment and collection
6.1
The buyer will receive an invoice for the hardware to be supplied by ATR. The customer receives, after
completion of the ticket, an invoice for the purchased ticket.
6.2
Unless otherwise agreed, the invoices have a payment term of 14 days. The
Payment term is a deadline.
6.3
If the buyer/customer does not pay the invoice within the payment term, you will automatically
absenteeism in. From the moment of occurrence of the default, the buyer/customer is an interest
payable from 1% per month, unless the statutory commercial interest rate is higher, in which case the
statutory commercial interest is due.
6.4
The payments made by the buyer/customer are primarily deducted from the costs,
then deducted from the interest accrued and finally deducted from the principal and
the current interest rate.
6.5
The buyer/customer is never entitled to set off the amount owed by him to ATR.
Nor is the buyer/customer entitled to suspend his/her payment obligations.
6.6
If the buyer/customer is in default or in default in the (timely) fulfillment of his obligations, then
all reasonable costs incurred in obtaining payment out of court shall be borne by the
buyer/customer.
Article 7: Warranty and liability
7.1
ATR guarantees that the hardware supplied by it meets the usual requirements and standards
which can reasonably be assumed to be at the time of delivery and for which they
normal use are intended.
7.2
ATR guarantees that the hardware supplied by it is free of design, material and
Manufacturing defects, for a period of 12 months after delivery.
7.3
ATR is not liable for indirect or consequential damage. Any liability of ATR is
limited to the amount paid out by its liability courtship, plus its own
risk. In any case, ATR’s liability, regardless of the cause of damage, is limited to a
amount of € 15,000, -, even if her liability insurance pays out a higher amount.
7.4
ATR is not liable for damage of any kind caused by ATR going out
of incorrect and/or incomplete data provided by or on behalf of the buyer/customer and/or already
existing defects in the vehicle in question
7.5
If the buyer claims warranty on hardware supplied by ATR, the hardware will be at the expense and
sent to ATR at the risk of the customer.
7.6
The warranty is void if the buyer has caused damage due to improper handling of
the hardware.
7.7
Any warranty claim lapses if third parties make repairs to the hardware supplied or
perform or have performed work.
7.8
At the end of the warranty period, all costs for repair or replacement of the hardware,
including administration and shipping costs will be charged to the buyer.
Article 8: Defects and complaint periods
8.1
The buyer must deliver the purchased hardware upon delivery – or as soon as possible afterwards
examine. In doing so, the Buyer must check whether the delivered goods are part of the agreement
Answered.
8.2
Under penalty of the forfeiture of any claims, the buyer must submit any defects within 8 days
report to ATR in writing after delivery. Non-visible defects must be addressed to the buyer, within 8
days after discovery and delivery, to be notified in writing to ATR.
8.3
In the event of return of items, ownership is returned to ATR under all circumstances
shut.
Article 9: Force majeure
9.1
ATR is not obliged to fulfil any obligation towards the buyer/customer if they
is hindered to do so by a circumstance that is not attributable to fault, and
nor by virtue of the law, a legal act or prevailing opinion for his
account comes.
9.2
“Force majeure” on the part of ATR is understood to mean: any circumstance with which
ATR could not take into account at the time of entering into the agreement and / or as a result of
of which a normal execution of the agreement cannot reasonably be done by the buyer / customer
are required, such as, but not limited to disease in ATR, failure to have
sufficient data from or the provision of incorrect data by the buyer/customer, or
the lack of cooperation by the customer, as well as fire, floods, strikes, riots,
obstructions in transport, mobilisation, war, machine breakdown, failure to deliver facilities
by public utilities and any other circumstances, which affect the implementation of the
delay or make agreement impossible.
9.3
ATR may, during the period that the force majeure continues, fulfil the obligations under the agreement.
suspend. If this period lasts longer than two months, then each of the parties
entitled to dissolve the agreement, without obligation to compensate for damage to the
other party.
Article 10: Suspension and dissolution of the agreement
10.1
ATR is entitled to suspend the fulfilment of the obligations or to terminate the agreement.
dissolve, if:
a) the buyer/customer does not fulfil the obligations under the agreement, not fully or not on time fulfills;
b) circumstances brought to ATR’s knowledge after the conclusion of the agreement fear that the buyer/customer will not fulfil the obligations;
c) If due to the delay on the part of the buyer/customer can no longer be of ATR required it to enter into the agreement on the terms originally agreed. ATR is entitled to dissolve the agreement.
d) The bankruptcy of the buyer/customer is filed.
e) A suspension of payment is requested by the buyer/customer.
f) Seizures are made at the expense of the buyer/customer.
g) Buyer/customer become involved in a debt restructuring process.
In the event that one of the above circumstances occurs and ATR proceeds to dissolution, all claims of ATR are immediately due and payable. In the event of dissolution, ATR is never obliged to pay any compensation.
10.2
If the dissolution is attributable to the Buyer, ATR is entitled to compensation for the damage, including the costs, caused directly and indirectly.
Article 11: Retention of title
11.1
All hardware supplied by ATR remains the property of ATR until the moment that the buyer/customer has fulfilled all obligations under the agreement.
Article 12: Price increase and specification changes
12.1
ATR is entitled to change the prices and specifications of the hardware it offers at any time of its choice. Price and specification changes will be communicated via the ATR website.
Article 13 Applicable law/competent court
13.1
The agreement(s) between ATR and the buyer/customer is governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
13.2
Any disputes between the parties will be submitted to the competent court in the district of Central Netherlands
ATR Remote
Aardvletterweg 7
3417 XL Montfoort3417 XL Montfoort
www.atrremote.com
info@atrremote.com
With ATR Remote, we can remotely program, adapt, or diagnose electronic systems of a car, both for new and used transmission modules.
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