GENERAL TERMS AND CONDITIONS
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Article 1 Definitions
In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
ATIS: ATIS Telecommunication B.V., the user of the general terms and conditions, contractor, seller, builder, installer;
Counterparty: the counterparty of ATIS, client, buyer; Agreement: the agreement concluded between ATIS and the counterparty.
Article 2 General
2.1 These terms apply to every assignment, offer, and agreement between ATIS and the counterparty, unless expressly and in writing deviated from by the parties;
2.2 These terms also apply to all agreements with ATIS for which ATIS makes use of the services of third parties;
2.3 The applicability of any terms of the counterparty is expressly excluded;
2.4 If ATIS enters into agreements with the counterparty more than once, all subsequent agreements will always be subject to these terms, regardless of whether they have been explicitly declared applicable;
2.5 If one or more provisions in these terms are void or declared invalid, the remaining provisions of these terms will remain in effect.
Article 3 Offers, assignments, and agreements
3.1 All offers, in whatever form, are non-binding, unless a deadline for acceptance is mentioned in the offer;
3.2 Agreements in which ATIS is a party are only considered concluded:
a) after signing by both parties of a prepared agreement;
b) after receipt and acceptance of the written acceptance by the counterparty of an offer made by ATIS;
c) failing that, by delivery to and acceptance of the goods by the counterparty;
3.3 In the case of oral agreements, the invoice is deemed to accurately and completely represent the agreement, unless a complaint is made within 30 days of the invoice date;
3.4 If ATIS receives an oral additional work assignment from the counterparty or an employee or representative of the counterparty present at the work site during the execution of the work, and the counterparty has accepted this additional work after its execution or has not protested against the additional work, then ATIS may assume that the additional work was carried out at the express request of the counterparty at the prices and rates used by ATIS;
3.5 If it becomes apparent during the execution of the agreement that it is necessary to modify and/or supplement the work to be performed for proper execution of the agreement, the parties will timely and in mutual consultation adjust the agreement accordingly. If the parties modify and/or supplement the agreement, the completion date of the execution will be affected accordingly;
3.6 If ATIS needs to create new drawings, calculations, models, etc. for a modification in the agreement, ATIS will charge the associated costs to the counterparty additionally;
3.7 Settlement of additional and less work will take place:
• in the event of changes in the agreement or in the execution conditions;
• in the event of deviations from the amounts of the provisional sums;
• in the event of deviations from billable quantities;
3.8 Provisional sums are amounts mentioned in the agreement, which are included in the contract sum and are intended for either:
a) the purchase of materials, or
b) the purchase of materials and processing thereof, or
c) the performance of work, which on the day of the agreement is insufficiently accurate.
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