ATM GENERAL TERMS AND CONDITIONS OF SALES

ATM GENERAL TERMS AND CONDITIONS OF SALES

ATM GENERAL TERMS AND CONDITIONS OF SALES

1.0 Subject
ATM General Terms and Conditions of Sales (GTCS) apply to all sales of ATM goods. These conditions supersede Buyer`s General Conditions of Purchase included in the Buyer`s order and may be modified as indicated in ATM`s Special Conditions of Sales included in ATM`s Order Confirmation (CdO).

2.0 Buyer Order Acceptance by ATM
Buyer orders are not binding to ATM, unless such Buyer order is confirmed by a CdO. CdO includes complete specifications for equipment delivery, including Factory Acceptance Test (FAT),Site Acceptance Test (SAT) and installation conditions, if any. It also contains the conditions determining what constitutes Buyer acceptance. This may include, for example: equipment production rates, tolerances on critical dimensions, duration of the test as well as consistent production of “good” parts -parts within tolerances – over a pre-defined period of time, scrap percentages per defined period of time, operation temperature ranges, material specifications for the test, etc. The CdO will have a validity period of 15 days during which it is expected the Buyer to indicate his agreement by signing it. In case the Buyer does not sign the CdO within the specified time period, then the Buyer order will not be considered firm and ATM`s price and delivery may be revised by supplier.

3.0 Subject of the Sale
Only those items and equipment and machinery which are described in the CdO are the subject thereof; any other part of such equipment and machinery, even if it is necessary for working thereof, is outside the terms of the CdO and this GTCS.

4.0 Place of Delivery and method of transport
Unless otherwise indicated all sales are “Ex-works Incoterms 2010”, suppliers` facilities. The choice of the most suitable method of transport shall be decided by the Buyer who shall be responsible for the consignment of the equipment to their respective site. Under no circumstances shall the vendor be liable for any missing, delayed or irregular deliveries nor shall the vendor be required to make any indemnity payment for any direct or indirect loss caused by failure to make delivery of the equipment to the Buyer site. If agreed upon in the CdO, ATM may arrange for shipment on behalf of the Buyer, who in all circumstances shall assume all risk of loss associated with the referenced shipment. In case the Buyer does not cause shipment to occur within 15 days after having accepted the machine as meeting or exceeding all specifications included in the CdO as well as subsequent modifications, if any, the Vendor may warehouse such equipment and shall be entitled to invoice warehousing fees including handling, insurance and any other expenses associated with the warehousing of such equipment.