Terms and Conditions

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 , or otherwise; 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 discretion.

Customers transacting e-Commerce business with Atlas Bronze on our website and/or via third party platforms are subject to the website Terms of Use.

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.

Article I. 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.

Article II. Orders

Section 2.01 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.

Section 2.02 Minimum Quantity

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 Seller’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 Seller’s Sales Department.

Section 2.03 Order modification

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.

Section 2.04 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.

Article III. Tooling

Section 3.01 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 Seller’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.

Section 3.02 Payment for tooling

Payment for tooling contribution will be
-50% cash when the order is placed
-50% at the acceptance of the initial samples

Section 3.03 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.

Article IV. Intellectual Property & Confidentiality

Section 4.01 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 Seller’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.

Section 4.02 Commitment to confidentiality

Under no circumstances, may the Customer use the Seller’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 information confidential.

Section 4.03 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 statutory obligation.

Article V. Price

Section 5.01 Calculation of the price

The prices are subject to specific conditions.

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 “Ship Via” section of the quote / order acknowledgement.

Prices are given in US Dollars, unless special provisions are specified in the contract.

Section 5.02 Validity of the offer and price revision

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 material.

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 indicated.

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, etc… his inquiry shall set forth such requirements in detail. All special treatment processes shall be at the Customer’s expense.

The variation of the costs referred to above may not, under any circumstances, be a reason for cancelling the order.

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.

Article VI. Delivery

Section 6.01 Quantity delivered

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.

Section 6.02 Delivery Time

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 Purchaser’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.

(a) Terms of delivery

The goods shall be deemed collected and approved in the Seller’s factories or stores, where, as of their release the transfer of risks to the Customer takes place, even if FCA (Free Carrier) terms are granted.

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.