Atlas Bronze Terms and Conditions
Terms And Conditions
Terms & Conditions of Sale
Maranatha Now, Inc. DBA Atlas Bronze
(Atlas Bronze) Terms and Conditions of Sale apply to all purchases and sales of
items offered here on
www.atlasbronze.com. Your purchase means you have
accepted our Terms and Conditions of Sale in effect as of the date of purchase.
We disclaim any other Terms and Conditions contained in any customer purchase
order, order form
unless expressly agreed to by us in writing. Purchase orders must be strictly
in conformity with these Terms and Conditions of Sale. Inconsistent or
conflicting terms in any purchase order or sale acknowledgment are rejected and
shall be controlled by these Terms and Conditions
unless agreed to by the customer and Atlas Bronze in a separate mutual writing.
Additional terms are not binding unless agreed to by an officer of Atlas Bronze
in a separate writing. We reserve the right to decline fulfilling orders at our
Customers transacting e-Commerce
business with Atlas Bronze on our website and/or via third party platforms are
Our Hassle Free Guarantee
Atlas Bronze has been doing business
for 20 years. That experience comes with the knowledge that we all order the
wrong thing from time to time. As long as the part is not customized for you,
we will happily and quickly provide an exchange or refund (subject to
inspection) provided we are notified within 15 days of your shipment receipt
date and is in its original packaging. All other orders will be reviewed on a
case by case basis.
Purpose and scope of application
Any order implies the acceptance
without reservation by the Customer and its full adherence to these General
Terms and Conditions of Sale (GCS) which prevail over any other document of the
Customer, and in particular over all other General Terms and Conditions of
Purchase (GCP), unless the Seller has expressly agreed otherwise. These GCS
apply to the sales of all products and services by the Seller, unless a prior
agreement in writing has been reached between the parties. The fact of not
invoking at a given time any of the clauses set forth below cannot subsequently
amount to a waiver of these same clauses.
Placing of order
The orders are only valid after
written acceptance by the Seller.
Should the Customer place an order
without having paid for the previous orders already delivered, the Seller may
refuse to honor the order without the Customer being able to claim any
compensation, for whatever reason.
The Seller reserves the right to set
a minimum quantity per line of order corresponding to a minimum quantity
necessary for starting production. These minimum quantities by type of products
are available upon simple request from the Sellerâ€™s Sales Department.
Any dispensation from this minimum
quantity, at the request of the Customer, shall lead to the acceptance by it of
a flat-rate price, according to the scale provided by the Sellerâ€™s Sales
Any request for a modification to an
order (quantity, technical modification or inspection or packaging, etc. ..)
may only be considered by the Seller, if the request is made to it in writing
and reaches it within 4 working days from receipt of the initial order.
In this case, the changes will be
subject to a price revision and the Seller shall no longer be bound by the
initially agreed deadlines for delivery. A corresponding new order confirmation
will then be sent.
Cancellation of order
The orders sent by the Customer are
irrevocable, unless the Seller agrees in writing otherwise, notwithstanding the
payment of costs already incurred.
Contribution to the tooling costs
In the case of forgings, foundry
parts, or any other product requiring either partial of full tooling, the
Customer's participation in the financing of the costs for the research,
design, development and the manufacture of the tooling are subject to a
separate prior order.
It is understood that the financial
participation of the Customer in the tooling costs gives to the latter only a
right of use of the said equipment in the Sellerâ€™s factories for the purposes
of fulfilling its order and that the Seller retains full ownership of the
tooling. The Seller shall mention to the Customer the maximal quantity of parts
or products being able to be produced thanks to its contribution to the tooling
costs. If the tooling is provided by the Customer, the Seller shall not
guarantee the duration of use of this equipment. In addition, if the Seller
considers it necessary to make modifications so that parts can be produced
properly, the costs will be the responsibility of the Customer. The Customer
will replace the tooling at the request of the Seller. The use of the tooling
is reserved solely for the Customer or for a third party in which case the
Customer will inform the Seller in advance.
Payment for tooling contribution will be
-50% cash when the order is placed
-50% at the acceptance of the initial samples
Storage of tooling
The tooling is stored by the Seller
at its own expenses for a period of 2 years from the date of the last order.
After the expiry of this period, the Seller reserves the right to scrap it. The
Seller shall inform the Customer of its approach, and should the Customer wish
the tooling to be kept, it will have to pay for the storage, security and
management costs for a lump annual sum of $563.00.
Intellectual Property &
The delivery of the parts does not
entail the transfer to the Customer of the property rights of the forge or
foundry concerning the Sellerâ€™s manufacturing research, its software, patents,
and any other development work that it may have undertaken. Similarly, the
price of the manufacturing equipment designed by the Seller, whether or not it
was produced by the Seller, shall not include the value of its intellectual
property, which is to say the research, patent or know-how investment that it
has made in respect of its development. The same shall apply to any adjustments
that the Seller may have made to the equipment supplied by the Customer in
order to ensure the proper production of the parts.
Commitment to confidentiality
Under no circumstances, may the
Customer use the Sellerâ€™s research for itself or for another party, nor
disclose it without having expressly purchased the ownership of the research
work. Except for information which is already in the public domain, any
documents and drawings sent by the Seller to the Customer as part of the
preparation and fulfilment of the contract, shall be deemed
"confidential". As such, the Customer undertakes to keep all of this
Guarantee clause in cases of forgery
The Customer guarantees that when
the contract is signed, the contents of the drawings and the specifications as
well as the terms and conditions of their implementation do not infringe the
intellectual property rights or know-how held by a third party. It guarantees
that it is able to freely use them, without violating any contractual or
Calculation of the price
The prices are subject to specific
The prices correspond to the
quantities and schedules specified in the offers and may be modified in case
they are changed. They are in accordance with the economic, fiscal, and social
conditions which are known on the day of the offer and only commit the Seller
in respect of the specifications contained in the offer.
Should the transport be organized by
the Seller, there will be a special quotation for the transport, or shall be
specifically addressed prior to time of order listed in the â€œShip Viaâ€ section
of the quote / order acknowledgement.
Prices are given in US Dollars,
unless special provisions are specified in the contract.
Validity of the offer and price
Unless otherwise specified, the
validity of the offer is limited to 2 days from the date on which it was sent
to the Customer, only under the condition of stability of the course of
Prices may be revised depending on
the variation of the costs of their constituent parts with respect to current
legislation (material price, wage index, sub-contractor services, currencies,
etc...). They may also be revised each year in accordance with the consumer
prices of the country to which the contractual agreement applies.
All castings are sold as To Finish
To (TFT) the dimensions listed within the quotation, unless otherwise
Should the Customer require special
treatment of material such as: Heat Treatment, Special Analysis, Chemical and /
or Mechanical Testing, Additional Test Bars, Pressure Testing, X-Ray
Inspection, etcâ€¦ his inquiry shall set forth such requirements in detail. All
special treatment processes shall be at the Customerâ€™s expense.
The variation of the costs referred
to above may not, under any circumstances, be a reason for cancelling the
Any increase in fees, taxes, and
stamp duty, subsequent to the signing of the order, shall be the responsibility
of the Customer, even in the case of "duty paid" sales.
Unless there is a special agreement,
products which are sold by weight, by the length measurement or by item are
invoiced on the basis of the quantities actually delivered, which may vary by +
/- 10% from the quantities ordered.
The delivery times indicated by the
Seller are understood as being ex-works, the deadline for transport being added
to it. The Seller shall make every effort to meet these delivery times, which
are however given on a purely indicative and informative basis.
Special production service to secure
unusual deliveries, not in accordance with original Purchase Order delivery
instructions, shall be given on written request and at the Purchaserâ€™s expense.
In any case, the seller is released
as of rights from any commitment concerning delivery times:
-When the terms and conditions of payment are not complied with;
-When the information to be provided by the Customer are not arrived in good time:
-In the event of force majeure (cf Article XI. FOrce Majeure).
A delay in delivery may in no case
be justification for the cancellation of the order.
In the event of a delay in the
delivery of a product, and if a penalty clause has been agreed between the
parties, this clause shall only be applicable in as far as the delay is solely
attributable to the Seller or its sub-contractors, following a prior written
formal notice issued by the Customer , and only after the expiry of a period of
thirty (30) calendar days on the basis of which the Customer may not enforce
upon the Seller any penalty for delay or any other financial penalty for the
sole reason of there being a delay. The maximum penalty which may be incurred
may under no circumstances exceed five per cent (5 %) of the price excl. VAT
tax of only those products which are delayed in respect of the corresponding
order. These penalties shall be in the form of damages and interest in a lump
sum and paid in full, exclusive of any other form of settlement.
Terms of delivery
The goods shall be deemed collected
and approved in the Sellerâ€™s factories or stores, where, as of their release
the transfer of risks to the Customer takes place, even if FCA (Free Carrier) terms
The Customer undertakes to take
delivery within five days (5) following the notice of the goods being ready for
collection. Once this deadline has expired, the Customer will be charged for
the financial costs on the basis of 3 %/month. In this case, the products will
be handled and stored at the expense and risk of the Customer, without the
Seller being responsible.