§1 Scope and General Provisions
These General Terms and Conditions (GTC) of ATS GmbH apply to all contracts, deliveries, services, and related legal transactions that ATS GmbH enters into within the scope of its business activities with a contractual partner (supplier or purchaser/buyer). If the contractual partner is an entrepreneur as defined by § 14 of the German Civil Code (BGB), these GTC also apply to future business relationships, even if their inclusion is not explicitly agreed upon again.
The term “supplier” refers to any contractual partner who provides or delivers goods or materials of any kind to ATS GmbH or performs transport services for ATS GmbH. The term “purchaser/buyer” (hereinafter referred to as “buyer”) refers to any contractual partner who orders, receives, acquires products from ATS GmbH, or utilizes services provided by ATS GmbH.
The contract between ATS GmbH and the contractual partner (supplier or buyer) is concluded exclusively under these terms. Diverging general terms and conditions of the contractual partner shall not become part of the contract, even if ATS GmbH does not explicitly object to them.
Different conditions of the contractual partner are only valid if and to the extent that they have been explicitly confirmed in writing by ATS GmbH. The term “in writing” includes communication via fax and email.
If the GTC of the contractual partner contain a clause intended to exclude the applicability of differing GTC (a so-called objection clause), ATS GmbH is only prepared to conclude the contract under its own GTC.
For transactions involving entrepreneurs under § 14 BGB concerning grain, the “Standard Terms and Conditions in the German Grain Trade” shall also apply, unless otherwise agreed and provided they do not contradict these GTC. For transactions involving plant protection products, field seeds, seed grain, etc., the “General Terms and Conditions for the Sale and Delivery of Seeds (AVLB)” shall apply additionally, provided they do not contradict these GTC.
These GTC are deemed accepted by the supplier or buyer at the latest upon receipt of the first delivery or service from ATS GmbH.
Changes to these GTC will be communicated to the contractual partner in writing. The changes shall be deemed approved unless the contractual partner objects in writing within four weeks of notification. ATS GmbH shall explicitly point out this legal consequence when notifying the changes.
§2 Conclusion of Contract and Contract Content
The written order of the buyer constitutes a binding offer. ATS GmbH is entitled to accept such written offer within two weeks by sending an order confirmation or by executing the order.
A written (delivery) offer by the supplier may be accepted by ATS GmbH within two weeks by sending an order confirmation. If ATS GmbH instead sends the supplier a utilization offer, this constitutes a new offer, which the supplier accepts either by express declaration or by implicit conduct through the execution of the contract.
If the contract is concluded orally or by telephone without reservation of written confirmation, the delivery note shall be deemed the order confirmation. The delivery note shall determine the subject matter of the contract unless the recipient objects without delay.
If contracts are concluded orally or by telephone subject to written confirmation, the content of the confirmation letter shall be decisive unless the recipient objects without delay.
Details regarding the ingredients of delivered or provided (waste) materials and/or fertilizers as well as their composition are considered contractual specifications as defined in § 434(1) sentence 1 BGB.
If ATS GmbH issues a utilization offer, the specifications provided in the supplier’s (delivery) offer and the utilization offer are considered agreed contractually. In the event of discrepancies between the information in the supplier’s offer and the utilization offer, the information in the utilization offer shall prevail upon acceptance of said offer by the contractual partner.
If the supplier presents a declaration analysis for the delivered or to-be-delivered (waste) materials and/or fertilizers at the time of contract conclusion, or if the parties agree on obtaining such an analysis, then the analysis’ data regarding maximum levels of certain pollutants, waste-defining factors, categorization of waste types, or waste origin shall also be considered part of the agreed contractual specification from the moment the contract is concluded. However, individual pollutant values determined by a laboratory for sampled and declared materials are not considered contractually agreed specifications.
If a declaration analysis is obtained post-contract with the mutual consent of both parties, then—unless agreed otherwise—the information within the analysis shall be considered a contractual specification from the date of the analysis.
The materials and/or fertilizers delivered or provided by the supplier are generally intended for agricultural utilization after processing. They must comply with the requirements of the German Fertilizer Ordinance (Düngemittelverordnung) as amended, especially regarding permissible input materials and pollutant limits.
ATS GmbH retains ownership and copyright of all documents provided to the supplier or buyer in connection with the delivery or order. These documents may not be made accessible to third parties without the prior written consent of ATS GmbH. If no contract is concluded, these documents must be returned to ATS GmbH immediately.
ATS GmbH is not liable for any typographical or clerical errors in its offers. In such cases, both ATS GmbH and the contractual partner (supplier or buyer) are entitled to withdraw from the contract immediately upon discovery of the error. Errors and price changes are subject to correction.
ATS GmbH is entitled to use third parties to fulfill its contractual obligations.
The supplier must provide ATS GmbH, upon request, with written confirmation of the proper performance of its contractual obligations.
§3 Supplier’s Duty of Notification and Declaration, Right to Refuse Acceptance
The supplier of (waste) materials and/or fertilizers is obliged to provide ATS GmbH with complete information on all substances and their composition contained in the materials and/or fertilizers delivered or provided for fulfillment of its contractual obligations — at the latest upon initial delivery or collection by ATS GmbH. This obligation applies regardless of whether the supplier is the manufacturer of the materials to be delivered or provided. The obligation is fulfilled by submitting a properly prepared declaration analysis.
The supplier must notify ATS GmbH in writing, without being requested, of any changes in the composition or ingredients of the delivered or provided (waste) materials or fertilizers that differ from the information originally provided at the time of contract conclusion or upon first delivery/collection. Such a modified composition will only be deemed contractually agreed as per § 434(1) sentence 1 BGB once ATS GmbH provides its explicit written consent.
If a specific percentage composition of a material or mixture has been expressly agreed, the supplier may only modify the composition with the prior written consent of ATS GmbH.
The supplier of waste materials must declare these with a clear indication of the origin and the waste producer, in compliance with the applicable legal and regulatory provisions. The supplier is solely responsible for the correct declaration of the materials delivered.
ATS GmbH is entitled to refuse acceptance of delivered or provided (waste) materials and/or fertilizers if the duties of notification and declaration as set out in §3 paragraphs 1, 2, and 4 have not been fulfilled or have been fulfilled inadequately, or if the delivered or provided (waste) materials and/or fertilizers deviate from the supplier’s declarations or specifications according to §3 paragraphs 1, 2, and 4.
§4 Delivery and Performance Obstacles
If delivery on call (delivery upon request) is agreed upon, the buyer must provide a reasonable deadline for delivery.
If the buyer of ATS GmbH products delays the call-off or acceptance of the goods, ATS GmbH may, without prejudice to other statutory rights, store the goods at its own premises or those of a third party at the buyer’s expense and risk, or — after granting a grace period of seven calendar days — dispose of the goods in a suitable manner at the buyer’s expense. The intended disposal on the buyer’s account must be announced when setting the grace period.
A delivery date is based on ATS GmbH’s expected performance capability and is subject to correct, complete, and timely self-supply. ATS GmbH shall only be exempt from liability for defective, delayed, or failed self-supply if it is not due to a breach of duty attributable to ATS GmbH.
Unforeseen circumstances and obstacles — especially procurement, manufacturing, or delivery disruptions, strikes, lockouts, war, etc. — occurring at ATS GmbH or its suppliers, and not attributable to ATS GmbH or its suppliers, shall postpone the delivery date by the duration of the disruption. This also applies if such circumstances arise during an already existing delay. Any grace period set by the buyer in such a case shall also be extended by the duration of the effects of the unforeseen event.
If delivery is delayed for more than five weeks due to an unforeseen event, the contractual partner (buyer) may withdraw from the contract. ATS GmbH is entitled to withdraw from the contract if the delivery delay caused by one of the aforementioned events — which must be promptly communicated to the contractual partner — lasts longer than six weeks. In such a case, ATS GmbH shall immediately inform the buyer and refund any payments already made without delay.
Over- or under-deliveries of up to 10% of the agreed total quantity shall not entitle either ATS GmbH to raise objections against the supplier or the buyer of ATS GmbH products to raise objections against ATS GmbH.
Upon acceptance of delivered (waste) materials, ownership transfers to ATS GmbH unless the materials do not match the supplier’s specifications or declarations as set out in §3 paragraphs 1, 2, and 4.
§5 Filling and Collection of (Waste) Materials at the Supplier
If contractually agreed, ATS GmbH shall provide, in return for payment, skip containers or bins of the type, size, and number specified in the contract for filling and collecting the (waste) materials to be utilized, at the agreed locations. ATS GmbH shall also provide, in return for payment, the replacement of the containers at the agreed locations and the transport of the (waste) materials to its own recycling facility.
The agreed service intervals and schedules for the collection of (waste) materials are binding unless otherwise agreed in the contract. Empty trips and idle times caused by deviations from the agreed service schedule shall be charged.
The supplier shall provide a suitable location for the placement of the containers or bins and ensure they are freely accessible and safe to approach with vehicles. The supplier is responsible for traffic safety in relation to the containers and their location.
The supplier agrees to fill the containers or bins only with the (waste) materials specified in the contract. The supplier is solely responsible for the correct declaration of the (waste) materials.
Filling the containers or bins beyond the top edge or exceeding the permitted maximum weight is not allowed. In the event of overfilling, ATS GmbH is entitled to refuse acceptance of the (waste) materials or to repack the contents. Any additional costs incurred as a result shall be borne by the supplier.
ATS GmbH shall obtain, at its own expense, all permits and documentation required for the transport of the materials. If such permits and documentation are not granted, ATS GmbH shall not be liable for any damages resulting from transport delays, unless such delay is due to fault on the part of ATS GmbH.
§6 Packaging and Shipping by ATS GmbH, Risk of Price
The goods shall be packaged in a standard commercial manner at the buyer’s expense. The buyer must ensure immediate unloading upon delivery as agreed. Delivered pallets and reusable containers must be returned within one month, freight-free and emptied, in usable condition, or their value must be reimbursed. For other types of packaging, the buyer is responsible for proper disposal at their own expense.
Any losses or damages during rail transport must be reported by the recipient to the railway company and certified before accepting the shipment.
Damage occurring during transport does not entitle the buyer to refuse acceptance of the goods from ATS GmbH.
Shipping is carried out at the buyer’s risk, regardless of whether delivery to the buyer and/or free delivery was agreed upon or whether delivery is carried out by ATS GmbH itself. Transport insurance will only be arranged by ATS GmbH upon the buyer’s request and at the buyer’s expense, and only to the extent desired by the buyer.
§7 Prices and Price Adjustments
The pricing is based on the incoming weight of the (waste) materials received, as determined by ATS GmbH using a calibrated weighing system.
Unless fixed prices have been expressly agreed, the deliveries and services of ATS GmbH are provided at the prices valid on the day of delivery, ex works, excluding packaging and plus the value-added tax (VAT) applicable on the day of delivery. Accordingly, all price indications (e.g., in offer letters, contracts, the ATS GmbH website) are to be understood as excluding VAT at the applicable rate on the day of delivery. Packaging costs are invoiced separately. Services not contractually agreed but either legally required or initiated by the contractual partner (supplier/buyer) may be invoiced separately.
If, in the case of continuing obligations, essential cost factors such as labor or transport costs, tariffs, customs duties, surcharges due to ice, high or low water levels, taxes, or public levies change after conclusion of the contract, ATS GmbH is entitled to adjust the purchase price in proportion to the increase in the relevant cost factor by providing written notice. The supplier or buyer may object to the price adjustment within two weeks of receiving the written notice. If no objection is made within that period, the price adjustment is deemed accepted as of the date stated in the notice. In the event of a timely objection, ATS GmbH may terminate the contract within one month of receiving the objection, effective at the end of the following month.
Outside of continuing obligations, the above regulation applies analogously if the delivery or service by ATS GmbH is not to be provided within four months after contract conclusion.
For free deliveries, the agreed price applies only if transport can take place without hindrance.
§8 Due Date and Default in Payment
The invoice amount becomes due immediately and without deduction upon receipt of the invoice by the buyer. If the buyer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), they shall be deemed in default of payment — without the need for a reminder — at the latest fifteen days after the due date and receipt of the invoice or an equivalent statement of payment.
In the case of payment by check, payment is not considered made upon receipt of the check by the contractual partner, but only upon its irrevocable clearing. The same applies to bank collection or direct debit procedures.
In the case of agreed payment terms (e.g., payment on account), the purchase price becomes immediately due if there are objective indications of doubts concerning the buyer’s solvency — for example, if the buyer suspends payments, files for insolvency, or fails to honor checks — and ATS GmbH notifies the buyer of the immediate maturity of the amount and provides the reason. The same applies if the buyer defaults on an installment amount that exceeds a single payment or fails to pay another due claim.
§9 Complaints and Secondary Claims
Obvious defects must be reported to ATS GmbH in writing by a buyer who is an entrepreneur within the meaning of § 14 BGB within an exclusion period of one week after delivery. Timely dispatch of the notice of defects is sufficient to meet the deadline. Defects that could have been identified through a proper inspection in the normal course of business must be reported in writing within four weeks of delivery. If the defect notice is not submitted in time, the buyer’s defect-related claims based on these defects are excluded.
A buyer who is not an entrepreneur under § 14 BGB must report obvious defects in writing within two weeks after delivery. For non-obvious defects, a two-year exclusion period applies. Failure to report defects within these deadlines excludes the buyer’s defect-related claims based on those defects.
Defect claims do not apply in the case of only minor deviations from the agreed condition, minor impairment of usability, or damages occurring after the transfer of risk due to incorrect or negligent handling or extraordinary external influences.
ATS GmbH is not liable for defects caused by improper storage or handling of the delivered materials by the buyer. In the case of purchases where the buyer is responsible for collection or shipment, ATS GmbH is also not liable for defects resulting from improper transport.
ATS GmbH is not bound by analysis results relating to the composition of contested products unless such analysis is conducted by an Agricultural Testing and Research Institute (LUFA) or a publicly recognized laboratory based on a representative sample.
ATS GmbH hereby assigns to the buyer any (future) warranty claims it may have against third parties for defects in its products. The buyer may only assert warranty claims against ATS GmbH if:
- In the case of a buyer who is an entrepreneur under § 14 BGB, both out-of-court and legal action against the third party have failed, or
- In the case of a consumer, out-of-court action against the third party has failed, and
- The buyer has reassigned the warranty claims back to ATS GmbH.
ATS GmbH shall provide the buyer with all necessary documents and information required to assert the claims against the third party.
If, despite all due care, the delivered goods from ATS GmbH are found to be defective and the defect existed at the time of the transfer of risk, ATS GmbH shall, subject to the provisions of §9(6) and a timely defect notification, choose either to rectify the defect or deliver a replacement.
If rectification or replacement is justifiably contested, the buyer is entitled to subsequent performance. The buyer’s legal rights to demand a price reduction, withdraw from the contract, or claim damages shall revive if the subsequent performance fails, and these rights shall exist alongside the right to subsequent performance.
Rectification and replacement shall always be made on a goodwill basis and without acknowledgment of legal obligation.
A buyer’s withdrawal from the contract is only valid if the defect is due to a breach of obligation attributable to ATS GmbH. Withdrawal and any claim for damages must always be made in writing.
If ATS GmbH is unable to perform after a grace period set by the buyer for reasons beyond ATS GmbH’s control, the buyer may withdraw from the contract only after an additional appropriate grace period has expired without success.
If ATS GmbH fails to deliver after a grace period set by the buyer, it may still fulfill the delivery after the grace period, provided it gives reasonable prior notice. If the buyer has not yet declared whether they wish to continue with the contract or claim damages/withdraw, they must accept the duly offered delivery by ATS GmbH. If the buyer fails to do so, they are deemed in default of acceptance.
If the buyer receives a defective product and ATS GmbH remedies the defect within the set grace period, the buyer may not withdraw from the contract or claim damages due to other defects that were not previously reported and for which no further grace period was set, unless a new grace period is granted.
The buyer’s claim for reimbursement of expenses incurred in the course of supplementary performance — in particular transport, travel, labor, and material costs — is excluded to the extent that such costs increase due to the relocation of the goods to a place other than the buyer’s registered location, unless such relocation corresponds to the intended use.
If a product manufactured by ATS GmbH using supplied materials is sold directly or via intermediaries to a consumer and the consumer legitimately reports a defect within six months of the transfer of risk that can be traced back to a defect in the supplied materials, it shall be presumed that the defect existed at the time of risk transfer to ATS GmbH.
If ATS GmbH resells the manufactured product to a consumer and a defect appears within six months of the transfer of risk to the consumer — and ATS GmbH asserts legal warranty claims of any kind against the supplier — it shall be presumed that the defect existed at the time the risk transferred to ATS GmbH, unless this presumption is inconsistent with the nature of the item or defect. This also applies if ATS GmbH did not sell the product directly to the consumer, but rather another business within the supply chain did.
Where ATS GmbH performs contract work (processing), such work is deemed accepted upon completion. Complaints about defects must be submitted no later than five days after completion of the work.
§10 Liability of ATS GmbH
ATS GmbH shall be liable without limitation for personal injury. The same applies to other damages incurred by the contractual partner that are the result of an intentional or grossly negligent breach of duty by ATS GmbH.
For foreseeable, contract-typical damages arising from the breach of essential contractual obligations, ATS GmbH shall also be liable in cases of simple negligence — subject to §10(2) — up to a maximum liability amount of EUR 500,000. An essential contractual obligation in this context is one whose fulfillment is necessary for the proper execution of the contract and on whose compliance the contractual partner regularly relies and is entitled to rely.
The buyer’s claim for compensation due to delay is limited, in cases of simple negligence by ATS GmbH, to 5% of the purchase price.
Liability for other damages due to simple negligence is excluded.
The supplier and the buyer shall indemnify ATS GmbH against all third-party claims asserted against ATS GmbH on the basis of damages caused culpably by the supplier, the buyer, or any third party acting on their behalf.
§11 Liability of the Supplier
The supplier shall be liable for all damages — including indirect and consequential damages — incurred by ATS GmbH as a result of:
- (Waste) materials delivered after the due date or filled into containers provided to the supplier that do not conform to the declaration or details supplied by the supplier at the time of contract conclusion or delivery/collection, pursuant to §3 paragraphs 1, 2, and 4,
- or if additional, undeclared substances have been added to the materials.
The supplier’s obligation to compensate also applies if the delivered materials or goods have already been processed by ATS GmbH and the damage resulted from the fact that the materials or goods did not match the declared or agreed composition.
This liability also applies if the damage occurs to a third party and ATS GmbH is held responsible. In such cases, the supplier shall indemnify ATS GmbH against all third-party claims.
The supplier is also liable for any damage resulting from improper filling of the provided collection containers or from violation of their traffic safety obligations at the container site.
If, due to defective performance by the supplier, production at ATS GmbH is fully or partially interrupted after the due date, the supplier must compensate ATS GmbH for the lost profit resulting from the production downtime.
If the supplier’s delivery is defective, the supplier shall reimburse ATS GmbH for all expenses incurred due to the defective delivery.
If the materials or goods delivered by the supplier are inadequately declared or defective — for example, because they do not correspond to the information provided in accordance with §3 paragraphs 1, 2, and 4 — or if ATS GmbH withdraws from the contract for any reason, ATS GmbH may, without prejudice to any other legal rights, demand that the supplier take back the delivered materials or goods at the supplier’s expense within a reasonable period.
After this period has expired, ATS GmbH is entitled — again without prejudice to further legal rights — to store the materials or goods itself or with a third party at the supplier’s expense and risk, or to dispose of them appropriately at the supplier’s expense. The supplier must be informed of these consequences when the deadline is set.
§12 Extraordinary Termination
ATS GmbH and its contractual partner (supplier or buyer) may each terminate a contract that provides for ongoing obligations or recurring individual services over a longer period (a continuing obligation) in writing and without noticeif the other party, after being issued two written warnings, again breaches contractual obligations.
ATS GmbH is also entitled to extraordinary termination without notice in the context of a continuing obligation if the supplier delivers (waste) materials that fail to comply with the pollutant limit values set out in the Fertilizer Ordinance in its current version.
§13 Right of Retention and Set-Off
If the buyer unjustifiably refuses to pay the purchase price, ATS GmbH may withhold further deliveries and, after setting a reasonable deadline, claim damages instead of performance or reimbursement of futile expenses. The right to withdraw from the contract remains unaffected.
The supplier or buyer is only entitled to exercise a right of retention if their counterclaim arises from the same contractual relationship.
The supplier or buyer may only offset claims against ATS GmbH with undisputed or legally established claims.
§14 Assignment Prohibition and Statute of Limitations
The assignment of current or future claims by the supplier arising from deliveries to and services for ATS GmbH is prohibited.
If ATS GmbH incurs damage to life, body, health, freedom, property, or any other legally protected right due to a defect in the delivered materials, the resulting claim for damages shall become time-barred three years from the date on which ATS GmbH became aware — or would have become aware without gross negligence — of the damage and the defect’s causality.
The same applies if such damage occurs to a third party for whom ATS GmbH is held responsible.
The statutory maximum limitation periods — after which claims become time-barred regardless of knowledge or grossly negligent ignorance — remain unaffected.
Warranty claims of the buyer of ATS GmbH products expire one year from the date of delivery. This does not apply to claims for damages resulting from injury to life or health, or from gross negligence or intent.
§15 Retention of Title
The goods delivered by ATS GmbH and the associated documents remain the property of ATS GmbH until full payment of all current and future claims of ATS GmbH against the buyer arising from the business relationship. This applies to all future deliveries, even if not explicitly stated again. In the case of a running account (current account), the retention of title serves as security for the balance claim.
ATS GmbH is entitled to take back the delivered goods if the buyer acts in breach of contract. As long as ownership has not yet transferred to the buyer, the buyer is obliged to handle the purchased goods with care.
The buyer is authorized to resell the reserved goods in the ordinary course of business, either for cash or under retention of title. Pledging or transferring as security is only permitted if the buyer immediately transfers the received financial proceeds to ATS GmbH for the purpose of payment and settlement of any outstanding invoice differences.
All claims of the buyer from the resale of the reserved goods — including all ancillary rights and any claims for compensation against a credit insurer — are hereby assigned to ATS GmbH at the time of contract conclusion, regardless of whether the reserved goods were resold before or after processing, mixing, or combining. ATS GmbH accepts the assignment.
If ATS GmbH only co-owns the goods or if the buyer sells the goods together with goods that do not belong to ATS GmbH at a total price, then the assignment of claims is limited to the amount that ATS GmbH charged the buyer for its portion of the goods, including VAT.
The buyer is authorized to collect the claims assigned to ATS GmbH until revoked. ATS GmbH may revoke this authorization if the buyer fails to fulfill their payment obligations from the collected proceeds, defaults on payment, files for insolvency, or suspends payments.
Upon revocation, the right to collect the claims — including in the event of insolvency — transfers to ATS GmbH. In this case, the buyer must grant ATS GmbH access to the goods at any time, label them as ATS GmbH’s property upon request, and provide all requested information regarding the reserved goods. Upon request, the buyer must notify their customer of the claim assignment.
If the buyer receives checks or bills of exchange from resale, they assign the related claim to ATS GmbH up to the amount of the assigned resale claim. Ownership of the instrument is transferred to ATS GmbH, and the buyer shall hold it in custody on behalf of ATS GmbH.
Any processing or transformation of goods under retention of title is carried out on behalf of ATS GmbH, which is regarded as the manufacturer. The buyer’s expectant right continues in the transformed item. ATS GmbH acquires co-ownership of the newly created item in proportion to the value of the reserved goods relative to the other processed goods at the time of processing.
If mixing or combining with other goods occurs and the buyer’s item is considered the main item, the buyer shall transfer co-ownership proportionally to ATS GmbH and shall store the item on behalf of ATS GmbH.
If the buyer acquires ownership despite the above, they hereby transfer it to ATS GmbH at the time of acquisition. The buyer shall hold the goods in custody for ATS GmbH. Any claims for return against third parties are hereby assigned to ATS GmbH, which accepts the assignment.
If the goods delivered by ATS GmbH are combined or mixed with other items such that the buyer’s goods are considered the main item, the buyer shall grant co-ownership in proportion to the value and store the new item for ATS GmbH. Any claims for return against third parties are also assigned to ATS GmbH.
To secure ATS GmbH’s claims, the buyer also assigns claims against third parties resulting from the combination of the reserved goods with real property. ATS GmbH accepts this assignment.
The buyer must protect the rights of ATS GmbH if third parties access the goods or claims (e.g., through seizure) and notify ATS GmbH immediately in writing. If the third party cannot reimburse ATS GmbH for the legal costs incurred in asserting its rights under § 771 ZPO (German Civil Procedure Code), the buyer shall be liable for the resulting loss.
As long as ATS GmbH retains ownership of the goods, the buyer must adequately insure them against common risks at their own expense. Any resulting claims — especially against insurers — are assigned to ATS GmbH up to the value of its claims. ATS GmbH accepts the assignment.
ATS GmbH will release securities upon the buyer’s request if their value exceeds the secured claims by more than 20%. ATS GmbH shall decide which securities to release.
§16 Right of Lien
ATS GmbH is entitled, under the Act on the Safeguarding of the Supply of Fertilizers and Seeds (“Düngemittelsicherungsgesetz”) of January 19, 1949 (WiGBl p. 8), as amended, to a statutory lien on crops (including those not yet removed from the field) produced using the fertilizer and certified or approved seed it supplies, for all claims arising from the delivery of said goods.
By purchasing fertilizer and seed from ATS GmbH, the buyer hereby grants ATS GmbH a lien on the resulting crops to the extent provided by law.
§17 Place of Performance and Jurisdiction
The place of performance for all obligations arising from the business relationship or individual contracts is the registered office of ATS GmbH in Braunschweig.
The place of jurisdiction is the court responsible for the location of ATS GmbH’s registered office.
The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
§18 Arbitration Tribunal
All disputes arising from the initiation or conclusion of business transactions between ATS GmbH and entrepreneurs as defined in § 14 BGB may, at the discretion of ATS GmbH, be decided by arbitration at a German commodity or product exchange tribunal, instead of regular courts.
In the event of a dispute about jurisdiction, the arbitration tribunal is determined according to the Standard Terms and Conditions in the German Grain Trade (EHB).
The contractual partner is entitled to request in writing that ATS GmbH exercise its choice of jurisdiction within fourteen days, even if no lawsuit has been filed. If ATS GmbH names a jurisdiction within that time, this jurisdiction shall be exclusively valid for six months. After this period, ATS GmbH’s right to choose jurisdiction revives. If ATS GmbH does not make a choice within the fourteen days, regular courts shall have exclusive jurisdiction over the dispute.
§19 Customer Data
ATS GmbH stores customer data exclusively for the purpose of processing business transactions in accordance with applicable data protection regulations.
The contractual partner consents to the collection, storage, processing, and transmission of their data to the extent necessary for the execution of business operations.
§20 Invalidity of a Provision
If any provision of these terms is or becomes legally invalid, this shall not affect the validity of the remaining provisions.