Terms

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF ATRA PRODUCTS

Unless otherwise agreed, quotations submitted by ATRA shall be valid and binding for 30 days.

Orders
Orders must be placed in writing.
Orders shall be regarded as having been accepted definitively when a written order confirmation has been issued. All orders shall be entered at the prices in force on the date of receipt of the order.
Orders cannot be changed or canceled once the order has been confirmed in writing by ATRA.
The Buyer may not cancel or change orders placed with ATRA, unless agreed in writing in any one case, and only against payment by the Buyer of the expenses incidental thereto.
The Buyer must at all times check the order confirmations of ATRA.
Any objection to an order confirmation of standard stock products must be made by in writing the day before ETD date stated on the order confirmation.

ATRA reserves the right to refuse the Buyers’ orders until any amounts due have been paid in full to ATRA.

Fabric and leather selection and application
Fabric selection is the responsibility of the customer. ATRA is not responsible for the chosen fabrics suitability to the context of customer usage.
Fabrics have natural variation in the appearance of them. ATRA is not responsible for the variation in any fabric selected.
Fabrics respond to the atmosphere and environment in which they are placed. ATRA is not responsible for any reactions that occur

Materials
Natural materials like wood, metal and stone have natural variations and imperfections. ATRA is not responsible for variations and imperfections in the natural materials.
Natural materials like wood, metal and stone react to the atmosphere and environment in which they are placed. ATRA is not responsible to any reaction of those materials with the natural environment

Prices
All prices are stated in, USD, exclusive of VAT.
The purchase price is payable in the currency specified in the order confirmation.
All prices are exclusive of installation.
All prices that are in the pricelists are excluding any transport packaging or costs.

Design Drawing Approval and Accuracy Responsibility:
By signing the design drawing provided by ATRA, the Buyer acknowledges and agrees that they have reviewed the design drawing in detail and have verified the accuracy of all dimensions, specifications, materials, and other relevant details. The Buyer understands that the design drawing serves as a visual representation of the product to be manufactured.
The Buyer assumes full responsibility for ensuring the accuracy of the design drawing. Any discrepancies, errors, or omissions identified after the design drawing has been signed and approved by the Buyer shall not be the liability of ATRA. It is the Buyer's obligation to thoroughly review the design drawing, seek clarification if needed, and promptly communicate any concerns before providing their approval.
ATRA shall not be held responsible for any costs, delays, or issues arising from inaccuracies, discrepancies, or misunderstandings in the design drawing once it has been approved by the Buyer. The Buyer's approval of the design drawing is considered an acknowledgment of their thorough review and acceptance of its accuracy."

Delays
The estimated time of departure date may be subject for change.
The customer is not entitled to a refund or compensation in event of delay.

Buyers own material or leather (COM/COL)

ATRA is not responsible for any delays caused by incorrect amount of fabric or if the fabric are not delivered in time.
ATRA cannot be held liable for any losses that the buyer may suffer as a result of a delay or non-delivery.

Warranty on Standard Products

A two-year warranty is provided against manufacturing defects in standard products (materials and designs).
The warranty shall be valid for two years from the date of despatch.
The warranty does not extend to ordinary wear and tear, wear of or damage to upholstery and surfaces (including surface finish) nor damage caused by wrongful and/or insufficient maintenance. For the purpose of this provision, standard products shall mean the products specified and directly priced in the price list published by ATRA.

The warranty shall also lapse if the products show signs of incorrect or extreme use or other physical damage.
The warranty on upholstery is valid on fabric and leather that is recommended by ATRA only. This must be in writing.
The warranty does not cover leather and other fabrics ordered selected outside of explicit recommendation of ATRA.

Defects & Complaints
Any products from ATRA are not shipped until a Finished Photo Report is accepted. Once accepted in writing this is a confirmation of acceptance of the product as it appears in the report.
The buyer shall inspect the shipment immediately upon receipt. The carrier shall be notified immediately of any complaints and/or visible transport damage which shall also be stated on the delivery note/consignment note immediately after receipt of the products. Failing this, the Buyer is not entitled to rely on such defects as against ATRA.
Complaints regarding non-visible transport damage shall be made in writing to and reach ATRA no later than seven days from the date of delivery. Failing this, the claim is rejected.
Complaints regarding defects and non-conformities shall be made in writing to and reach ATRA no later than seven days from the date of receipt.
In case of complaints made within the warranty period, ATRA requires a written and detailed description of the non-conformity from the Buyer. The Buyer shall also supply a photo of the product to support the description before returning the product to ATRA for examination.
The Buyer shall not be entitled to return the products without ATRA’s consent. If the Buyer, within a period of one year from the date of delivery, can prove that some of the products purchased are defective, ATRA shall remedy the non-conformity at the location specified by ATRA or, at ATRA’s option, arrange for replacement delivery. If it is not possible to deliver identical products, ATRA may offer to replace them with comparable products.
In the event of non-conformities in the products sold, the Buyer shall only be entitled to have the non- conformity remedied or the products replaced in accordance with the above-mentioned rules.
The Buyer shall not be entitled to cancel the purchase in full or in part or demand a proportionate reduction in price, compensation or repayment, unless the non-conformity is caused by intentional or gross negligence on the part of ATRA.
When the risk of the products has passed to the buyer, ATRA shall no longer be liable for defects which may occur after this point, save for the obligations set out in this clause.
ATRA cannot be held liable for indirect losses such as loss of profits, lost time or consequential losses suffered by the buyer as a result of defects and non-conformities.
Defective products to be repaired or replaced as agreed shall be accessible to ATRA.
ATRA’s obligations in respect of the above shall not include the consequences of incorrect or unusual use or storage under extreme temperature/climate conditions or use which is not in compliance with ATRA’s instructions or any normal use of the product.

Delivery

The products shall be delivered according to the following terms:
The products shall be sent using standard packaging.
Delivery charges are charged pre-transport.
The estimated time of departure is stated on the order confirmation.
This date can be subject to any change and shall at no time be regarded as a delivery date on site.
ATRA cannot be held liable for any losses that the buyer may suffer as a result of a delay or non-delivery.
In the event that the Buyer postpones delivery or pick up of orders, and informs ATRA thereof less than 7 days before the planned and confirmed despatch date, a storage rental charge of $US 125.00 excl. VAT per pallet per week or part thereof shall be payable.
Orders with delivery terms and freight arranged by the Buyer, must be picked up no later than 10 days after readiness has been announced or the above mentioned storage charges will apply.
At no time will ATRA make delivery directly to the end user unless agreed with ATRA and specified in the order confirmation.
The buyer or designated reciever shall inspect the shipment immediately upon receipt. The carrier shall be notified immediately of any complaints and/or visible transport damage which shall also be stated on the delivery note/consignment note immediately after receipt of the products. Failing this, the Buyer is not entitled to rely on such defects as against ATRA.
ATRA products are valuable and should be handled by specialist receivers. If customers request freight shipments only it is at their own risk. ATRA is not liable for damage or issues in receiving products if freight is requested.

Storage
ATRA products must be taken out of packing materials pre storage. Fabric, Wood and Metal can be affected by the atmosphere (heat etc) along with constraints of packing materials. ATRA is not acceptable for any damage or atmospheric reactions that occur during storage.

Defective products to be repaired or replaced as agreed shall be accessible to ATRA.

ATRA’s obligations in respect of the above shall not include the consequences of incorrect or unusual use or storage under extreme temperature/climate conditions or use which is not in compliance with ATRA’s instructions or any normal use of the product.

Returns

Returns are only accepted by prior written agreement. Return goods shall be securely and properly packaged.

Unless otherwise agreed, the buyer shall bear the transport cost and risk of any defective products returned to ATRA.

Changes in design

ATRA reserves the right to change specifications. Prior to delivery and without prior notice, ATRA reserves the right to make any changes to a product’s design that it may find necessary or appropriate.

Product liability

Under no circumstances can ATRA be held liable for any indirect losses such as loss of profits, lost time or consequential losses, including legal costs incurred by the middleman.

The buyer shall inform ATRA immediately if the buyer is sued by a third party as a result of damage or injury caused by products manufactured by ATRA.

Force majeure

The Buyer shall not have any remedies for breach of contract as against ATRA if a delay in delivery is due to events beyond the reasonable control of ATRA and such events prevent ATRA from performing its contractual obligations or render such performance unreasonably burdensome such as fire, war, mobilization, industrial disputes, seizure, exchange controls, revolts and riots, general scarcity of goods, and any defects or delay in delivery of goods from sub-suppliers. If ATRA intends to rely on exemption from liability due to a force majeure event, ATRA shall notify the Buyer thereof within reasonable time.

Limitation of liability

Unless otherwise provided by mandatory law, ATRA is not liable for any damage to property, including the product itself, or personal injury (product liability), unless the Buyer can prove that such damage was caused by errors on the part of ATRA. In case of non-compliance with the accompanying directions, including instructions for assembling, load, use, etc. and such non-compliance is the cause of the damage, ATRA is not liable for the damage.

ATRA is not liable for any loss caused by delay in delivery, defects or other breach of contract, unless the loss is due to gross negligence on the part of ATRA.

ATRA is not liable for any indirect loss, such as loss of profits, operating loss, loss of goodwill, loss of Buyers, current expenses or any other financial consequential loss.

Disputes and governing law

Any dispute which might arise out of these General Terms and Conditions of Sale and Delivery and any related event shall, at ATRA’s option, be settled by in accordance with California Law.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Deviations from the General Terms and Conditions of Sale and Delivery

Deviations from these General Terms and Conditions of Sale and Delivery shall be permitted only by express written agreement between the buyer and ATRA.

Typographical errors

ATRA accepts no responsibility for typographical errors in prices, text, and measurements.